"THE BRITISH HAVE GONE MAD AGAIN"
(PERMISSION TO HAVE SEX IS NOT PERMISSION TO EJACULATEđłđłđłđłđłđłđł!)
A woman who agreed to sex might still be a victim of rape, the High Court has ruled. The most senior judge in England and Wales and two other judges said there was consensual penetration, but the man behaved aggressively and ignored the womanâs demand that he should not ejaculate.
The woman had challenged a decision not to prosecute the man for rape and sexual assault.
The judges have ordered prosecutors to review their decision. Prosecutors had decided not to charge him as it would be âimpossible to proveâ that the manâs decision was not âspontaneousâ and âmade at the point of ejaculationâ.
Handing down a written ruling, the three judges said the man had been controlling and aggressive during sex. On the specific incident in question the woman consented on the clear understanding that the man would not ejaculate within her vagina.
The ruling said: âShe believed that he intended and agreed to withdraw before ejaculation. He knew and understood that this was the only basis on which she was prepared to have sexual intercourse with him.
âIn short, there is evidence that he deliberately ignored the basis of her consent to penetration as a manifestation of his control over her.â
Shortly after penetration â and without giving the woman âany chance to objectâ â the man had said he would be âcoming inside herâ and had added âIâll do it if I wantâ.
Judges were told that the man had âejaculated before she could say or do anything about itâ, and she had become pregnant. Lead Judge, Lord Chief Justice of England and Wales, Mr Justice Fulford and Mr Justice Sweeney at a High Court hearing in London, added: âShe was deprived of choice relating to the crucial feature on which her original consent to sexual intercourse was based.
âAccordingly her consent was negated. Contrary to her wishes, and knowing that she would not have consented, and did not consent to penetration or the continuation of penetration if she had any inkling of his intention, he deliberately ejaculated within her vagina.
âIn law, this combination of circumstances falls within the statutory definition of rape.â
No comments:
Post a Comment