tricomb
Bluelight Crew
Insanity: If the person is truly unaware of their acts and what they are doing, and with no control, it is not right to call them "guilty" or a "rapist" if they are GENUINELY sick, then we need to provide treatment for them, not punishment. Sometimes it is essential to have compassion for even the person who does most heinous acts.
Duress: If one is forced to rape another by imminent and clear threat of death, grievous bodily harm, or the same threats made against others if this person does rape, we again must understand the situation at hand, and the "rapist" is as much as victim as the raped. The true guilty party is the one who forced the person to rape.
Mistake of consent: If the person has good reason that a reasonable person would also agree on, that the person consented, that they said "yes" even if it happened that they did not, you can not call this person a rapist. This person lacks Mens Rea to the offense, because they genuinely believed that it was consensual...lets maybe try a thought experiment example: So they agree before hand to some S/M play. The bottom agrees to be gagged, bound and to be penetrated vaginally. During the seen, it is going well, until the top penetrates her anally, and she can not make a distinguishable sound to voice her withdrawal of consent. It seems to be reasonable that the top had reasonable belief of consent to sexually activity, and misunderstood that she meant vaginally only due to poor communications. It again seems that it would be wrong to call him rapist, as he had reasonable cause to believe it was consented to.
Thankyou, I don't think anyone could have given a better answer.