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Originally Posted by brownface
rape = some sort of force involved??
in the uk you have to "press charges" if the women in this case is pressing charges the guy probably has some money
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Nope, rape is if he intentionally penetrates the vagina, anus or mouth of another personwith his penis, the other person does not consent to the penetration, and he does not reasonably believe that the victim consents. No need for force. The question here is to whether she consented and he knew this, and the issue is one of whether if she knew that he wasn't her boyfriend she'd have had sex with him. Assuming she wouldn't and he knew this he'd be liable for rape.. The closest case I can remember to this is Collins: The defendant, having discovered that a woman was lying asleep and naked on her bed, stripped off his clothes and climbed up a ladder on to the window sill of the bedroom. At this moment the woman awoke and, mistakenly believing that the naked form at the window was her boyfriend, beckoned the defendant in. The defendant then got into her bed and it was only after the defendant had intercourse with her that the woman realised her error. This doesn't give a clear response as it was a burglary rather than rape case.