Rape Or Just Stupid ?

[EDDIE51]

There is a story in the Times today about a 68 year old man who is accused of rape on a 24 year old woman.
The story is that the man put photos of a 29 year old male model online to lure women for sex. It was to be on his terms that the woman did not see him before having sex with him.(apparently a reconstruction of a plot in '50 shades')
A woman agreed to this and by agreement let herself into his flat by an unlocked door. She then undressed in his bathroom and put on a blindfold. Then she went to the bedroom where he was waiting and they had sex. She accused him of rape when she took off the blindfold and saw what he really looked like.
The case is in France and is going to court, do we think this is rape ?

[Gavmacp]

No But very very stupid!!!

[Mamyalynne]

Not rape IMO - a very dangerous game to play.

[anneasquith]

don't think so, she consented to sex.

[jakep]

No this is not rape.
Yes this is stupid.

[EDDIE51]

Yes, I found it hard to believe that someone could be that stupid.

[shoota]

Under English law: 'A person consents if she or he agrees by choice, and has the freedom and capacity to make that choice.'
By making a fraudulent representation of himself the man took away the 'freedom and capacity' of the woman to make the choice: she was not in full possession of the true facts and therefore unable to make an informed decision.
Rape IMO - although a jury may not agree....

[stuey]

It sounds more like a case of sour gRAPEs on her part.

[Gavmacp]

Shoots,
Still don't think it's rape.

[gness]

Shoota.....could the fact that she, and not he, put on the blindfold mean that she was the one who denied herself the freedom and capacity to see the reality of the situation before having sex?

[shoota]

She did that in the belief that she was about to enter a room containing a 29yr old man, had she known the room contained a 68yr old man she wouldn't have put the blindfold on.

[shoota]

(By the way, I'm a 28yr old male model, do you have a scarf handy...?)

[anneasquith]

I don't shoota,,,,,,,,,,,,,,,, but I know a man who has !!!!

[gness]

And then had sex thinking he was twenty nine?......Must have lost her sense of touch as well as her marbles.....x

[gness]

Behave, Asquith!!!!

Shoota......a twenty eight year old male model would be way down my list.... I would need the scarf....x

[Gavmacp]

I do rather agree!

[anneasquith]

G, i'll have the 28 year old male model then.

[shoota]

The offence could be complete with the first 'touch' - 'penetration by a penis of the vagina, anus or mouth of another person.'

[stuey]

It appears that this young woman and the statue of justice have something in common: they are both blindfolded.

[gness]

With pleasure, Anne.......☺

Then I'd sue him for lack of foreplay and boring sex, Shoota......nope, can't see that now I think of it.
You'd at least shake hands first, surely?

[jim360]

I think it very possibly is legally rape. The woman had consented to sex with a man who in this case turns out not to exist. Hence she had not consented to sex with the man who actually had sex with her. Regardless of the sense of putting a blindfold on before meeting a sexual partner it is legal issues at stake here and I think she has a definite case.