Any woman can be raped... any time she doesn't consent to the sexual contact - even if she has consented in the past - it's a problem. A prostitute can be raped. A wife can be raped by her husband. Consent is the key.
A prostitute can be raped?
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False allegations of rape occur at the same rate or less than false allegations of any other crime.
Rape is one of the most underreported crimes. It's just something a person doesn't want to go through - you have no idea how humiliating and traumatic the process is. Some of you guys think reporting rape is a freakin' picnic. It is not. It is a nightmare.
Sex workers do NOT like calling the police when they been raped unless they absolutely have to. They tend to avoid police involvement. Perhaps it's different in Spain, but a prostitute who calls rape in because she didn't get paid isn't going to call the cops and say rape unless she got beaten up and forced to have sex. Maybe. She's more likely to tell the other girls 'he's a bad date', tell her pimp/boyfriend, get high, ice up and hope for better times. Cops are not the go-to for sex trade workers.
We had a street girl who was killed by her john in a hotel. He raped her with foreign objects, perforating her vagina, and committing other atrocities until she died. He was initially acquitted because he stated she consented to rough sex and he didn't notice she was dead. Buckets of blood in the room. Screaming until her vocal cords were damaged. She consented? Fortunately, no double jeopardy law here. We had a protest and demanded the acquittal be overturned. It was.
We don't become blind when the word rape appears. Unless it's to the victims of rape. It's underreported and rarely punished. So the woman in your story has her attacker go to jail? Wow. Applause to the justice system. Rapists go free all the time while victims live the rest of their lives with the consequence.
The rates in the UK are staggeringly low: http://www.informationisbeautiful.net/visualizations/rape-a-lack-of-conviction/
It is a tough hypothetical question. Mostly because there is a tremendous lack of facts to base a decision.
Facts presented...
1) We are told that a prostitute (genderless) waits for a customer.
In order for their to be a customer to wait for, there must have been an agreement (offer and acceptance) and such an agreement may not have been for an illegal act. Which is a difficult barrier to overcome since prostitution is illegal in most areas.
2) The prostitute gets into the car and they have sex.
3) Hypothetical says that the client refuses to pay for "extra time".
That presupposes that the client paid for some time, and then didn't want more.
4) The prostitute goes to the police and claims a rape occurred.
Well, this is highly unlikely, since, as stated in #1, prostitution is illegal in most areas, that therefore they are admitting to committing a crime.
If we assume that prostitution is legal in that area, then we are missing (a) what was the agreed time; (b) what was the discussion about "extra time"; (c) was consent given for the "extra time" by both parties; and (d) did the prostitute perform the agreed "extra time" services.
5) The client went to prison.
Well for this to be part of the hypothetical, then there would have had to be charges brought, an investigation, a defense attorney present, a plea-deal or trial, and a conviction. Long before the process concluded in jail sentence, one or the other party would sought to resolve the issue privately and the state's case would fall apart.
Facts presented...
1) We are told that a prostitute (genderless) waits for a customer.
In order for their to be a customer to wait for, there must have been an agreement (offer and acceptance) and such an agreement may not have been for an illegal act. Which is a difficult barrier to overcome since prostitution is illegal in most areas.
2) The prostitute gets into the car and they have sex.
3) Hypothetical says that the client refuses to pay for "extra time".
That presupposes that the client paid for some time, and then didn't want more.
4) The prostitute goes to the police and claims a rape occurred.
Well, this is highly unlikely, since, as stated in #1, prostitution is illegal in most areas, that therefore they are admitting to committing a crime.
If we assume that prostitution is legal in that area, then we are missing (a) what was the agreed time; (b) what was the discussion about "extra time"; (c) was consent given for the "extra time" by both parties; and (d) did the prostitute perform the agreed "extra time" services.
5) The client went to prison.
Well for this to be part of the hypothetical, then there would have had to be charges brought, an investigation, a defense attorney present, a plea-deal or trial, and a conviction. Long before the process concluded in jail sentence, one or the other party would sought to resolve the issue privately and the state's case would fall apart.
Draconis71
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Well, to my knowledge, prostitution is LEGAL in Canada, tho, communicating for it, is not. (ie: via Craigslist, speaking/requesting/emailing/etc)
So, IMO, yes, a it could be technically rape, if you somehow agree for a pre-arranged situation, and you do NOT follow your part of the bargain..
