The elements of informed and freely given aspects of consent have been embedded in the law for a long time. We just have chosen, as a culture, not to afford women the right to exercise that kind of consent when it comes to sex. BTW, one can have an argument about what kinds of information are relevant to “informed” sexual consent. I feel like when a person explicitly bargains for monogamy prior to entering a sexual or marital relationship and then the partner deliberately ignores that element of the consent, well, to me, that’s pretty straight up fraud that is relevant to the consent given. It’s also distinguishable from your “if he had known” standard, because the woman has explicitly said prior to the transaction, “I’m not willing to have sex with you if you’re sleeping with others.” There are many forms of rape. Some people choose to focus on “forcible” “stranger” rape as the only “legitimate” rape. But, there are other forms - date rape, marital rape, etc. Your pre-requisite for “realistic” definition of consent is the same argument that was applied to date and marital rape - is it “realistic” to believe that the husband would be able to hear “no” from his wife (or that she could say it), is it realistic to believe that a husband could restrain himself from having sex with his wife when she said “no”, is it realistic to think that a date or marriage wasn’t itself consent to sex?, etc. What once was unrealistic is now a realistic expectation. Either women have a right to control their bodies and the terms on which they have sex, or they don’t. Monogamy is frequently one of those terms. It is a term that is absolutely under the exclusive control of the prospective partner. If the partner chooses to violate the terms of consent, whether or not the monogamy-requiring partner knows, then it becomes non-consensual sex, otherwise known as rape. |
Yes. Betrayed partners can contract lethal infections without their knowledge and/or infections that are life-long. There are also STIs that are asymptomatic yet can cause infertility. I really think its akin to criminal to not get consent before going outside of an agreed upon monogamous marriage, when you are still having sex with your spouse. |
Certain STIS can also cause harm to a fetus and/or newborn in a pregnant spouse that contracts one from a cheater. Mental retardation, blindness, deafness, learning and/or developmental issues, early birth, etc. |
All true, and not likely the cheater cares or thinks about this at all. |
I think you pretty much agreed that your definition of "consent" is not one used in the law, which defines what "rape" is, and it is self-evident why that is not the definition used in the law. I guess you are tying yourself in knots with this because you want to condemn cheating as something more than a broken promise, but what you are doing is equating rape to a broken promise. This just seems like some silly academic women's studies course nonsense that has zero applicability to the real world, and is frankly insulting to those who have been assaulted. |
| Sex and sex and sex |
NP. I’m pretty sure that was PP’s point that, although this type of situation isn’t expressly addressed in the law, it involves lack of consent (due to being defrauded) and therefore arguably should be considered rape, or sexual assault, or whatever term is used to describe non consensual sexual activity. Consider for example if a man were dating a woman but had no idea she was trans. The woman did not disclose, because she wanted sex and knew he would not consent if he knew she originally had been a man. In fact, he has strong religious beliefs and, when he finds out he’s had sex with a person who originally was a man, he feels violated and devastated. Mind you, I think this scenario is much far less likely to happen than the scenario of a man duping a woman into having sex with him by withholding the fact that he’s married, or that he actually thinks she’s trash and is just using her, etc. But it all gets to the same place that the perpetrator is enacting a fraud to obtain sex. Not unlike fraudsters perpetrate a scheme to defraud you of money. PP’s point is this should be actionable under the law, because it involves the same elements of lack of informed consent and intent to defraud that apply in crimes that are recognized under the law. |
| Wow, someone that put my health at great risk I wouldn't care what happens to. Cancer, or run over by a car...wouldn't care OP. Hopefully that's a cheaters end. |
PP was correct. It was rape by fraud. Not to mention the life long diseases or worse she could have gotten should be criminal. |
| Chris Rock said it best years ago - the only thing better than p*ssy is new p*ssy. |
The law does change. For example, for a long time any sexual contact between a husband and wife was not considered rape. It is only relatively recently that laws were passed against marital rape. Just because something is legal doesn’t mean it isn’t as bad as something illegal. Also there are “rape by deception” statutes. |
FYI somebody did actually go to prison for pretending to be a different gender to induce somebody to have sex with them. (Not the same thing as being trans of course) |
| "Rape by deception" refers to thinking you are sleeping with one person when it is not that person -- like it is really dark, you are drunk, and they are in costume or whatever. It does not refer to someone breaking a marriage vow. |
Again, the PP (or multiple PPs) are saying that the cheater lying and leading his wife to think he’s being faithful, or lying to the OW that’s he’s single, or similar such lies are of the same ilk and SHOULD be considered rape by deception. |
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For me, it's really about being able to experience the joy of sex again. Not just the orgasms but the connection, the erotic dance, the seduction, all of it.
My wife has zero - zilch, nada - interest in sex. I have talked about it, tried suggestions, even tried abstinence, but at some point, I am not going the rest of my life without it. And why should I have to give up my home and kids? I have kept my end of the bargain, I am in good shape, I am successful, I dress well, I take my wife on dates, plan vacations, all of it. I did not choose this, I would much rather have sex with my wife, but I am not choosing celibacy or losing my kids as an option. And neither would the people who would judge me if they were in my shoes. |