Toronto Passions

Question: Should It Be Considered Rape If A Trans Person Doesn't Tell You...

fuji

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Jan 31, 2005
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You guys are so funny. So many ridiculous ideas.
I even challenged previous poster to find a case yet instead I get more valuable opinions heh.

In your example what law do you think has been broken? You do realize under Canadian law positive consent is not required either (eg a legal defence is "I thought she wanted it" so long as she is sober & of age)
"I thought she wanted it" likely fails if she has told you that she doesn't consents to sex except with potential husbands and you have lied in order to fool her into thinking you are one. In that case you have been told she doesn't consent.
 

oldjones

CanBarelyRe Member
Aug 18, 2001
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Your life is definitely more diverse than mine. If I had a hot date that I brought back to my place only to be greeted by a hard - on .... that might be the worst experience of the day, week .. possibly even the month.

I don't consider myself homophobic, I don't feel threatened or give a rat's ass about a gay/transexual lifestyle but to deceive me and insert yourself into my sex life through false advertising is a calculated self-serving move that is going to get a hostile reaction. I won't kill anyone but I'm not going to giggle about the situation over a glass of wine.

Manslaughter -yes- but the sentence would be similar to someone killing . It is emotionally charged circumstances that you did not put yourself in to.
Unless you're a high court judge, you have no business predicting and can only have meant 'should', not 'would'.

And unless you're an impressionable infant, we'd have to hope the no real court would consider getting your paid-for BJ from a guy instead of a girl would be remotely similar to an adult male forcing sex on a child. Nor would any court worthy of respect excuse you appointing yourself judge jury and executioner of any guy you declared "…a child molester that you found with your young daughter".

Guys who act like you talk are why we make laws and have courts.
 

TeeJay

Well-known member
Jun 20, 2011
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The entire world is not Canada. The case cited is not Canadian. Further, that was not Twizz's question.

I see no reason to waste my time finding you cases when you have already blown off my advice. Further Canada Man already cited a case for you.
Of course no time to spare when you realize you are wrong eh?
The post you decided to reply to (#4 then #5) you very clearly said that I (as a Canadian) could get in trouble if I lied to a women to get her in the sack
I then asked what law you think has been broken (again in Canada, but by all means I expand the challenge and will let you post a Thai law if you prefer since that is what twizz was asking about)

Or are you suddenly too busy to respond to this thread now? :)
 

fuji

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You have to have an "honest belief" that your partner has consented. If you know that consent was obtained by fraud, good luck with that. These cases are rare enough that the test cases are mostly international, but the Canadian criminal code definition of consent is similar to that of nations that have prosecuted fraudulent consent cases.

Let me throw it back to you: show me a case where consent obtained through fraud was considered acceptable to a Canadian court.
 

Titalian

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Nov 27, 2012
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Pemberton was in the Philippines in 2014 for joint military exercises. According to testimony at the trial, he met Laude at a nightclub and went back with her to his hotel. At trial, the prosecutors presented video footage that shows the two entering a room together and Pemberton exiting alone a few later.

Laude was found in the hotel room hours later with a broken neck. Pemberton admitted in court to choking — but not killing — Laude. He claimed he acted in self-defense after discovering that the person who was giving him oral sex was transgender.
There are many ways to approach a situation such as this,. One is to laugh it off and ask her or him to leave, the other is to be so insecure with ones self to the point of killing the other person. Really?
He got everything he deserves.
 

wigglee

Well-known member
Oct 13, 2010
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What a ridiculous premise! If I hire a call girl and it
turns out she has bolt ons, can I charge her with rape?
 

Titalian

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What a ridiculous premise! If I hire a call girl and it
turns out she has bolt ons, can I charge her with rape?
There's many on here that would, if they could.
 

d_jedi

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Sep 5, 2005
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Short answer: no.
However, I think if you ask someone point blank about this, making it very clear that you would not consent to anything sexual if they were trans, and they lie to you.. then I think there's a reasonable case to claim rape/sexual assault.

That said.. this obviously doesn't justify what the marine did. The only presumable way that any sort of physical violence as "self defence" would be justifiable here is to stop the other person from performing a sexual act on you that you don't consent to. IE. If he found out the person was born a man, and told her to stop, say, sucking his dick.. but she continued..
 

destillat

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Aug 29, 2001
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However, I think if you ask someone point blank about this, making it very clear that you would not consent to anything sexual if they were trans, and they lie to you.. then I think there's a reasonable case to claim rape/sexual assault.
So I pick up a girl at a bar and before we get it on she asks "you aren't married, right?", and I lie. How is that any different?
 

fuji

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So I pick up a girl at a bar and before we get it on she asks "you aren't married, right?", and I lie. How is that any different?
It likely isn't different.

It also doesn't entitle her to murder you. Bring a rape charge against you perhaps, but not murder.
 

destillat

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It likely isn't different.

It also doesn't entitle her to murder you. Bring a rape charge against you perhaps, but not murder.
I'd love to see a police force on this continent pursue a rape charge because "honestly baby, I'm not married".
 

bishop

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Nov 26, 2002
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Well Fuji how about this. You go see an SP, your wife asks you where you were and you tell her some lie. Can your wife sue you for rape for all the sex you had with her subsequent that lie?
 

canada-man

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Jun 16, 2007
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canadianmale.wordpress.com
in the U.K trans are using the media to attack and guilt trip straight men for not attracted nor interested in to trans women


 

Aardvark154

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Jan 19, 2006
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I'd love to see a police force on this continent pursue a rape charge because "honestly baby, I'm not married".
However, the winds are certainly starting to blow back the other direction as to the concepts involved in the tort of Breach of Promise.
 

IM469

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Jul 5, 2012
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I'd love to see a police force on this continent pursue a rape charge because "honestly baby, I'm not married".
Years back a girl went after a man who told her he was a movie director so that she would sleep with him. It made it to a judge who threw it out stating that the court system would not be able to handle the number of cases if everyone who embellished their status to appeal to the other sex ended up in court.
 

fuji

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In the UK there is a direct answer to post 1: yes. There was a case of a woman who cross dressed as a man and had sex of some kind with another woman who believed the cross dresser was male. Eventually the truth came out and and the cross dresser was convicted of sexual assault for obtaining consent fraudulently.

UK law being similar to Canadian law, and these cases being extremely rare, that is likely the only precedent we have.
 
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