Hypothetical : Question About Sexual Consent and Rape

[jooon]

there are two people. a man and a porn actress. man contacts her to make a hardcore porn which includes ejaculating inside, stroke, deep throat etc. man tells her that she will be paid very well (4 times per scene than her normal earning, makes payment before recording) they aggree that the camera will be open all the time and when its all done recording will be stop. lastly all these taken place in a very isolated place where closest near place is far away and there will be only 2 of them. after its all done, camera stops as mentioned before but the man decides to rape her just after 5 second he stop recording. if this woman takes it to a court to make sexual assault claim, how it can be resulted?

 

[Zigner]

1) US law only.
2) We don't "do" hypotheticals.

 

[quincy]

there are two people. a man and a porn actress. man contacts her to make a hardcore porn which includes ejaculating inside, stroke, deep throat etc. man tells her that she will be paid very well (4 times per scene than her normal earning, makes payment before recording) they aggree that the camera will be open all the time and when its all done recording will be stop. lastly all these taken place in a very isolated place where closest near place is far away and there will be only 2 of them. after its all done, camera stops as mentioned before but the man decides to rape her just after 5 second he stop recording. if this woman takes it to a court to make sexual assault claim, how it can be resulted?

What is the name of your state - and who are you in all of this?

 

[not2cleverRed]

No means no.

 

[Taxing Matters]

if this woman takes it to a court to make sexual assault claim, how it can be resulted?

You specifically said that he raped her after the recording was done. In the U.S. the term rape specifically refers to a criminal act. So if he committed that crime he could be prosecuted for that act and convicted for it if a jury believes him guilty beyond a reasonable doubt. Whether a jury would find him guilty beyond a reasonable doubt depends on all the evidence presented. Under the circumstances you described it would not be an easy case for the state to make.

 

[jooon]

its teorotical. i am not living in us. the question title includes "hypothetical".

 

[Zigner]

You specifically said that he raped her after the recording was done. In the U.S. the term rape specifically refers to a criminal act. So if he committed that crime he could be prosecuted for that act and convicted for it if a jury believes him guilty beyond a reasonable doubt. Whether a jury would find him guilty beyond a reasonable doubt depends on all the evidence presented. Under the circumstances you described it would not be an easy case for the state to make.

Since this is a hypothetical, I'm sure that the OP can come up with various scenarios for the evidence...

 

[Zigner]

its teorotical. i am not living in us. the question title includes "hypothetical".

As I said in the very first response: This forum is for US law matters. Also, (generally), we don't do "teoroticals"

 

[quincy]

its teorotical. i am not living in us. the question title includes "hypothetical".

We do not entertain hypothetical questions on this forum and this site is devoted to US law questions.

Sorry.

But see not2cleverRed's post for the answer to your hypothetical even with additional facts you may want to toss in, should you find a forum willing to discuss this.

 

[jooon]

You specifically said that he raped her after the recording was done. In the U.S. the term rape specifically refers to a criminal act. So if he committed that crime he could be prosecuted for that act and convicted for it if a jury believes him guilty beyond a reasonable doubt. Whether a jury would find him guilty beyond a reasonable doubt depends on all the evidence presented. Under the circumstances you described it would not be an easy case for the state to make.

thanks. i am thinking this way actually but when i am trying to look it with a judge’s eyes, it can be rape (which it is) but man will automatically say that she was doing all the things on the video and was consent about it until just before 5 seconds earlier. after watching the video a judge can say she is doing a false claim to get more money from this man who is already pays her above the standart. also in video they doing so much hardcore but the man only rapes her by be on top on her and pump which makes the sutiation harder to conclude after medical examination. so this makes me wonder actually how can precedure goes in a situation like this and what would the final sentence?

 

[Zigner]

In some countries, they cut off the offending appendage.

 

[jooon]

We do not entertain hypothetical questions on this forum and this site is devoted to US law questions.

Sorry.

But see not2cleverRed's post for the answer to any facts you may want to toss in to your hypothetical should you find a forum willing to discuss it.

i was actually more frightened than to expect being entertained. when you think it is a hard one to make a decission even though the crime. i just wanted to learn what is the proffesion approach to an example like this. thanks anyway.

 

[quincy]

i was actually more frightened than to expect being entertained. when you think it is a hard one to make a decission even though the crime. i just wanted to learn what is the proffesion approach to an example like this. thanks anyway.

I am sure you can find a forum willing to discuss hypothetical questions. This isn't it. Sorry.

 

[Zigner]

i was actually more frightened than to expect being entertained.

You misunderstood. Quincy was saying that we don't do hypotheticals. Sound familiar?

when you think it is a hard one to make a decission even though the crime. i just wanted to learn what is the proffesion approach to an example like this. thanks anyway.

This doesn't make sense.

 

[Taxing Matters]

thanks. i am thinking this way actually but when i am trying to look it with a judge’s eyes, it can be rape (which it is) but man will automatically say that she was doing all the things on the video and was consent about it until just before 5 seconds earlier. after watching the video a judge can say she is doing a false claim to get more money from this man who is already pays her above the standart. also in video they doing so much hardcore but the man only rapes her by be on top on her and pump which makes the sutiation harder to conclude after medical examination. so this makes me wonder actually how can precedure goes in a situation like this and what would the final sentence?

How this goes depends greatly on the laws of the country (or in the U.S. the state) in which the crime occurred. In the U.S. it is not the judge who decides guilt, is a jury of citizens, usually 12 people for a felony. What the sentence would be if convicted depends on the exact crime charged and the laws of the country/state in which the case is tried.