If a man has a woman's written consent for sex then can he still be charged with rape?

Would that written contract mean anything in court?

10 Answers

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  • Anonymous
    7 years ago
    Favorite Answer

    haven't you been paying attention ?

    they can change their mind and withdraw consent at ANY time...

    so...

    the best plan is to orgasm as quick as you can, and whatever you do, don't let her culminate before you...

    and let those more experienced risk it.

  • Elana
    Lv 7
    7 years ago

    I suppose if you got a document signed AFTER you had sex that stated it had been consensual, it would be pretty difficult to argue that it was NOT consensual, although she might be able to argue that it had been signed under duress.

    i.e. "he raped me and then he made me sign this document".

    Maybe get it notarized?

    But right up until the act itself, either party can decide to not do it and no agreement between them can justify one forcing the other to do it - such force would constitute rape.

    The law does not work in a vacuum, however. If she consented right up until the moment of climax and then declares milliseconds before orgasm that she doesn't want to, the practical considerations of a "hasty retreat" are understood by a jury. You cannot fault someone for orgasming when the act of withdrawing causes the orgasm. You must withdraw immediately, but that doesn't mean it isn't going to be ... um ... messy. The orgasm itself is not part of the rape, it's the penetration - though neither of you may see it that way at the time.

    Of course, that assumes that the jury knows exactly what happened - which assumes that the man and the woman actually agree on what happened - which is probably rare in these cases.

    Clearly, when you're dealing with a woman who is really unsure, it's probably a good idea to find something else to do.

  • Elle M
    Lv 4
    7 years ago

    Even with written consent if a woman changes her mind and no longer wants to have sex, and the male rapes her he should be charged.

    http://vimeo.com/64941331#

  • 7 years ago

    If at any point she says no or get off of me and you dont it would then be rape paper or no paper. Whether or not you'd get away with it is another story but it would still be rape.

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  • ?
    Lv 7
    7 years ago

    Even with a contract you still would have to stop when she said so or it's still rape.

  • 7 years ago

    it would be treated like a pre-nup. nice to have but can be struck down in court.

    men are screwed (literally and figuratively)

  • 7 years ago

    Yup.

  • 7 years ago

    Of course. She can claim she changed her mind.

  • 7 years ago

    yes cause she can change her mind at any time

  • Glinda
    Lv 7
    7 years ago

    Dude, you really can't be that desperate, can you?

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