Is this rape? [W:111]

[maquiscat]

In this hypothetical no actual intercourse takes place nor is there any sexual activity of any kind. Please feel free to come up with other methods how this might happen. Also there is no question here as to whether the woman was violated or otherwise harmed. That's a given. Answer the question given.

A woman is on the surgery table and during the procedure the doctor (could be male or female) uses a hypodermic to inject live sperm straight into the woman's womb. Is the woman a victim of rape?

 

[MaggieD]

Re: Is this rape?

In this hypothetical no actual intercourse takes place nor is there any sexual activity of any kind. Please feel free to come up with other methods how this might happen. Also there is no question here as to whether the woman was violated or otherwise harmed. That's a given. Answer the question given.

A woman is on the surgery table and during the procedure the doctor (could be male or female) uses a hypodermic to inject live sperm straight into the woman's womb. Is the woman a victim of rape?

Yes. (And maybe other things...)

“The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” The definition is used by the FBI to collect information from local law enforcement agencies about reported rapes.

USDOJ: Attorney General Eric Holder Announces Revisions to the Uniform Crime Report’s Definition of Rape

 

[Gipper]

Re: Is this rape?

By definition, yes. Maggie got it.

 

[AGENT J]

Re: Is this rape?

In this hypothetical no actual intercourse takes place nor is there any sexual activity of any kind. Please feel free to come up with other methods how this might happen. Also there is no question here as to whether the woman was violated or otherwise harmed. That's a given. Answer the question given.

A woman is on the surgery table and during the procedure the doctor (could be male or female) uses a hypodermic to inject live sperm straight into the woman's womb. Is the woman a victim of rape?

her vigina was penetrated without her consent
thats rape IMO and a legal case could easily be made as well

 

[Beaudreaux]

Re: Is this rape?

In this hypothetical no actual intercourse takes place nor is there any sexual activity of any kind. Please feel free to come up with other methods how this might happen. Also there is no question here as to whether the woman was violated or otherwise harmed. That's a given. Answer the question given.

A woman is on the surgery table and during the procedure the doctor (could be male or female) uses a hypodermic to inject live sperm straight into the woman's womb. Is the woman a victim of rape?

I don't think so but it depends on the route taken. Although her body was violated and the doctor or whomever did this, is potentially guilty of assault, malpractice and maybe even other crimes that I can't think of right now. But, not rape if they inserted the needle through the abdomen into the uterus, but potentially would be guilty of rape if they inserted the syringe through the vaginal opening directly through the cervix into the uterus.

BTW, a very thought provoking scenario.

 

[Beaudreaux]

Re: Is this rape?

her vigina was penetrated without her consent
thats rape IMO and a legal case could easily be made as well

The vagina was not mentioned on the scenario.

 

[maquiscat]

Re: Is this rape?

Yes. (And maybe other things...)

“The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” The definition is used by the FBI to collect information from local law enforcement agencies about reported rapes.

USDOJ: Attorney General Eric Holder Announces Revisions to the Uniform Crime Report’s Definition of Rape

But both were bypassed by injecting the sperm directly into the womb. A needle is not considered a sex organ by any person or law that I am aware of. A sex toy to some BDSM people maybe, but not a sex organ.

 

[maquiscat]

Re: Is this rape?

I don't think so but it depends on the route taken. Although her body was violated and the doctor or whomever did this, is potentially guilty of assault, malpractice and maybe even other crimes that I can't think of right now. But, not rape if they inserted the needle through the abdomen into the uterus, but potentially would be guilty of rape if they inserted the syringe through the vaginal opening directly through the cervix into the uterus.

BTW, a very thought provoking scenario.

Thank you. Every so often I get these thoughts from so far out of left field that I think they come from another ball park altogether.

 

[Spartacus FPV]

Re: Is this rape?

Its forced insemination, but I don't see how that's rape.

Rape to me is forced & verbally unwanted intercourse.

 

[AGENT J]

Re: Is this rape?

The vagina was not mentioned on the scenario.

where did the needle go?
regardless the womb is part of her sexual organs (genitalia) and its rape.

 

[AGENT J]

Re: Is this rape?

