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In reply to the discussion: I have a question for DU ladies. [View all]pnwmom
(110,331 posts)a condom, the penetration -- i.e., the rape -- had already occurred.
She only consented to have sex with him earlier after he agreed to use a condom. She specifically told him she would not have sex unless he used one. Just because a woman agrees to have sex with a man one night, after he agrees to use a condom, doesn't give him the right to penetrate her the next morning in her sleep, without a condom.
asleep. Hence, no consent.
http://www.guardian.co.uk/media/2010/dec/17/julian-assange-sweden
The following day, Miss W phoned Assange and arranged to meet him late in the evening, according to her statement. The pair went back to her flat in Enkoping, near Stockholm. Miss W told police that though they started to have sex, Assange had not wanted to wear a condom, and she had moved away because she had not wanted unprotected sex. Assange had then lost interest, she said, and fallen asleep. However, during the night, they had both woken up and had sex at least once when "he agreed unwillingly to use a condom".
Early the next morning, Miss W told police, she had gone to buy breakfast before getting back into bed and falling asleep beside Assange. She had awoken to find him having sex with her, she said, but when she asked whether he was wearing a condom he said no. "According to her statement, she said: 'You better not have HIV' and he answered: 'Of course not,' " but "she couldn't be bothered to tell him one more time because she had been going on about the condom all night. She had never had unprotected sex before."
SNIP
Police spoke to Miss W's ex-boyfriend, who told them that in two and a half years they had never had sex without a condom because it was "unthinkable" for her.