06-08-2016, 11:55 AM
Obviously, the extreme of this is that consent made conditional on payment of money, which is illegal in most states.
That being said, I'm not sure that's the case here. It doesn't sound like the woman said, "OK, fine we can have sex, but only if later you are my boyfriend". It sounds more like the woman first gave consent (if not initiated). Then she insinuated that they would be in a relationship by talking about their future life as a couple. He makes it clear he is not interested in life as a couple. At that point, the woman could a) nonetheless consent to having sex b) withdraw consent or c) be too intoxicated to consent. We don't hear what happened in the story other than the fact that they did have sex. If she said that if they weren't going to be a couple that she didn't want to continue, then he was guilty of committing rape. If she was too intoxicated to consent, he also was guilty of committing rape, though there would probably be extenuating circumstances (her behavior the entire rest of the evening). If she said yes and was capable of saying yes, then it's not rape. It's possible though that she wasn't hearing him when he said he was not interested in a relationship. That's on her, but creates a very messy situation for both of them. That's why my one conclusion is that it's a situation that I wouldn't have wanted to touch with a 10-foot pole.
BC
That being said, I'm not sure that's the case here. It doesn't sound like the woman said, "OK, fine we can have sex, but only if later you are my boyfriend". It sounds more like the woman first gave consent (if not initiated). Then she insinuated that they would be in a relationship by talking about their future life as a couple. He makes it clear he is not interested in life as a couple. At that point, the woman could a) nonetheless consent to having sex b) withdraw consent or c) be too intoxicated to consent. We don't hear what happened in the story other than the fact that they did have sex. If she said that if they weren't going to be a couple that she didn't want to continue, then he was guilty of committing rape. If she was too intoxicated to consent, he also was guilty of committing rape, though there would probably be extenuating circumstances (her behavior the entire rest of the evening). If she said yes and was capable of saying yes, then it's not rape. It's possible though that she wasn't hearing him when he said he was not interested in a relationship. That's on her, but creates a very messy situation for both of them. That's why my one conclusion is that it's a situation that I wouldn't have wanted to touch with a 10-foot pole.
BC