If sex starts out as rape, but later becomes consensual, should the rapist be punished?

I mean one person has sex with another person without their consent, however during sex at some point they do give their consent. SO it finishes off as being consensual, but it started off as rape. So should the perpetrator be held to account, or is it alright? (As an example, I woke one morning with girlfriend on top of me, and once I was awake and alert I was consenting, but she didn't have my consent while I was asleep - and she hadn't asked about it beforehand.)
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Most Helpful Guys

  • If you're in a committed relationship and you make it known to each other you're both fine if the other person wants to have sex but you may be really drunk or asleep so in normal circumstances it wouldn't be consent. But that's only with two people who really trust each other. If you aren't at that point in your relationship with your girlfriend then you let her know it was not ok what she did.

    It would be rape outside of scenarios where letting each other know beforehand that you're fine with them having sex without you being conscious,

    • That was just an example, but the main asking about. Just in general if sex starts off as non-consensual, but later becomes consensual, should the rapist be punished in anyway.

    • Yes because they knew exactly what was happening. They have no way of knowing if the person would have changed their consent.

  • Uhuh cool story bro.. Why do you always try to justify rape?

    fc04.deviantart.net/.../...everknowwho-d6m6usm.jpg

    • I'm not? Ignore the example if it bothers you, do you have an opinion on the question or should I report you?

    • Report me if you want

    • So you have no intention of answering the question?

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Most Helpful Girls

  • Of course. If it ever does become 'consensual' maybe it's more in the rapists eye. I don't think someone who is held up against their will ever finds the sex later on to be consensual.

    • Skittles90 seems to disagree. But also if someone's asleep they can't consent, but they might well when they wake up. (As I did, in the example.)

  • This would never happen but they should still be punished because they still raped her. They may go onto rape another woman but it never turns consensual.

  • Slippery slope, my friend...
    Totally depends on the situation

    • Can you elaborate on that? (Any examples perhaps?)

    • Wellll... I was datin a guy for awhile and we were kinda on n off. When we were broken up, he would 'rape' me.. But I quickly got into it and loved it. I do NOT recommend this! Ever!!! He had a crazy strong sexual hold on me and I loved it when he 'took' it. Most girls wouldn't!!!

    • Technically that's not rape, because you liked it when he took. You liking it is you submitting/consenting which means it's not tape

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What Girls & Guys Said

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  • If it started out as "rape" then it became consensual then how the fuck is it even classified as "rape"?

    Tho I'm not a lawyer so I might be wrong.

    Tho I have to say the concept of having sexual violence slowly transform into consensual sex is a haunting one.

    • Rape is having sex with someone without their consent - which has already occurred before the consent was given, so it is rape (for the first part).

  • that's just stockholm syndrome. Of course it should be punished.

  • From a purely technical sense, she did rape you.

    • That was just meant as an example. I meant the question in general, do you view on it?

    • I think it should be like this - if you're with someone who's your SO or married mate, you should generally be able assume that they'd want to have sex any way. If they're sleeping and they don't have to get up early, I don't think any one would mind some unexpected wake-me-up-pleasure in the morning. But if you're not officially with that person, don't do it. No matter how great the lust between you two is.

  • Interesting

    I think even if the rapee eventually enjoyed it and came around to consent to it, it's still a punishable offense. But in this case, you're leaving it up to the victim/fuckee to decide whether or not its rape.

    So all I can say is that the rapist could be punished. But whether or not they should be is up to the victim

  • She safely assumed you would have consented so I don't think it was rape.

    • Do you have a view on the question?

    • Yes I don't think something can start out as rape and turn into something else. Either she actually wanted it in the first place or she actually didn't want it throughout the whole thing. I hope that makese sense

    • What if she was asleep at first?

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  • That's rape.

  • Your example has nothing to do with rape, unless that was your first time having sex with her.

    Rape is bad, end of.

    • A sleeping person can't consent to sex. Just because you've had sex with someone before it doesn't mean you have a free pass to initiate it whenever you like.

    • In general though, you think the rapist should be punished even if the person they raped consented part way through?

    • True rape would never result in consent at any point. She knows you well enough to know you would have consented, we all know it. Stop pretending like you have been wronged in some way.