Dude looks like a lady, and she's going to jail

[Spartan Squad]

Girl meets "dude" on the internet.
"Dude" convinces girl to meet up.
They do the nasty. "Dude" tells girl to keep her eyes closed during sex to not see scars from an apparent brain tumor.
After their 10th time, girl finally opens her eyes only to find "dude" is in fact a chick who has been using a prosthetic dong.

"Dude" is arrested, and later convicted, for sexual assault.

Woman Who Pretended To Be A Man Convicted In Prosthetic Penis Case

The "dude," aka Gayle Newland, claims her lover knew she was not a guy. I don't exactly know what the crime is. It's not like the woman in this case didn't want to have sex, she just didn't like who she was having sex with.

 

[outofplace]

She didn't look until the 10th time? Um, okay.

This is certainly an extreme example, but a hell of a lot of people like about who and what they are to get some. I'm not excusing such behavior, but is it sexual assault if the person lied to gain consent?

 

[93Devil]

That prosthetic **** really brought the room together.

 

[dixiehack]

but is it sexual assault if the person lied to gain consent?

 

[Spartan Squad]

View attachment 267

It made sense when I wrote it, but five minutes later it made less sense.

*edit: I realise he's responding to OPP, but I basically said the same thing

 

[qtlaw]

What didn't anyone watch "The Crying Game"?

 

[outofplace]

View attachment 267

Legally, I can see how it is sexual assault. Morally, I think so as well. If Newland really did what the victim is accusing her of, she's a lowlife and I my instinct is to be happy she is facing consequences.

I guess I'm asking where you draw the line. What about the guy who lies and says he isn't married to gain consent, then it turns out he has a wife and kids at home? What about the woman who claims she is a model, but she's really a waitress whose parents took her pictures a lot when she was a kid? Did they commit sexual assault? They lied to gain consent.

 

[MisterCreosote]

Consent given under false pretenses isn't consent. There are degrees to which the pretenses are false, but the simple fact that they ARE false is the determining factor.

 

[Dick Whitman]

Legally, I can see how it is sexual assault. Morally, I think so as well. If Newland really did what the victim is accusing her of, she's a lowlife and I my instinct is to be happy she is facing consequences.

I guess I'm asking where you draw the line. What about the guy who lies and says he isn't married to gain consent, then it turns out he has a wife and kids at home? What about the woman who claims she is a model, but she's really a waitress whose parents took her pictures a lot when she was a kid? Did they commit sexual assault? They lied to gain consent.

I think if you are lying about the sex act itself, like here, that's clear-cut assault. She consented to a penis, not an object. The act performed was not the act she consented to.

I'm not sure where the line is regarding lying about your identity. I know that at my fraternity, a few years before I got there, someone allegedly had sex with a woman in the dark when she thought he was her boyfriend. That seems clear-cut. Lying about your wealth? It feels more like buyer beware.

 

[MisterCreosote]

When you file your taxes, you're still committing tax fraud whether you lie about three extra dependents or just knock $1,000 off your total income.

 

[outofplace]

I think if you are lying about the sex act itself, like here, that's clear-cut assault. She consented to a penis, not an object. The act performed was not the act she consented to.

I'm not sure where the line is regarding lying about your identity. I know that at my fraternity, a few years before I got there, someone allegedly had sex with a woman in the dark when she thought he was her boyfriend. That seems clear-cut. Lying about your wealth? It feels more like buyer beware.

That's where I question it. I didn't express my point very well the first time around, but I'm not really questioning the assault in this case (assuming the accuser is telling the truth). Posing as somebody else does seem clear cut. So does, as you put it, giving her an object when she consented to a penis.

I'm just wondering how far it could extend. I gave simple examples. People tell some outrageous lies to get laid. I keep coming back to the example of a married man or woman saying he or she is single. Is that assault? Is the victim in a case like that going to see this case and find a lawyer to make the argument?

 

[MisterCreosote]

People tell some outrageous lies to get laid. I keep coming back to the example of a married man or woman saying he or she is single. Is that assault?

In practice, probably not.

In theory, absolutely.

 

[Jake_Taylor]

Semi-serious question: What if Newland claims to identify as a man? Doesn't that this kind of case even murkier?

 

[Dick Whitman]

What about women who wear padded bras?

 

[MisterCreosote]

What about women who wear padded bras?

They get their friends and/or business partners to tell the local newspaper the guy was begging for it.

 

[Dick Whitman]

What about makeup?

 

[MisterCreosote]

Fraud invalidates consent.

In theory. Probably not in practice.

 

[User 11148]

If X gives his/her consent to have sex with Y, I'd be surprised if that consent is presumed to be invalid just because Y claimed to be a double-naught spy when in fact he/she is a WalMart greeter.

 

[Dick Whitman]

If X gives his/her consent to have sex with Y, I'd be surprised if that consent is presumed to be invalid just because Y claimed to be a double-naught spy when in fact he/she is a WalMart greeter.

Women never consent to sex. Haven't you been reading this board?

 

[MisterCreosote]

You're a funnyman.