But both were bypassed by injecting the sperm directly into the womb. A needle is not considered a sex organ by any person or law that I am aware of. A sex toy to some BDSM people maybe, but not a sex organ.

per law and cases the violation doesn't have to be a sex organ to be rape, nor does there have to be "intercorse"

 

[maquiscat]

Re: Is this rape?

where did the needle go?
regardless the womb is part of her sexual organs (genitalia) and its rape.

Through the abdomen as he(?) so astutly picked up. Is the womb a sexual organ or is it only a reporductive organ? Maggie's legal definition did not include sexual organs, only vagina or anus or the insertion of a sexual organ into the victim's mouth

 

[AGENT J]

Re: Is this rape?

1.)Through the abdomen as he(?) so astutly picked up.
2.) Is the womb a sexual organ or is it only a reproductive organ?
3.) Maggie's legal definition did not include sexual organs, only vagina or anus or the insertion of a sexual organ into the victim's mouth

1.) doesnt change it
2.) yes per science its part of the gential/sex organs
3.) i didnt read maggies i simply no the law says "Rape is the illegal conduct of unlawful sexual intercourse or unlawful sexual intrusion"

placing sperm into the womb without consent definitely seems like sexual intrusion to me :shrug:
I think the case could easily be made and won.

 

[Beaudreaux]

Re: Is this rape?

where did the needle go?
regardless the womb is part of her sexual organs (genitalia) and its rape.

The vagina is just one part. The womb is not a sex organ and is not part of the genitalia, any more than the blood vessels that supply blood to the clitoris, labia or vagina to enhance sexual arousal.

Just sayin'. From a medical and legal standpoint.

 

[the_recruit]

Re: Is this rape?

A woman is on the surgery table and during the procedure the doctor (could be male or female) uses a hypodermic to inject live sperm straight into the woman's womb.

 

[AGENT J]

Re: Is this rape?

1.)The vagina is just one part.
2.)The womb is not a sex organ and is not part of the genitalia, any more than the blood vessels that supply blood to the clitoris, labia or vagina to enhance sexual arousal.

3.)Just sayin'. From a medical and legal standpoint.

1.) correct one part of the gential
2.) sorry this is false, it is indeed a sex organ/gential per science
3.) and you would be mistaken per legal and medical standpoint.
the uterus/womb is infact a sex organ per mecial and science standards

Female Reproductive System: Organs, Function, and More
Sex organ - Simple English Wikipedia, the free encyclopedia
Uterus - Wikipedia, the free encyclopedia

 

[maquiscat]

Re: Is this rape?

1.) doesnt change it
2.) yes per science its part of the gential/sex organs
3.) i didnt read maggies i simply no the law says "Rape is the illegal conduct of unlawful sexual intercourse or unlawful sexual intrusion"

placing sperm into the womb without consent definitely seems like sexual intrusion to me :shrug:
I think the case could easily be made and won.

2) science and the law don't always agree.

3)I did note that the woman was straight up violated (not necessarily sexually). The question isn't whether or not she was wronged. It's whether or not she was raped.

 

[Beaudreaux]

Re: Is this rape?

1.) correct one part of the gential
2.) sorry this is false, it is indeed a sex organ/gential per science
3.) and you would be mistaken per legal and medical standpoint.
the uterus/womb is infact a sex organ per mecial and science standards

Female Reproductive System: Organs, Function, and More
Sex organ - Simple English Wikipedia, the free encyclopedia
Uterus - Wikipedia, the free encyclopedia

Well AJ, it seems we have found our first item that we disagree on. Not a bad record, but it was bound to not last forever.

 

[AGENT J]

Re: Is this rape?

1.) science and the law don't always agree.
2.)I did note that the woman was straight up violated (not necessarily sexually).
3.)The question isn't whether or not she was wronged. It's whether or not she was raped.

1.) this is 100% true but i dont see a disagreement here? what do you think it is or lawyers of the defendant would try and claim
2.) I dont see how you get around the sexual part, even if its dropped from rape it would be sexual assault also easily defendable by law. Again what do you think the defendants lawyers case would be to say this was no rape or sexual assault per the definitions of rape and sexual assault, the former which i provided.
3.) I understand and i agree

and IMO she was raped using legal and medical definitions and i think that is easily held up in court. I could be wrong but i dont see it, thats why im asking what you think the defendants best case would be

minimum i see no way for the person to avoid sexual assault.

rape legal definition of rape. rape synonyms by the Free Online Law Dictionary.
10 U.S. Code § 920 - Art. 120. Rape and sexual assault generally | LII / Legal Information Institute

 

[The German]

Re: Is this rape?

