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Comment by ceejayoz | Hacker News Reader

https://www.rollingstone.com/culture/culture-news/julian-ass...

> Assange, who was aware that it was the expressed wish of the injured party and a prerequisite of sexual intercourse that a condom be used, consummated unprotected sexual intercourse with her without her knowledge.

> Assange deliberately consummated sexual intercourse with her by improperly exploiting that she, due to sleep, was in a helpless state. It is an aggravating circumstance that Assange, who was aware that it was the expressed wish of the injured party and a prerequisite of sexual intercourse that a condom be used, still consummated unprotected sexual intercourse with her. The sexual act was designed to violate the injured party’s sexual integrity.

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These are just the original accusations, this is not a summary of established facts.

The parent comment gave a somewhat inaccurate picture of the allegations, hence my linking them.

That's literally rape. If you consent to a sex act, that doesn't mean you consent to any sex act. If you "switch holes", or "lose the condom" or simply don't put one on at all, without consent, that's a non-consensual sex act and thus rape.

If you lose the condom it doesn't make it rape. It makes you a loser who will probably be a social outcast.

If you agreed before to kiss for 10 minutes but stop after 5 it doesn't make it rape either.

If the person asks you to stop and you refuse that's rape.

If she finishes first and asks you to stop and you continue that is rape.

But you don't need to have a detailed conversation agreeing to everything beforehand. If you try something and the other person doesn't stop the action it is not rape.

You could both agree not to do something beforehand and end up doing that act and it wouldn't make it rape unless one party refused that action during the attempt.

If you agree to "we can have sex if you wear a condom" and then secretly take off the condom, that's rape. The sex being had was not consensual.

If you take that point of view and use a different example it sounds foolish.

If we agree to have sex while she has a blindfold on but only if I wear a clown mask. If I take off the mask before sex and she watches the tape later she cannot claim rape.

Or do you think that's rape as well?

1. I think it's extraordinarily disingenuous to compare protected vs. unprotected sex to whether or not one has a mask on. The consequences of unprotected sex - pregnancy, STDs, etc. - are potentially deadly.

2. Yes, your example describes non-consensual sex, i.e. rape.

Your political belief on the importance protected sex shouldn't be part of what defines rape as a term.

If someone has aids doesn't tell the partner and they die they could be charged with murder or assault. But never rape.

If you think pointn 2 is rape then a husband promising to take out the trash if sex is performed and him not doing later makes it rape. Fraud perhaps.. you are missing the violence that rape puts the victim through.

Rape doesn't need to be violent to be rape.

There was also some chatter about the woman being a former CIA operative. The whole thing has smelled so bad right from the start.

There's chatter that the Queen of England is a lizard shapeshifter. The claims that one accuser was a CIA operative appear very, very thin.

https://www.theguardian.com/media/2010/dec/07/rape-claims-ju...

> What has most engaged the conspiracy theorists and Assange's more excitable defenders, however, are a few key incidents in Miss A career, in particular that she is said to have worked in the Swedish embassy in the US, and wrote her university thesis in 2007 on a vision of Cuba after the death of Castro.

In may she was quoted as saying "she wanted to reopen the case at any cost" and "get justice". I guess she's cool with it now? /s

Victims and prosecutors disagree on the path forwards regularly.

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