Accidental Rape? Huh?

Te(V)plar · 04-28-2006, 01:28 PM

A MAN who claims he mistakenly had sex with "the wrong woman" after entering a dark bedroom at the home of a Sydney magazine editor was yesterday committed to stand trial for rape.

"The [alleged victim] says she believed she was having sex with her boyfriend. She made a mistake as to who she was having sex with and so did the defendant."

When she turned on the light, the "hysterical" woman saw Mr Chappell in her bed and realised her boyfriend was still asleep on the couch.

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http://www.news.com.au/story/0,10117,18879056-2,00.html

I wonder what legal precedent on this is. This is actually a pretty interesting scenario. Technically, she consented to the sex. She didn't know it was the wrong guy (or did she?). However, didn't the guy commit the same mistake as the woman? Can't the argument be made that she also raped him?

Jerome Baker · 04-28-2006, 01:32 PM

Paul John Chappell, 31, was invited back to the editor's Bondi flat after they met during a night out.

The pair went to bed and Mr Chappell later got up to use the bathroom.

But Mr Chappell claims he mistakenly returned to the wrong bedroom, where the editor's 23-year-old flatmate was asleep.

He got into bed with the flatmate and initiated sex, allegedly believing she was the other woman.

The flatmate participated because she thought it was her own boyfriend who had come to bed after falling asleep in the loungeroom.

We've all been there.
You go home with one, the roomy is hotter and younger, so you "accidentally" go to the wrong room...

But maybe he was hammered, and it was an honest mistake. Who knows.
I thought he just went intro some random house by the initial post.

wellrounded · 04-28-2006, 01:37 PM

I want to have those kinds of *mistakes*

IRON-E · 04-28-2006, 02:02 PM

Quote:

Originally Posted by Te(V)plar

http://www.news.com.au/story/0,10117,18879056-2,00.html

I wonder what legal precedent on this is. This is actually a pretty interesting scenario. Technically, she consented to the sex. She didn't know it was the wrong guy (or did she?). However, didn't the guy commit the same mistake as the woman? Can't the argument be made that she also raped him?

My exgirlfriends never bought that argument.

brownface · 04-28-2006, 02:15 PM

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

WUchi · 04-28-2006, 02:24 PM

reminds me of european vacation with chevy chase. you know, when theyre in that little hotel

God's Justice · 04-28-2006, 02:30 PM

They should let him go, because a women in Canda shot her husband to death and later said she didnt notice because she was sleep walking. SHE GOT OFF SCOTT FREE!

Some judges are outright insane.

consortium11 · 04-28-2006, 03:34 PM

Quote:

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

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.

punkmother · 04-28-2006, 04:04 PM

sounds more like accidental consentual sex.

and honestly, it sounds like bullshit. her boyfriend must have found out and they concocted this scheme to cover it up. seriously, how does it escalate to that without realizing its the wrong person?

Tap · 04-28-2006, 04:45 PM

Exactly... the fucking slut was very well aware of what was going on... I bet she cried and made herself look real sad after that, saying she cant go on with him cause she felt she had let him down... ta daaa.. two weeks later the accidental rapist is her new boyfriend, just waiting to get owned the fuck out by her