Hittade en länk på Twitter till Washington Post som jämför svensk och amerikansk sexbrottslagstiftning.
What started out as voluntary sex subsequently developed into an assault.” Whether consent was withdrawn because of the lack of a condom is unclear, but also beside the point. In Sweden, it’s a crime to continue to have sex after your partner withdraws consent.
In the United States, withdrawing consent is not so clear-cut. In September, for example, prosecutors in North Carolina dropped rape and sexual battery charges against a high school football player because sexual contact with the alleged victim began consensually. The dismissal documents cited a 1979 North Carolina Supreme Court ruling, State v. Way, which says that if intercourse starts consensually, ”no rape has occurred though the victim later withdraws consent during the same act of intercourse.”
So if you initially agree to have sex and later change your mind for whatever reason – it hurts, your partner has become violent, or you’re simply no longer in the mood – your partner can continue despite your protestations, and it won’t be considered rape. It defies common sense. Who besides a rapist would continue to have sex with an unwilling partner? [...]
”The fact that U.S. law is so ill- equipped to actually protect women in realistic scenarios is a national embarrassment – not to mention a huge hurdle in obtaining justice for sexual assault victims. Swedish rape laws don’t ban ”sex by surprise” (a term used by Assange’s lawyer as a crass joke), but they do go much further than U.S. laws do, and we should look to them as a potential model for our own legislation.
Denna mening sammanfattar det hela perfekt ”Who besides a rapist would continue to have sex with an unwilling partner”.