Philosophical and legal questions on rape

Is being raped while you're unconscious slightly "better" than being raped while conscious?

This was a question asked today by one of the members of Public Debate at https://www.facebook.com/groups/466234513398453/?fref=ts

• Yes
• No
• Depends on who the rapist is

You would have to get a girl, rape her in two different ways and then ask her how she feels after each experience.

For the purposes of the procedure of this hypothetical experiment, should she first be raped while she is conscious or unconscious?

I would suggest that it would be more "efficient" to rape her while she is conscious and then ask her if she would prefer to be raped while she was unconscious or unconscious the second time you rape her

Her answer would be telling as to how much she resented or enjoyed the experience.

Which is worse?

• rape by someone with whom one has previously had consensual sex
• rape by a complete stranger

If a rape victim is financially compensated, should the circumstances of the rape and her sexual history be taken account into account when establishing the quantum for damages, or should a virgin receive the same sum as a common prostitute?

• a virgin should be compensated more than a common prostitute
• a virgin and common prostitute should receive the same compensation

Is it the greatest injustice to treat unequal things equally?

Should marital rape come under the category of unreasonable behaviour rather than rape in its strictly understood sense, since a marriage can be annulled if it is not consummated, with the implication that each party to the marriage has a duty to have sex with the other?

• Marital rape should be considered a species of unreasonable behaviour, and no more.
• A husband who rapes his wife should be punished as severely as a burglar who rapes a householder's wife or a woman who is a householder.

Should all who marry be required to agree a marriage contract and the marriage contract stipulate frequency of sex as one of its terms?  (It is perfectly possible to stipulate in the marriage contract the number of times one's spouse can be required to have sex in a given week/month/quarter/year, and whether they can be "rolled over" in the event of unavoidable spousal absence or indisposition.)

Is it logically possible to obey a woman when she commands you to rape her?

"The freer with her favours the average British woman is, the less should be the sum of compensation for an act of rape."  Agree/Disagree

"The compensation for rape should be based on what a professional prostitute would charge for the sex act in question, multiplied according to the amount of force used, as well as the sexual history of the rape victim."  Agree/Disagree

Is it "better" to be raped while conscious or unconscious?

http://www.bbc.co.uk/news/uk-27726280

Measures aimed at addressing drop in rape convictions launched

Alison Saunders says "myths and stereotypes" must be addressed

Let us hope "our" Alison will not be the next Mary Kellett. She is clearly biased against anyone who does not conform to her PC feminazi views.

http://thebattlefieldoflove.blogspot.co.uk/2012/07/why-is-alison-saunders-of-gender.html
Why was Alison Saunders of the *gender imbalanced* London CPS "disappointed" that John Terry was acquitted of a racially aggravated offence?

http://thevoiceofreason-ann.blogspot.co.uk/2013/05/matriarchy-proposes-to-make-it-easier.html

http://www.the-spearhead.com/2011/03/29/the-movement-to-disbar-mary-n-kellett/

@BBCr4today @ntfem so approx. 40% of rape taken to trial FAIL to get conviction? WHAT is going wrong? the poor victims ..
— J (@Jamesgold45) June 6, 2014

