1)According to the Department of Justice only 18% of rapes are from a stranger. A women is more likely to be raped by someone she knows (acquaintance/friend, intimate, relative).
2) Though rape is a sexual act it is more about dominating the victim than sexual gratification. (as someone else posted earlier)
California defines rape as:
261. (a) Rape is an act of sexual intercourse accomplished with a
person not the spouse of the perpetrator, under any of the following circumstances:
(1) Where a person is incapable, because of a mental disorder or
developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.
(2) Where it is accomplished against a person's will by means of
force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
(3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.
(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
(D) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's
fraudulent representation that the sexual penetration served a
professional purpose when it served no professional purpose.
These definitions don't seem all that vague to me. Though I think what gbaji and phlare are thinking of is 261 (3) regarding the intoxication. They key part of this subsection is "person is prevented from resisting", where they are so intoxicated they don't have the capacity to say yes or no "and this condition was known, or reasonably should have been known by the accused."
This isn't someone who has had a few drinks to impair their judgement, this is someone who is too ********* drunk to make any decision and the guy just doesn't care.
Quote:
More than anything else I abhor that we actually allow rapists to live. That's the sort of thing that encourages rape far more than the fact that women have a slit between their legs.
The pathology of the rapist isn't one that would be detered by threat of death. Its a compulsion to subjugate the victim to their will.