About defining rape....

[Deleted]

This is a BIZARRE case, and brought to my mind the board discussion about defining rape. A court will be handling this one. Very strange. But is it RAPE or a really weird agreement between consenting adults?

www.foxnews.com/us/2011/05/19/va-businessmans-spankings-lead-charges/?test=latestnews

Va. businessman's spankings lead to charges
Published May 19, 2011
| Associated Press
VIRGINIA BEACH, Va. – Single mothers, former drug addicts and other beaten down young women who came to wealthy businessman Henry Allen Fitzsimmons for a chance to climb out of their financial hole knew his help came with a catch. In exchange for an allowance, a place to live and promise of a college education, they agreed to be spanked if they broke his rules.
At least six of the women say he his corporal punishment went too far, including one who says he sexually assaulted her, and the 54-year-old Virginia Beach restaurant owner faces felony charges.
"These women are victims. They're single moms. They need their bills paid," prosecutor Tom Murphy said at a court hearing Thursday. "It's bizarre, there's no doubt."
Fitzsimmons' attorney claims his slight, white-haired client is the victim, taken advantage of by women half his age who knew what they were getting into and filed charges only after a falling out.
"He's not a danger," Fitzsimmons' attorney, Moody "Sonny" Stallings Jr., told the AP. "Strange, but he's not a danger to anybody."

MORE..

[billisonboard]

But is it RAPE or a really weird agreement between consenting adults?

If I make an agreement to allow you to use my shower whenever your lousy plumbing is working and then at some point jump you when you poke your head out the door asking for a towel.... It the agreement was for one thing and something else happened, then it could easily be rape.

[Deleted]

I guess so, if all they agreed to was spankings. But then the spankings could not be assault... And they did not say NO to the other stuff, apparently. Don't you have to protest for it to be rape? Very weird. It will be a strange case, since he WAS paying them. Kind of like hookers, but not. Can't imagine so many women agreeing to such a strange thing....

[Deleted]

Where are our board lawyers???

[❤ mollymouser ❤]

Rape laws (including the definition of rape) are set and defined by individual states. What constitutes rape in California may or may not constitute rape in another state.

As to the question about whether or not someone has to protest for something to constitute rape, I don't believe verbalizing or vocalizing a protest is a required in the state of California. Unconscious people can be raped. Infants can be raped. Mute people can be raped. The issue isn't protesting, the issue is lack of consent.

One would have to research the penal code of other states to make a determination about the laws of those jurisdictions.

[Mad Dawg Wiccan]

People will do the strangest things for money. Ever watch "Fear Factor"?

[Deleted]

Well, seems he has been charged, so they must have cause. Not sure how the jury will decide who is nuttier in this case, though. I mean, the way none of them complained until one got fired then all of a sudden they say sexual assault, and other things, while taking his money... I don't have a clear feel about this case like I do most (whether or not I am wrong.)

[Deleted]

Is that the one where they eat bugs and stuff?

[Mad Dawg Wiccan]

Yeah, eating disgusting stuff and doing weird physical tests.

[Deleted]

Also, keep in mind that you can't make an agreement with someone in which one of the stipulations of the agreement breaks the law.

So if he agreed to pay them in exchange for being able to beat them, that would not be a valid agreement and he would be in trouble.

[jkapp]

May 20, 2011 12:24:18 GMT -5 ArchietheDragon said:

Also, keep in mind that you can't make an agreement with someone in which one of the stipulations of the agreement breaks the law.

So if he agreed to pay them in exchange for being able to beat them, that would not be a valid agreement and he would be in trouble.

But then wouldn't the women have to repay the money? Otherwise wouldn't it break the "getting monetary gain from unlawful activity" laws?

[Deleted]

Butbutbut... spanking is allowed in "consensual" ways, or it could be assault. But-- don't think he got charged for the spanking.. Weird sex is also legal-- the question is whether or not they consented. Looks to me they are going for the "they were poor downtrodden victims of society" defense, that he took advantage of. But-- he's not a shrink, or priest or any authority figure.. and they didn't object to him paying them and taking them out, putting them up in condos....

[Tennesseer]

I assume the spanking was because the man had a spanking fetish which was probably sexual in nature. So if the women accepted money for spanking, would they also have broken the law for prostituting themselves?

No one seems clean in this case.

[Deleted]

That is what I was hesitant to say.. it does pretty strongly resemble prostitution...

[Opti]

"This is a BIZARRE case, and brought to my mind the board discussion about defining rape. A court will be handling this one. Very strange. But is it RAPE or a really weird agreement between consenting adults?"

I guess I'm missing the conflict. If all he did is spank them there's nothing to report and they should have nothing to gain from the courts. If he sexually assaulted them in addition to the spanking then he should be tried in court and convicted.

I hope this doesn't lead to a rash of parents sexually assaulting their children since Krickitt implies if spanking is OK sexual assault may not be rape?!