I'm not going to pretend to be an expert, but you're absolutely wrong. Rape by deception is a genuine thing. If she allows him to fuck her because she thought it was her boyfriend doing it, there would definitely be a case there.
So she thought she was having sex with her boyfriend, but it was actually his brother, deceiving her in the dark, leading to rape by deception/fraud.
the basement is not a gloryhole where you know what you're going for, and her guy wasn't rooting for his brother like Luke was for the masturbator, but that's a slightly different situation, why do legal analysis of events in a porn game at all
And it's ridiculous that they had to call it something other than just plain old rape. Because that's what the brother in that case did to her. She believed that he was her husband so allowed it and maybe even enjoyed it, but that still doesn't mean it isn't rape. It should be in the intention and action of the brother, not her actions. He was in the wrong not her.
unprovable and how did she know it was his brother when it was completely dark there,
You're the one who brought up the legal implications with the police here not Tony. Putting your dick in someone who hasn't given you express consent is rape, end of story.
There was nothing in the case that points to the brother denying that it was him. The case states that because he didn't have to force her then technically there was no rape. So they had to make new legislation because of creeps like him.unprovable and how did she know it was his brother when it was completely dark there,
maybe it was a neighbor
but it's definitely not the same as rape with the use of force and beating, what she does with her boyfriend in the gloryhole is a provocation
Exactly as Justaphase says. In this specific example, they believed they were the only two down there, they were assured by Clem that no one else could be there. So they wanted a bit of fun, and it was specifically a Luke and Kathryn thing, he was the only one she was presenting herself for. Anyone else fucking her, even where she is and in the position she's put herself in, is raping her, because she's not consented to it. She may have consented to being fucked, but only by her partner, not by anyone else.
well then they could blame Clementine and not the guy who came there to jerk off
Now you're just arguing for the sake of arguing, so there's no point in continuing this discussion. Ignored.
I was once at a nudist beach and some guy started having fun with his girlfriend, someone stood next to him and started masturbating, and this woman noticed, got embarrassed and asked the stranger, "What are you doing?" And the guy started laughing and said, "What are you doing?"
As a U.S. citizen haven’t heard much about “powerful U.S. religious groups” trying to ban porn. I’m sure there are a few, but they get very little public attention. I have seen various women’s groups protest what they deem any form of abuse, sexual or otherwise. It’s all horseshit because it’s pixilated fantasy. Movies and shows are awash in violence. Last I heard heavy metal does not cause suicide. Certain sick people will live out their fantasies in real time, with or without any pixilated encouragement. Real is real and pixilation is fantasy. Go after purveyors of real stuff. More than enough of those bastards.
Exactly this. They're in a free use sex dungeon. If they're going to be sexual in a place like that, that's some measure of consent and realistically ( a term that should honestly be used very loosely in porn games ) any guy that fucked Kathryn while she's bent over a glory hole could say she gave consent just being there.
