Gotta Admit... I'm Pretty Baffled By The Split And Depth Of Feeling Re:The Assange/WikiLeaks Story

[leveymg]

235. You have to look at all sides. The law protects both parties.

If the legal definition of rape were extended so that it covers all acts of sex where there was no expressed consent given for each and every intimate act in the course of consensual sex then we would all be in jail.

The boundaries of the Rape definition cannot be so broad that it captures consensual acts. The circumstances of the act are extremely important to determining the legal element of lack of consent. The acts of two unclothed adults in bed who have already consummated consenting intercourse are presumed to be consenting. More generally, the burden in any criminal prosecution is on the accuser - in this case, there isn't even the allegation of forcible rape or the use or threat of force or violence.

Looked at as a purely legal matter where criminal intent has to be proven, a rape charge is not a sound charge to prosecute this case.

There may be a good case for civil breach of promise, but that is for the individual to pursue.