Edit: Okay, since everyone seems to be misunderstanding the point of this post, here's what I meant. I don't care about the show/comic themselves, just about the issue in the law they raise. I wanted to discuss the law itself, and whether rape by fraud should really be delineated based on whether the reason the woman (or man) is having sex is "good" in the eyes of the law. That's it. Nothing else. I don't care that it's just entertainment. Focus on the law, and use the shows as possible (and entirely hypothetical) examples of what would count as rape under this standard.
I know, that's a pretty scandalous, and inflammatory, thread title. It's also, surprisingly, accurate. First, here's the situation.
At the end of the episode "As Fast As She Can" (Season 4 Episode 23) Barney describes his latest scheme to sleep with a woman:
"I'm going to an amnesia ward with a bunch of photos of my 'children' and a wedding ring. I'm going to find the hottest patient/my wife, and we're going to-" at which point he's interrupted.
"What's the issue?" I hear you asking. "Barney Stinson is known for using deception as a strategy for sleeping with women. He's claimed to be an astronaut, claimed to have lots of money, to be a war hero, what does it matter that he claims to be a woman's husband, the father of her children?"
Well, the issue, dear reader, is that none of those other deceptions are rape. Deceiving a woman into believing you're her husband is. The law draws a rather nuanced line between what counts as "rape" when a woman is being deceived, and it largely depends on the motivation behind the sex.
Basically, the law views sleeping with ones husband or boyfriend as a "good motive" for sexual activity, and thus protects it from possible exploitation. The law views sleeping with someone because he's an astronaut (or she's wearing a push-up bra) as "bad motive", and thus doesn't protect it. The law actually determines that some sex is worthwhile, and other sex isn't.
A similar thing happened in the Spiderman comic books. A super-villain changed his physical appearances (through his powers) to appear to be Peter Parker and slept with his roommate. This, too, is rape. If the woman is consenting for what the law considers a good reason (a pre-existing relationship, love, ect.) it's protected from deceit. If the woman is consenting for what the law considers a bad reason (money, power, physical looks, ect), you can lie as much as you like to get a woman in bed and it's not rape.
I thought this was interesting, and wanted to see if I could spark some discussion on the issue. Please no flaming about either "evil men who lie" or "stupid women who sleep around just 'cause someone claims to be a cop". So, here's the question:
Is the law right?
Edit: Also, mods, please don't take down this thread just because it's controversial. I'm not meaning to defend or attack the show/comic themselves, they just raise an interesting point about the law.
I know, that's a pretty scandalous, and inflammatory, thread title. It's also, surprisingly, accurate. First, here's the situation.
At the end of the episode "As Fast As She Can" (Season 4 Episode 23) Barney describes his latest scheme to sleep with a woman:
"I'm going to an amnesia ward with a bunch of photos of my 'children' and a wedding ring. I'm going to find the hottest patient/my wife, and we're going to-" at which point he's interrupted.
"What's the issue?" I hear you asking. "Barney Stinson is known for using deception as a strategy for sleeping with women. He's claimed to be an astronaut, claimed to have lots of money, to be a war hero, what does it matter that he claims to be a woman's husband, the father of her children?"
Well, the issue, dear reader, is that none of those other deceptions are rape. Deceiving a woman into believing you're her husband is. The law draws a rather nuanced line between what counts as "rape" when a woman is being deceived, and it largely depends on the motivation behind the sex.
Basically, the law views sleeping with ones husband or boyfriend as a "good motive" for sexual activity, and thus protects it from possible exploitation. The law views sleeping with someone because he's an astronaut (or she's wearing a push-up bra) as "bad motive", and thus doesn't protect it. The law actually determines that some sex is worthwhile, and other sex isn't.
A similar thing happened in the Spiderman comic books. A super-villain changed his physical appearances (through his powers) to appear to be Peter Parker and slept with his roommate. This, too, is rape. If the woman is consenting for what the law considers a good reason (a pre-existing relationship, love, ect.) it's protected from deceit. If the woman is consenting for what the law considers a bad reason (money, power, physical looks, ect), you can lie as much as you like to get a woman in bed and it's not rape.
I thought this was interesting, and wanted to see if I could spark some discussion on the issue. Please no flaming about either "evil men who lie" or "stupid women who sleep around just 'cause someone claims to be a cop". So, here's the question:
Is the law right?
Edit: Also, mods, please don't take down this thread just because it's controversial. I'm not meaning to defend or attack the show/comic themselves, they just raise an interesting point about the law.