??????

What goes on in your head to think up such scenarios?

Are you planning on something?

 

[AGENT J]

Re: Is this rape?

Well AJ, it seems we have found our first item that we disagree on. Not a bad record, but it was bound to not last forever.

LOL
well nobody has to agree all the time, heck some of my favorite posters here do not agree with me on many issues, im not sensitive like that and i guessing you are not either, we're cool :mrgreen:

but also its not me you are disagreeing with, the uterus is a sex organ. i say that because thats what the medical community says.
Is there a legal list of sex organs that negates the medical/science community? because that would take precedence in a legal case.
My "opinion" wouldnt change I would think the law would be stupid for not matching in this case but that would changes things legally no doubt.

 

[PirateMk1]

Re: Is this rape?

1.) doesnt change it
2.) yes per science its part of the gential/sex organs
3.) i didnt read maggies i simply no the law says "Rape is the illegal conduct of unlawful sexual intercourse or unlawful sexual intrusion"

placing sperm into the womb without consent definitely seems like sexual intrusion to me :shrug:
I think the case could easily be made and won.

If I was on a jury I would vote no its not rape. Its a lot of other things but rape is one thing its not. This is NOT an intrusion of a sexual nature its an intrusion of a medical nature. Its medical mal practice, its battery, its a bunch of other stuff but rape it is not.

Here's a scenario far fetched though it be. Medical practitioner is in a rush is has to artificially inseminate a woman and then go give a injection to another patient for some other reason. Practitioners new and harried and mixes up the injections. I think most people don't qualify that as rape. Medical accident, mal practice even but rape not so much. You cant accidently rape somebody. There has to be a conscious decision made there whether or not malice is involved. Rape is sexual in nature, needles are not sexual in nature they are medical. That's not a physical rape that was described. Not even close. The doctor Mengele, Hannibal the cannibal, and alien abduction, stuff though for sure. More a akin to a stabbing incident or shooting or thereabouts.

 

[maquiscat]

Re: Is this rape?

1.) this is 100% true but i dont see i disagreement here? what do you think it is or lawyers of the defendant would try and claim
2.) I dont see how you get around the sexual part, even if its dropped from rape it would be sexual assault also easily defendable by law. Again what do you think the defendants lawyers case would be to say this was no rape or sexual assault per the definitions of rape and sexual assault, the former which i provided.
3.) I understand and i agree

and IMO she was raped using legal and medical definitions and i think that is easily held up in court. I could be wrong but i dont see it, thats why im asking what you think the defendants best case would be

minimum i see no way for the person to avoid sexual assault.

rape legal definition of rape. rape synonyms by the Free Online Law Dictionary.
10 U.S. Code § 920 - Art. 120. Rape and sexual assault generally | LII / Legal Information Institute

I could see the lawyer get the charges to be simple assault, or whatever, just not a charge with "sexual" in it. I saw nothing in that linked items that would indicate that a prgenancy that bypasses the genitilia would be considered sexual anything.

g) Definitions.— In this section:
(1) Sexual act.— The term “sexual act” means—
(A) contact between the penis and the vulva or anus or mouth, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; or
(B) the penetration, however slight, of the vulva or anus or mouth, of another by any part of the body or by any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.
(2) Sexual contact.— The term “sexual contact” means—
(A) touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person; or
(B) any touching, or causing another person to touch, either directly or through the clothing, any body part of any person, if done with an intent to arouse or gratify the sexual desire of any person.

 

[Rainman05]

Re: Is this rape?

In this hypothetical no actual intercourse takes place nor is there any sexual activity of any kind. Please feel free to come up with other methods how this might happen. Also there is no question here as to whether the woman was violated or otherwise harmed. That's a given. Answer the question given.

A woman is on the surgery table and during the procedure the doctor (could be male or female) uses a hypodermic to inject live sperm straight into the woman's womb. Is the woman a victim of rape?

Who are you planning to do awful things to? First you're makign a thread about murder... are you trying to find a way to rationalize it?
And now this...

Awfully disturbing.

 

[Rainman05]

Re: Is this rape?

Also, on topic: Yes it is rape but it is not sexual assault.