“No” Means No?
Interesting case from the Arab Times. Many courts in many nations are struggling with the same question – at what point does it become rape? In this case, there was a disagreement about the price and she tried to leave, at which point she claims she was raped.
Consensual sex, no rape: lawyer
KUWAIT CITY : The Criminal Court listened Tuesday to the argument of the lawyers for five Kuwaiti police officers, who had been charged with raping and molesting a Bedoun woman.
The court then set April 14, 2009 to issue its verdict.
During the session, the lawyer for the first and second suspects, Attorney Mohamed Al-Sane, told the court the victim had gone to the flat of the suspects on her own free will. He added this incident can never be considered rape as the victim had agreed to collect KD 100 from the suspects in return for staying and having sex with them.
Attorney Ali Al-Asfour, who represented the third suspect, requested the court to acquit his client as there is no proof to show that the victim had been raped. He further said the arresting officer’s investigations were inconclusive.
Meanwhile, Attorneys Tareq Al-Khars, Khaled Al-Mahhan and Ahmad Al-Shehab, who represented the fourth suspect, requested the court to acquit their client as he had nothing to do with the case. They added there is no evidence that the man had committed the crime.
According to the victim, she knows the third suspect, who called her on the day of the incident and invited her to go with him to a friend’s flat where she met the other suspects and two women. She disclosed the third suspect offered her KD 100 if she spends ‘fun’ time with him. However, when she arrived at the flat and had a drink with the five men, she asked for KD 50 more.
When the men refused, she tried to leave the flat, but she couldn’t as the door was locked. While she was looking for the key, the third suspect took her by force to the main bedroom and three other suspects followed him, then they all raped her.
The session was presided over by Judge Adel Al-Saqer.
By Moamen Al-Masri
Special to the Arab Times
I would guess, in Kuwait, even if she wins the case, which looks doubtful given the cadre of lawyers hired to prevent that from happening, she loses. My guess is that she goes to prison for agreeing to have sex for money.
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Don’t the men get charged with solicitation at least?! When will the patriarchy of our societies cease to exist?!
Is it rape to do a whore?
yes, if she doesn’t want to, changes her mind, whatever… any woman who says no, no matter what her profession is.
I hope you can remember this.
Very interested to see what the outcome will be, whether the police officers will be charged. If she is charged for solicitation, shouldn’t they also be, aside from the rape charges? That would be fair.
The men are actually charged with rape, Kinan. Each has a lawyer, or a team of lawyers. The lawyers are arguing that the sex was consensual. I would think at the very least the married ones could be charged with adultery?
Peter – If you conduct a business deal, and the seller doesn’t like the price you are willing to pay for the goods, and says no, he won’t sell them to you, and attempts to walk away, but he is locked in the room with you, do you have a right to steal those goods?
Aafke – You are right. No is no.
Harmonie22 – It will be interesting. It will also be interesting to see how justice is meted out or if this case will just go away, except for the woman, of course, who will be jailed for prostitution.
Harmonie- if the seller promises to deliver for a agreed price, he made a contract, he cant change his mind and ask for a higher price after the contract is made. Even a verbal contract is one.
So after she was raped, and I do believe it’s rape, she went to the police? I find that interesting, especially if she actually admitted to prostitution, and if she knew they were police officers.
Peter – if the number of people demanding the services changes, the price also changes. If they take the services by force – that is stealing, because the agreement was void and there was no new agreement. No new agreement = rape.
GE&B – Brave woman, hmmm? Sometimes information is left out. I worry that she was damaged, and ended up in the hospital. I am delighted she was angry enough to file against the rapists, even if it meant she would also be charged. I saw another article recently where the chief of police refused to bend to requests by higher-ups that misbehaving police be let off the hook. Brave man. That takes integrity.