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Australian man jailed for rape because he paid prostitute with paper .

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posted on Feb, 8 2015 @ 11:39 AM
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"consent" means a consent freely and voluntarily given and, without in any way affecting the meaning attributrable to those words, a consent is not freely and voluntarily givenb it it is obtained by force, threat, intimidation, decit, or any fraudulent means;


That is copied out of my law book Criminal Codes, Commentary and Materials (6th edition) and is a valid law textbook for studying law in Queensland and Western Australia.

Now there are a number of cases that refine this further. In Michael v Western Australia (2008) 183 A Crim R 348 [2008] the guy was guilty because he showed a police badge to get freebies from two prostitutes...

Without going into detail, I remember learning of another case were the deception was a fake marriage ceremony.
EDIT: Papadimitriopolous v The Queen (1958) 98 CLR 249 (High Court of Australia)... so basically its binding in ALL states and territories of the Commonwealth.

As far as the law is concerned its rape. I have no issue with the conviction.
edit on 8-2-2015 by RifRAAF because: (no reason given)



posted on Feb, 8 2015 @ 04:32 PM
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a reply to: hutch622

Yeah that could be one outcome I think...
More probable would be the stating of no intention of children from the outset, then she sabotages the contraception devices.
IE: Stops taking the pill and leading you to believe she is still on it.



posted on Feb, 8 2015 @ 05:00 PM
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Not to bring up the long dead past here, but the ladies of the evening in Germany weren't so stupid as to take a sealed envelope and get busy without looking in it first.

Was this the lady's first outing? It seems like a basic sort of mistake.



 
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