lovingboth: (Default)
Ian ([personal profile] lovingboth) wrote2003-12-22 01:50 pm
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Non-payment of a prostitute = rape?

Three separate places are currently debating this one. What do you think?

[Poll #223691]
cryx: me showing off hair done by a stylist from paris (Default)

[personal profile] cryx 2003-12-22 06:35 am (UTC)(link)
i'd say no, because the act at the time the act was consentual. it would be obtaining services with deceit/false pretense though!

[identity profile] uran.livejournal.com 2003-12-22 06:49 am (UTC)(link)
So you'd say that when a prostitute has sex with someone, it's merely a physical transaction and she/he's not sharing a part of his/her self at the time and it is not at all personal? It depends on the sort of service the person in question provides. If some heart and effort is included in the fee and the bastard takes off without paying, I'd say that's rape.
You can't make a distinction here... I don't know too many sexworkers who just _fuck_. There's It's not an emotional violation, but it's still rape. Rape, on paper, is a physical thing. It leaves psychological scarring, yes, but on paper it's just physical. How bad it was shouldn't come into it.

[identity profile] uran.livejournal.com 2003-12-22 06:54 am (UTC)(link)
(that is to say, all rapists should be treated like the animals they are and hoarded into prisons without release. If someone is that way inclined towards others in the population, they should not be a part of that population.
You also encounter issues like, 'she was raped but she's a hooker. he should get less punishment because she gives it away anyway!' when the person who raped her met her in a bar and she was friends with him, nothing to do with her job. That's what I had to deal with when I was raped this time last year, and I felt it looked so bad on paper, along with ineffective rape laws that try the victims rather than the rapists, that I didn't even bother reporting it or the bruises with a doctor.)
cryx: me showing off hair done by a stylist from paris (Default)

[personal profile] cryx 2003-12-22 07:22 am (UTC)(link)
So you'd say that when a prostitute has sex with someone, it's merely a physical transaction and she/he's not sharing a part of his/her self at the time and it is not at all personal?

No, not at all actually, but i do feel the crux of rape is the consentuality of the act.

i see your point, but i would define rape as someone being forced into an act which is non consentual at the time of the act.

If you change your mind later about the consentuality i don't think that can be counted as rape. And if it was said that you could change your mind later on, that would set quite a dangerous precident.

That being said i would definitely say not paying would be a crime, but i really don't feel that it could be classed under the crime of 'rape'.

I feel a morally similar situation would be of an artist who gives someone their life's work, with the expectaition of being paid, only for the person to run off with it. Psychologically damaging, certainly.

[identity profile] chaoticerotic.livejournal.com 2003-12-22 07:38 am (UTC)(link)
Hmm....i know people who *just fuck* for fun,too.


And I know a girl who has been raped, a non sexworker...and there was no 'sharing' of anything emotional at the time.
djm4: (Default)

[personal profile] djm4 2003-12-22 06:51 am (UTC)(link)
The consent was conditional, though, and the conditions subsequently weren't met. I don't know the legal definition of rape well enough to comment, though. As to whether it's morally 'rape', that would depend on an agreed moral defintion of 'rape' the existence of which I'm not aware of. It is in the same moral ball-park, to my mind.

[identity profile] uran.livejournal.com 2003-12-22 07:02 am (UTC)(link)
Agreed.
If it were a simple case of non-payment of services, that would be to say that prostitutes only provide services and nothing more. If that's the case, why are they so frowned upon as a whole? Something more is going on, or maybe pop will eat itself. It's too late to be having this discussion with myself :)
cryx: me showing off hair done by a stylist from paris (Default)

[personal profile] cryx 2003-12-22 07:29 am (UTC)(link)
Tis a tricky one to be sure!

What about the case of the girl who is waiting till marriage, but decided to sleep with her fiance as they were going to get married, so that would be 'alright'. does it then become rape a year down the line when he decideds that he doesn't want to marry her?

if so, would it still be the case if she now thought waiting till marriage was a mugs game? The conditions of the initial act would still be broken.
cryx: me showing off hair done by a stylist from paris (Default)

[personal profile] cryx 2003-12-23 01:42 am (UTC)(link)
wow. he really was desperate to get laid!

[identity profile] mactavish.livejournal.com 2003-12-22 10:33 am (UTC)(link)
Right. I'd consider it business fraud or theft.