| Rath said: Consent is retroactive in other crimes. If your mate took your PSP, rang you up and said "I took your PSP" and you said "Thats all good mate", that's not theft. It's due to the fact that she gave consent during sex, not after (which I agree wouldn't count), that I find it hard to be classified as rape. |
Actually it is. Rulings general show that retroactive approval does not clear someone of a crime. If for example your friend took your PSP, you called the police, and then your friend called you and said "I took your PSP". He isn't actually cleared of any charges... the police can still charge him and find him guilty of stealing your PSP. They just probably won't unless they feel PSP theft is particularly rampant. This is why sometimes the state can still prosecute people successfully for spousal abuse for example, even when the abused spouse doesn't want to cooperate. (Though it's obviously hard since the person usually doesn't want the other person to go to jail.) Note how such people lie and say "It didn't happen" instead of "He did it, but I now give him consnet for having done it, therefore... no crime."
There is no actual proof of this being the case, and in fact the rape charge specifically talks about using his body to hold someone down against their will during sex. Which would seem to apply a lack of consent.
Though hypothetically speaking say your main objection to not using a condom is STDs. You've woken up with someone having sex with you with no protection. No matter what you do at this point it's not going to change the fact that you've been possible exposed to STDs. As an self described hedonist (if i remember right) I think you could agree with the thought of "I may as well get something out of this."
