Is This Rape?

[SoccerTrack23]

My girlfriend liked this guy so she brought him to her house and he came in her room in the middle of the night while she was sleeping but she woke up and he was naked and she was also naked but he didnt have sex with her or penitrated her in anyway but he was touching her all over the place and she also didnt yell stop so did she get raped?

[factor-fiction]

You should look up the definition of rape

[Old_Geezer]

Sounds like assault to me. Not that I'm any expert.

[Hopkirk]

"My girlfriend liked this guy so she brought him to her house"

Some girlfriend!

[Buenchico]

No.

From the CPS website:
"The elements of rape are:
(A) intentionally penetrates the vagina, anus or mouth of another person (B) with his penis;
(B) does not consent to the penetration, and
(A) does not reasonably believe that (B) consents"

It might be indecent assault but, given the apparent (implied) consent, even that would be hard to prove.

[Dizmo]

Do you mean girlfriend or a friend who is a girl, if the former then I agree with Hopkirk.

[VHG]

This does not come under the legal definition of rape but can be considered sexual assault.

From web site

Current legal definition of rape

The Sexual Offences Act 2003 (the Act) came into force on the 1st May 2004. The purpose of the Act was to strengthen and modernise the law on sexual offences, whilst improving preventative measures and the protection of individuals from sexual offenders. The Act extends the definition of rape to include the penetration by a penis of the vagina, anus or mouth of another person. The 2003 Act also updates the law about consent and belief in consent.

The word 'consent' in the context of the offence of rape is now defined in the Sexual Offences Act 2003. A person consents if she or he agrees by choice, and has the freedom and capacity to make that choice. The essence of this definition is the agreement by choice. The law does not require the victim to have physically resisted in order to prove a lack of consent. The question of whether the victim consented is a matter for the jury to decide, although the Crown Prosecution Service (CPS) considers this issue very carefully throughout the life of a case.

Current legal definition of sexual (indecent) assault

Sexual assault is an act of physical, psychological and emotional violation, in the form of a sexual act, which is inflicted on someone without consent. It can involve forcing or manipulating someone to witness or participate in any sexual acts, apart from penetration of the mouth with the penis, the penetration of the anus or vagina (however slight) with any object or the penis, which is rape.

[SoccerTrack23]

She is my girlfriend not just a friend we are dating

[Dizmo]

If she didn't yell stop or ask him to stop then how did it end? Am I right by assuming he just groped her and then just left the room? This for me is a weird situation...

[BlackadderV]

Well **** me, I didn't know that.

[VHG]

>>> the apparent (implied) consent,

Being woken up in the middle of the night and sexually fondled does not seem like implied consent to me.

She invited him back to her house, but that did no give him the right to molest her (unless she gave encouragement / consent).

But as you say, hard to prove.

Mind you Ched Evans went to prison when the girl was too drunk to even know if she gave consent and cannot remember anything so it is very grey area.

[Dizmo]

SoccerTrack23: I suggest you have a long think about where your relationship is going. Regardless of the law she didn't tell him to stop. Can you live with that? I know I couldn't.

[Barmaid]

According to the text at the beginning of the Law section:-

"Please refrain from being rude, abusive or judgemental - members come here for advice, not judgement! Members who offer only moral judgement will be suspended."

[Dizmo]

VHG: The details SoccerTrack23 have given could imply that she was woke up by him touching her or that she woke up with him in the room then he started touching her - it isn't clear enough. This one doesn't feel right to me.

[SoccerTrack23]

Thats why im asking the question and i forgot she didnt invite him her brother did bc they were friends does that change and he was also spending the night with her brother but they live in the same house

[SoccerTrack23]

She woke up with him on top of her

[Dizmo]

Barmaid: I've never seen that text :) I just click the links on the Lastest Post widget. Although I suppose it's common sense.

I didn't mean to sound judgemental I'm just offering a sideline of advice. Without working out the stats I reckon that 90% of all threads on AB contain advice which is slightly off topic.

If I've offended anyone, I will apologise.

[askyourgran]

Your girlfriend? She was naked and so was the guy she had invited to stay at her house. She did not tell him to stop while he touched her (all over) but no penetrative sex took place. Just a hot tussle by the sound of it. So no, it was not rape.

[SoccerTrack23]

I just want to figure out what I can charge him with she didnt say no because she was out of the state of mind she was scared to death

[Dizmo]

SoccerTrack23: Well now that's a little different. So she didn't invite him and he was on top of her.

Now my next question is, did she not tell him to stop because she was scared? If so then everything changes...

I'll leave Barmaid to help now as she has the legal background.

Sorry if I've caused any offence to yourself or your girlfriend.