A good argument

[wendigo]

doesnt happen often huh?

Ah sure, have me moments...

[Karma]

I don't believe you can validly contract to do harm [unless you join the Armed Forces, of course]?

Well then that depends on your idea of doing harm... they didn't think they were, and were under the impression that she was loving it.

Husband should have got hit the worst, and other two blokes should have got charges for prostitution at worst.

[Winston001]

Interesting question. There are two elements to a crime:

1 Actus Reas - the criminal act ie. the rap in this case

2 Mens Rea - the guilty mind = intent.

Now in this case the two men thought they were dealing with a consenting adult. She'd put up a bit of a fight but really she was participating. So, their intent, their mens rea, was to have sexual intercourse with a consenting partner. No offence there because they don't have the criminal intent. Just a bit of slap and tickle.

However - the law requires them to do what the ordinary person would do in the same circumstances. They are required to assess whether the resistance given by the victim is "play" or genuine distress.

Obviously in this case the jury decided that they should have realised that she was objecting.

As for the husband - sounds like a clear case of conspiracy to commit a criminal act, or being an accessory. Strangely, the other guys lack of mens rea helps him. He couldn't conspire because that requires 2 or more people with a common criminal purpose. If the other guys thought it wasn't a crime = no conspiracy - even though a crime occurred. Same argument with accessory.

[Paul in NZ]

Weeeellllll...

The 2 mates should be prosecuted for shocking judgement(I know thats not technically a crime) and poor taste.. I mean come on, I got this from a fella inna pub? Gawd! That defense does not work for recieving stolen goods and it cannot work with this surely?

The husband, should this be proved to be as written should done fully (and locked up with the 2 ex mates he has just tricked into a crime). I suppose if you hire a hitman to murder someone it's still murder right? Well conning two thick beggers to rape someone is the same as actually doing it yourself.

All 3 should be terminated for gross stupidity and their blood relatives tracked down and exterminated.

[Pixie]

I've got a friend,she works in the Beehive,she really wants to commit suicide,but can't bring herself to do it and would prefer to be "assisted" by someone who would do it when see wasn't aware of it.
Any takers?
There's $5 in it.

[onearmedbandit]

In my earlier post I agreed with most here, rape convictions for the two men and serious consequences for the husband.

But what if it was genuine, she had asked her husband to set it all up then cried rape? No jury would doubt her claims, and she gets her revenge on her husband and his mates for a dirty weekend away in Amsterdam that she heard about.

[Paul in NZ]

I've got a friend,she works in the Beehive,she really wants to commit suicide,but can't bring herself to do it and would prefer to be "assisted" by someone who would do it when see wasn't aware of it.
Any takers?
There's $5 in it.

Only works if you say it in a pub...

[Paul in NZ]

In my earlier post I agreed with most here, rape convictions for the two men and serious consequences for the husband.

But what if it was genuine, she had asked her husband to set it all up then cried rape? No jury would doubt her claims, and she gets her revenge on her husband and his mates for a dirty weekend away in Amsterdam that she heard about.

Good point!! Hadn't quite thought of it that way, trusting soul that I am...

I suppose by taking that line of thought to it's logical conclusion, you would need to be a bit careful if your partner ever desired something a little unusually involving (say) riding crops, or hair brushes or.... snork

Sorry -

But in the highly unlikely event you ever did meet a woman that wanted the tar thrashed out of them it might just kill the moment getting your lawyer to come up with a waiver to sign....

Personally, I'm going to hire myself out as a toyboy and complain about being abused by wimmin...