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

[reorg]

238. there is no such legal category as "unprotected sex"

Rape paragraphs refer to activities guided by sexual desire and resulting in more or less specified body contact. They do not mention condoms and don't make requirements with regard to health protection.

Neither is a sexual encounter seen as a civil contract. There is no requirement nor the right to insist on a list of "conditions" which have to be met so as not to invalidate consent. If a consensual encounter develops into something one party does not want, they can communicate and resolve the issue or stop with the encounter. Sometimes, the people involved are not acting completely rational, sometimes they don't exactly know what they are doing, so there must be some leeway in all directions. It is, after all, still a spontaneous thing.

You make it out as if all sexual encounters equal an act of prostitution. There you agree on a particular act, pay for it, and when you want something else, the conditions have to be renegotiated before the exchange. You may find this appropriate, I find it demeaning. To each his own, I guess, but rape paragraphs don't define sex as an exchange of goods.

Regardless, the woman in question did not stop once she noticed the lack of a condom. She actually never complained that sex was initiated, her only concern was the possible transmission of STD. So her consent can be seen as a given, only the lack of "protection" gave her a headache. That is sad, but to bring accusations of rape into this is preposterous.

Under normal circumstances nobody would do this. As evidenced by the fact that nobody can show a similar case that has led to rape charges being brought, let alone a conviction, anywhere in the world.