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this is the situation. The marriage has been rocky for years and the couple has a talk, one basically telling the other she is no longer in love with him. They have to continue living under the same roof for a while, due to financial circumstances. The husband is always bothering the wife about sex, even after their talk about splitting up. He gives her a constant guilt trip about it, and she continues to turn him down. One night she is sleeping. She sort of wakes up, but thinks she is dreaming and someone is caressing her. It feels good, her body responds. She is still not awake. Next thing she remembers her husband is having sex with her, but she's still only half awake and doesn't fully realize what is happening. Only after he is through does she mostly wake up and wonder what just happened. Was there any consent here? He knew she didn't want it, so he waited until she was asleep and did what he wanted. Is this rape? Or what would you call this?
eromreven eromreven 26-30 50 Answers Jun 16, 2009

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no consent= rape

whether married or not. she is a person and not some piece of sex meat

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Yes it is rape, and what a ******* pathetic man.

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I have to disagree. You gave consent when you married. You are still sleeping in the same bed. In the same house. If you wish to withdraw consent, then get the heck out, let the lawyers do their job and get on with your life.

Even if you talk and decide it is over, staying in the same house and bed say the exact opposite.

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the fact you are married doesn't mean you're hot & ready for sex 24/7 & whenever your partner is. you're married, but your body is still your body - no one has the right to violate it.

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If you didn't want it, and he did it. It's rape. It doesn't matter when, where, or how, if he had sex with you against your wishes and it was made clear to him you didn't want it, then yes, it's rape.

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Under California law, rape is sexual intercourse against the will of the victim that can occur under a variety of circumstances, including:



Where the victim is prevented from resisting due to alcohol or drugs.



Where the assailant uses physical force or the threat of force to overpower and control the victim.



Where the victim fears that she or he or another will be injured if the victim does not submit.



***Where the victim is at the time unconscious of the nature of the act, and this is known to the assailant.***



Where the victim is incapable of giving legal consent due to a mental disorder or developmental or physical disability, and this is known or reasonably should be known to the assailant.



Where the act is accomplished by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another person.



Where the assailant uses duress, such as a direct or implied threat of hardship or retribution, to coerce the victim.



Where the assailant uses force, fear, or threats to accomplish sexual intercourse against the will of the spouse. This provision of the law is known as the "spousal rape law."



I would say since she was really unconscious of the act and the assailant knew this, under the California law her husband could be charge with Rape. Not all states are the same on this law so a little research would be needed to make a firm decision.

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From the details in the situation, yes, I would consider it rape. I hope this didn't happen to you. :(

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What a low life!.....YES!....



Cut it off so he can't do it again!

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YES YES YES!! It does not matter if he is your husband. Just because you take vows with him doesn't mean he gets to rape you. Where in your vows does it say for better or if he rapes me?It is sick for anyone to even say that marriage justifies it.There is marital rape, and it is a law. It doesn't matter if you sleep in the same bed or not, its rape. How the hell can a person consent when they are asleep?? How the hell do you say NO when you are sleeping! There does not have to be drugs involved for it to be rape. This sounds very calculated and planned. If she has told him NO while awake, he then waits until she is asleep, it is planned. Spousal rape is a crime and is punishable. People need to get a clue about rape, and stop citing such BS that only hurts women--sometimes men. Have the people saying the **** ever been a victim of a sexual assualt? Well I have when I was 15--I guess you all would say it was my fault because I got in the car with this guy I knew. I know you would feel it was my fault that when I was married to my ex, he worked late, I was in bed asleep. I was awaken to a weight on me and the pressure in me. I started screaming and he slapped me and told me that I shouldn't go to bed without panties on. So I guess that was my fault cuz I slept without panties.

BTW---treeteeg so is it okay for a man to marry a woman and fall out of love with her? Just becuase you fall out of love with your husband doesn't make you a B. Narrow minded people who have no knowledge of what you open your mouth and dribble about, and are insulting to women.

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YES THATS RAPE......

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if one person doesnt consent its rape... doesnt matter if youre married or not

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I do not care what you call it.....Me....I call it rape...



I mean that is no better than some guy getting off when his date is dead drunk....If she can not say No....and he does his thing...It is RAPE... No if's...and's...or buts...



Rape is rape

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hey .......but if the lady don't want it.....

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Why do you even ask such a question when you already know the answer...You didnt consent....therefore it was against your will...ITS RAPE

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If this couple is going to split then she should have told him to sleep in another bed. The big red flag was raised when he continued to pursue sex even through her objections. It was inevitable for this to happen at some point, he wanted it and she didn't but they are still married and in the same bed. He had an opportunity and took it. Doesnt make it right at all, it is still rape, but it was set up to happen.

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Definitely rape. She made it clear she didn't want it, and he went ahead anyway. What a loser.

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yup that is rape.

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My ex-husband did this to me and it IS RAPE!!! Rape is defined as the unlawful compelling of a woman through physical force or duress to have sexual intercourse or any act of sexual intercourse that is forced upon a person. Did he ask her to do this consentually? Did she agree while asleep?? HELL NO she didn't so YES it is RAPE. And no little piece of paper that makes her his wife and he her husband will protect an A$$hole like this guy from being convicted if she is willing to report it. Read about the horrible thing my ex-husband did to me while I was not just asleep but medically unstable :



http://www.experienceproject.com/uw.php?e=374664

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Rape is having sex with someone with out thier consent. Asleep, drugged, knocked out or just said they didn't want it. She told him no, he waited for her to go to sleep and then did what he wanted without her consent. That's rape no matter how you look at it. Marriage does not entitle you to have sex with someone when they don't want it. Period!

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Yes

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That is a bad situation. If you do not sleep in seperate rooms right now...you might want to start. Make sure you have a lock. This is considered rape. You did not consent to this horrific act of his selfishness. I would try my hardest to get out of the house. But if you can't, sleep in another room with a lock. Sorry you had to endure this situation. Good Luck.

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