Legal Question in Criminal Law in California

Hello

My question is difficult to ask but also explicit. Forgive me if it is too crude. I used to work as a street prostitute. One night I was hanging around outside a bar when I saw a young man in a taxi. It was clear from my outfit what I was and he beckoned me into the taxi. He stopped off outside a park. He said that he couldn't bring me in to his apartment because his girlfriend was there. He said we could into the park? I said no so. He started walking off. However, wanting the money, I called him back and we agree to a price. We went into the park ans started having sex. After a few minutes he stopped and I started performing oral sex on him. He asked me to start regular sex again. I said "let's continue with this (oral)". But he said no, that he wanted regular sex. To avoid a confrontation I agreed and we continued on for another minute or so. At this point he stopped and finished himself off and paid me. We both left. I've since finished that line of work and am a student again. I've been reading a lot about rape and consent. In this case he knew that I didn't want to go in the park, or restart regular sex, even though I belatedly agreed to both. Although he didn't force himself on me, or threaten me with violence, could this be considered rape?


Asked on 3/02/14, 6:57 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

I don't see how it could. Rape is sexual intercourse without the other person's consent, or with a consent that is obtained through force or coercion. It seems you consented to this man's requests without being forced or coerced. I realize you were reluctant, but you consented anyway. Reluctant consent is still consent.

You were free to say no when he asked you to go into the park. In fact, you did say no. And when you said no, he respected your decision. You then changed your mind, and that's the key. I know that the reason you changed your mind was that you needed the money. But that was also the reason you were soliciting sex in the first place. What matters is that you chose to say yes when you were free to say no. The financial pressures that drove your decision were present before you met the man, so they are not his fault. The pressure came from your circumstances and not from his words or actions.

The same is true about resuming intercourse. You said you wanted to continue with oral sex, but he said he wanted regular sex and you agreed. It's understandable that you wanted to avoid a confrontation. But the man hadn't threatened you and he didn't force you. If you had stood your ground and then he'd used force or made threats, you would have a stronger argument.

I realize women sometimes feel they can't say no. In the situation you describe, it's understandable that you felt that way. But whether a particular sex act qualifies as rape is not just a question of how the woman felt. It's primarily about what the man did to make her feel that way. As far as I can tell, this man didn't come anywhere close to committing a rape.

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Answered on 3/02/14, 12:48 pm


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