Borders on "stolen goods/services".
Hmm, guessing HST would apply here? IF they're licensed (tho, I don' think ANYONE in the sex trade licences up a business to collect taxes....)
Edit:
Also, if a prostitute decides "no fucking way" then you stop, or it is rape.
Now, if she doesn't return the funds/gift/etc... Then, that's sorta theft on her part. (A gift being a gift, and whatnot). Yes, I have had a few friends who tried to get me laid. The prostitute didn't want to be damaged, and loose ability to earn money.
Long story short, I didn't know she was a hooker, I didn't know they'd payed her.
She blew the whistle on them, and gave me the cash, told me to find someone else who was into freak/kink/whatever. Blow to the ego there.
And, if I pushed the issue, it WOULD have been sexual assault.
So, IMO, yes, a it could be technically rape, if you somehow agree for a pre-arranged situation, and you do NOT follow your part of the bargain..
Borders on "stolen goods/services".
Hmm, guessing HST would apply here? IF they're licensed (tho, I don' think ANYONE in the sex trade licences up a business to collect taxes....)
Edit:
Also, if a prostitute decides "no fucking way" then you stop, or it is rape.
Now, if she doesn't return the funds/gift/etc... Then, that's sorta theft on her part. (A gift being a gift, and whatnot). Yes, I have had a few friends who tried to get me laid. The prostitute didn't want to be damaged, and loose ability to earn money.
Long story short, I didn't know she was a hooker, I didn't know they'd payed her.
She blew the whistle on them, and gave me the cash, told me to find someone else who was into freak/kink/whatever. Blow to the ego there.
And, if I pushed the issue, it WOULD have been sexual assault.
Apart from the gendering, I totally agree. Anyone can be raped. And that can even be a situation where it starts out as consensual sex but turns into non-consensual sex. I'm confused as to why this is even a question.
I agree that it would have been better if I left out the gender woman/man, husband/wife... cause it applies to everyone of every gender and every sexual orientation. Consent - and continued consent - is the key. Thanks @liamfromlondon for pointing this out.
The gender aspect wasn't meant to be a "gotcha". Your point was spot-on.
Draconis71
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Wow...
Really?
I bet any working woman probably earns more than you could. (Notice I chose the word COULD than the word DO)...
re-edit:
On THAT note.... Anyone want to be a sugar-mommy/daughter/whatever (ooops, wrong thread? )
Really?
I bet any working woman probably earns more than you could. (Notice I chose the word COULD than the word DO)...
re-edit:
On THAT note.... Anyone want to be a sugar-mommy/daughter/whatever (ooops, wrong thread?
)
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Looks like swingfun's post's been pulled. Guess he realised how much of a fuckup that was.
If someone with MY "social graces" realises that's a fuckup... OUCH!
If someone with MY "social graces" realises that's a fuckup... OUCH!
one other side point, my friend and I discuss it all the time...
The prostitute (or victim) doesn't prosecute the crime against the accused. All they can do is report it to the authorities. That's because rape, as a criminal act is a societal issue. The prostitute has NO right or ability to put the client in jail. The can press or pressure the DA to prosecute, but it isn't the prostitute that is prosecuting.
The prostitute can pursue a civil case against the accused for damages. They may be some monetary or emotional (if the law allows for it.
Subtle, but profound difference.
The prostitute (or victim) doesn't prosecute the crime against the accused. All they can do is report it to the authorities. That's because rape, as a criminal act is a societal issue. The prostitute has NO right or ability to put the client in jail. The can press or pressure the DA to prosecute, but it isn't the prostitute that is prosecuting.
The prostitute can pursue a civil case against the accused for damages. They may be some monetary or emotional (if the law allows for it.
Subtle, but profound difference.
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Also, in some areas, prostitution, it's self is a crime.
Authorities are more likely to persecute the victim, than the perpetrator, in such cases.
Prosecute, more than persecute.
And yes, that was part of the original problem with the hypothetical. Unless it is truly a rape, a prostitute is less likely to come forward to seek law enforcement. The OP seems to suggest that the prostitute reported a rape in retribution for lack of payment of extra time. That's just doesn't meet any risk-reward evaluation I can conceive.
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