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JWeinCom on 04 August 2017
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Jumpin said:
JWeinCom said:

That's like saying people have sex with a drugged girl shouldn't be a crime, because people have sex all the time.  Those are obviously not analogous situations.  

Just like telling someone to kill themselves on this forum (by the way if it happens all the time, you may want to check your attitude cause I haven't seen that happen to anyone else) is not analogous to telling someone you have a close relationship with, who has confided in you that they want to kill themself, who is in the process of killing themself to kill themself.

Incorrect. That would be rape. Also, the guy was not drugged, so it is an invalid analogy due to the false equivalency.

A more accurate analogy would be a woman convincing a depressed guy to have sex with her. Would any court consider that a 

Let me try explaining that again.

The point of the analogy is that something that may be harmless can be harmful depending on the extenuating circumstance.  Just because something "happens all the time" doesn't mean it is ok in a particular circumstance.

Telling someone in an offhanded way to kill themself is generally a neutral event.  Maybe mean, but certainly not criminal.  Similarly, having sex is fundamentally a morally and legally neutral event.

But, the details can make it very different.  Details like a person being drugged vastly changes the situation.  And you can't just throw out that detail.

Comparing her actions to someone telling you to kill yourself on this forum is completely ignoring the circumstances of the situation.  Ignoring the fact that she was knowingly talking to a person who has been openly conetmplating suicide and acting as though it's the same as someone telling you to kill yourself on a message board is like ignoring the fact that someone was drugged in the case of a rape trial.  Those details turn an ordinary event into a criminal one.

But, to answer the question, nobody would consider it rape to have sex with a depressed person, because depression tends to curb ones sex drive, and does not make them more likely to have sex.  Depression does however raise your propensity for suicidal thought.  Being drugged makes you more likely to have sex.  Being depressed makes you more likely to kill yourself.  Not the point of the analogy, but it still works on that level.