@Jamesgold45 @BBCr4today It could mean that women who falsely accuse men of rape fail to get a conviction. @cpsuk
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 @BBCr4today It is clear that Alison Saunders has a feminist agenda to get as many rape convictions as possible. @cpsuk
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 @BBCr4today @cpsuk Rape shd be treated as a species of personal injury so an element of contributory negligence can be imputed.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 @BBCr4today @cpsuk The idea that women should take any responsibility for anything at all these days in Britain is anathema.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 @BBCr4today @cpsuk Not all laws are just, especially when the DPP is a female pursuing a feminist agenda to undermine men.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 @BBCr4today @cpsuk Oral sex is used these days as a means of paying cab fares, apparently. http://t.co/ntxYWp6u3P
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 @BBCr4today @cpsuk Rape should be treated as a personal injury and the quantum of damages should be calculated rationally.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 @BBCr4today @cpsuk Rape is only the lowest of crimes that destroys lives if the victim a virgin, but not if she is prostitute.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 @BBCr4today @cpsuk If rape victim is a prostitute, then perhaps it shd be treated as robbery or obtaining services by deception
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 What nonsense are you referring to?
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 @BBCr4today @cpsuk The Director of Public Prosecutions should be studiously impartial. The last one was a Labour stooge.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 @BBCr4today @cpsuk I am not saying women are never raped, you fool, but there are many obvious cases of contributory negligence
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 @BBCr4today @cpsuk Excuse me, but I think a rape victim who was a virgin should be compensated more than a prostitute.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 Rape is not "just" a personal injury. Are you so sure rape victims would object to being financially compensated?
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 You could ask the prostitute how much she would have charged for what the rapist did, and make him pay twice, thrice etc that.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 @BBCr4today @cpsuk Are you saying Muslims are not "sensible human beings"?
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 Why don't you ask women if they think rape victims should be financially compensated?
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 Perhaps the rape victim should be compensated to such an extent that she half hopes he would do it again?
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 I am sure there are many women who think it is fair enough that rape victims should be financially compensated.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 If the principle that rape victims should b financially compensated is agreed then the basis of compensation should be fair.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 If the victims of crime are prepared to accept compensation, why are you forbidding that? It is up to them, surely?
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 I have never suggested rape victims want to be raped!
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 Do calm down. It should always be up to the victim what she wants to happen to the perpetrator.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 You are being hysterical now. If a rape victim wants to accept compensation you really have no business forbidding this.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 If the rapist cannot afford to financially compensate his victim he should be enslaved.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 I am sure there are lots of rape victims who would like to be financially compensated for their sexual injury.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 A doctor who even has sex with his female patients is struck off and generally is. I have never suggested otherwise.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 I don't know how much rape victims should be compensated, bu a sensible basis can be worked out along the lines of Kemp & Kemp.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 Kemp & Kemp is what lawyers use to work out the quantum for damages in personal injury. http://t.co/dsn8tSwsRW
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 It is different for doctors, I would suggest, who are expected to have what are called medical and professional ethics.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 I would have thought being struck off as a doctor is sufficient punishment after his conviction of rape. You want to hang him?
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 You disappoint me being one of those people who assume people are mad just because they have views you disagree with.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 You are being rather low to suggest I am a rapist just because I suggested that rape victims should be financially compensated.
— Claire Khaw Ra (@ntfem) June 6, 2014

@Jamesgold45 Discussing how rape victims should be compensated is not "supporting rape", you fool. Is it your time of month?
— Claire Khaw Ra (@ntfem) June 6, 2014

@BBCr4today Let us hope DPP Alison Saunders will not be the Mary Kellett of Britain. https://t.co/Z3VsDJCNvR and https://t.co/RL0kKP8dDZ
— Claire Khaw Ra (@ntfem) June 6, 2014

Should rape be treated as a personal injury for which damages are payable?

http://www.dailymail.co.uk/news/article-2547727/Women-drunk-men-risk-rape-says-agony-aunt-Irma-Kurtz-faces-backlash-latest-advice.html

and for which contributory negligence is also attributable?

How typical of Jane Garvey of Woman's Hour to imply that women must always right, even when they are clearly wrong.  That programme does more to lower and corrupt the morals of this nation than any kind of pornography.

A quantum of damages could be established.

How should damages be calculated and assessed?

It should always be enough to make the woman half hope that the rapist would do it again.

Should all rape victims be compensated at the same rate?  Surely it is insulting to award a rape victim who is a virgin the same amount as a prostitute? It is after all the greatest injustice to treat unequal things equally.

Many interesting questions are raised by this proposal and I am sure lawyers will have fun discussing and solving this problem.