Rape?
shadowcat
Atlanta suburb
Andrew Lewis, 47, was caught after his partner found a pin alongside condoms with holes in them in a bedside drawer — and then a damaged used condom in the trash, according to the Worchester News.
“He told police he had hoped the condom would split and it would improve the intimacy,” prosecutor Glyn Samuel told Friday’s sentencing at Worcester Crown Court.
“He said it was the stupidest thing he has ever done.”
Lewis made it clear he did not want to impregnate his partner — who was not named for legal reasons — but hoped she would “change her mind” about insisting he wore protection, his defense attorney, Lynette McClement, said.
Lewis was sentenced to four years behind bars after admitting rape at a hearing in July, the paper said.
Judge Nicholas Cole called it a “breach of trust” after his partner made it clear she only consented to sex if protection was used.
“The offense of rape is so serious a custodial sentence is appropriate,” Cole told Lewis, according to the report.
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Four years seems a bit much though? Well okay if abortion was illegal, then I’d maybe say it’s fair. But otherwise I think 6mo-1 yr is good enough. Possibly less? Just the “sex offender” branding will give him the full weight of consequences. Any sentence length too long will probably keep him out of mainstream society for too long and make him unemployable. When he’s probably not that much a hazard as far as the general populace is concerned.
What this guy did was horrible - and it deserves punishment. But the length of the sentence seems excessive.
The act was premeditated, and it’s not like a condom accidentally broke during intercourse.
https://www.cbc.ca/news/health/stealthin…
https://edition.cnn.com/2018/12/20/healt…
https://www.independent.co.uk/news/world…
It basically comes down to the fact that just because she agrees to one sexual act (sex with a condom) doesn't mean she agreed to another act (sex without a condom) automatically.
Are you even educated? Clearly not. Yes, he should. It *is* rape. She consented to sex with a condom and this piece of shit wasn't clearly thinking of any repercussions to his actions.
Last Spring I wrote about a girl at Landing Strip who was stealthed in VIP by a customer. If you want to argue with her about how premeditated removing or tampering with condom is not rape, I can arrange that. Because that customer had his ass beat next time he came in and tried it with another dancer.
and then theres guys like icey that support those beliefs.
If she wants you to use a rubber, dont drop the soap when you end up in the slammer
""Rape by deception" (or "by fraud")
The term "rape by deception" covers cases where sexual activity was procured by deceit, and the question of when deceit is substantial enough to mitigate consent. In English law, the basis for such claims is "very narrow", as ruled by the Court of Appeal in R v Linekar [1995] 3 All ER 69 73. Cases demonstrating the law on consent as set out in the 2003 Sexual Offences Act include R v Assange (aka Assange v Swedish Prosecution Authority)[Notes 1] (if consent was conditional on the use of the condom during intercourse, and the condition was deliberately disregarded, that was capable of amounting to rape),[5] R(F) v DPP (the sexual act was performed in a way that broke a condition agreed previously),[5] and R - v - McNally (deceit as to gender)"
no castration laws in that neck of the woods huh?
Using deception of any kind can be considered sexual assault. But conviction greatly depends on the type of deception. Lying about a job might not do it but promising a job in exchange for sex with no intention to follow through does.
And of course women are convicted of rape but so few cases are reported. Just as men are unlikely to report being raped by other men.