4 ms·

> Are women that say they're on the pill but aren't, or that use the man's sperm to impregnate themselves after sex, rapists This is a very interesting scenari

> Are women that say they're on the pill but aren't, or that use the man's sperm to impregnate themselves after sex, rapists This is a very interesting scenario you bring up. Anna and Bob agree to have sex. Anna would prefer without a condom, Bob insists they must have a condom. Anna sabotages the condom by poking a pin through the package. They have consensual sex with the condom, which unbeknownst to Bob has a hole placed there by Anna. Anna becomes pregnant. Is it an absolute unquestionable legal fact that Anna raped Bob? Should Anna be arrested? If Anna leaves the country, should she be extradited to face justice? And does this only matter for a particular kind of birth control? Anna tells Bob she is on the pill but she is not. Bob consents only on the condition that Anna is on the pill. They have sex. Is it an absolute unquestionable legal fact that Anna raped Bob? Should Anna be arrested? What about sex conditions not related to birth control? Bob agrees to sex with Anna only on the condition he be allowed to wear his warm wool socks to bed. During sex, Anna finds the socks to be scratchy and pulls them off. Is it an absolute unquestionable legal fact that Anna raped Bob? Should Anna be arrested?

ahakki 7y ago
In Switzerland it definitly would not count as rape by Anna (men cannot be raped here, only sexually abused (same max prison time, but rape carries a mandatory minimum of one year)). But she would be liable for the financial damage caused to Bob (child support, lost income, anything you can think of). There is a famous case before the highest court, where a doctor, after forgetting to perform a sterilization a patient requested together with the caesarian birth of her second child, was deemed liable for the financial loss incurred by the existance of her third child.

4 ms·

> Are women that say they're on the pill but aren't, or that use the man's sperm to impregnate themselves after sex, rapists This is a very interesting scenari

by droithomme 7y ago

ahakki 7y ago
In Switzerland it definitly would not count as rape by Anna (men cannot be raped here, only sexually abused (same max prison time, but rape carries a mandatory minimum of one year)). But she would be liable for the financial damage caused to Bob (child support, lost income, anything you can think of). There is a famous case before the highest court, where a doctor, after forgetting to perform a sterilization a patient requested together with the caesarian birth of her second child, was deemed liable for the financial loss incurred by the existance of her third child.