Posted by: Kiddo July 22, 2010
arab man jailed for lying about his ethnicity and having sex with a woman
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This is a good case to debate on.


On the onset, I’d have labeled the verdict to be racist. However, like in every other legal matter we have to analyze the fundamental law that is being broken. “Obtaining sex by false pretense is a form of rape” argument needs to be analyzed. I won’t consider this to be racism issue no more but merely whether this argument holds or not and my conclusion is that it doesn’t. Rape is a forced act of obtaining sex. Let’s see if we can find a similar example. A guy tells me he can get me a big house for 20K and I trust him and give the money to him. Next day another guy beats me up and robs the 20K I had. Should both of these criminals fall under same category? I guess the difference boils down to white collar crime and blue color crime. In the first instance, I lost money. In the second one I lost money plus I got beaten..there are two crimes done.  Another similarity is a guy using bank card to cheat bank of 1 million dollar and another guy robbing the bank for the same amount. Should both of them get equal punishment?


Maybe, maybe not.


Now if we say the original argument holds true then series of litigations that insues would be uncontrollable. My friend can accuse her husband of raping her because he lied to her that he would love her till death do them apart.


 


If you are with me so far, I am hoping I have confused you as much as I have confused myself. I would rule against this being rape because of the last argument I presented, but the potential result cannot be the basis of a law. So I have to build my case again towards the original argument.


 


Any JD candidates?

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