Synopsis: Fictive story, which takes place some years in the future. The story is partially based on a law proposal made by the Socialist People's Party in Denmark. The proposal would reverse the burden of proof regarding rape so it should be the male that have to prove that he did not intend to rape a woman and that he had her consent. This story deals with the legal concerns regarding the rights of a person accused of a crime in such a scenario. Author: JensenDenmark Title: Unintentional rape ========================= 1. In the court. ---------------- “Case number 2012-20553 and 2012-20554: Ann Schmidt against Jim Narrow regarding unintentional rape and the state against Ann Schmidt and Jim Narrows. Officer, what do we have here?” “Both Miss. Schmidt and Mr. Narrow are 17 of age. The parents of Miss Schmidt are on short holiday over the weekend. Last night Miss. Schmidt went into town and danced most of the night in the local disco. At 1 a.m. she invited Mr. Narrow home for tea. They ended up in bed and intended sexual intercourse but Miss. Schmidt changed her mind before it came so far. Regrettably they both had drunk a lot and due to Miss. Schmidt, he did not react to her saying no and trying to get out of bed. He took her virginity and fell to sleep. She went to the bathroom where she remained for the rest of the night until he left early in the morning. She called a friend, who alarmed us. Right now she is in the hospital to have some tests done.” “So if understand it correct, several laws where broken. People over 16 and still below 18 are not allowed to drink without adult presence outside private homes and then there is the unintentional rape charge.” (Back in 2008 a new law was passed in the Danish parliament regarding unintentional rape. If sexual intercourse had been proven and either of the party claimed that it was non-consensual, both parties are to attend a therapy session to teach them of how damaging non-consensual sex can be to the person upon it is inflicted and future unfortunate accidents can be avoided.) “How does Mr. Narrow plea to this charge of unintentional rape?” “Sir. I am innocent. At no point can I remember that she was denying us having sex. It is correct that she went to the bathroom, but I thought it was because she was sick due to the huge amount of alcohol and had to talk to the big china phone.” “You mean that she had to vomit?” “Correct Sir!” “Listen. I am going to make provisional passing of the sentence. Regarding case number: 2012-20554: Both Miss Schmidt and Mr. Narrow are to report to the local juvenile centre and do one full day of community service within a month because they were in town using alcohol under the legal age of 18 instead of having it in private. Regarding this offence, this is the final ruling.” “Regarding the charge of unintentional rape – case number 2012-20553; you are both to attend a session, where you – Mr. Narrow – can learn about the feeling of having non-consensual sex. In order to secure that both Miss. Schmidt and you want the session to be arranged as fast as possible you are both ordered to wear chastity belts until the session is done. Officer. Would you inform the hospital to fit Miss. Schmidt with a belt? The next case – please.” 2. Fitting the belts -------------------- Jim was by a court officer taken to a storage-room nearby where he was measured and fitted with a belt. “How are I going to be relief myself if the therapist does not have a time in the next 14 days? I have read that the risk of prostate cancer is increased with the semen is reabsorbed in the body instead of being released.” “That is correct. Here is an address-list of clinic, where they can perform internal prostate massage (milking) in order to avoid health risk. You have to go there once a week, because you would properly not be trained in long-term denial. However, the waiting period is not even a week if you can agree setting a date with the other party. I have a brochure here about sanitation while wearing a chastity belt. They are built of stainless steel with a neoprene cover. They should be easy to keep clean.” John left for home. -- In the hospital Ann was waiting for the test result when a police officer approached. “I have been contacted by the court. Mr. Narrow did not agree that he had raped you and because you had been socializing with him until he attacked you, he was charged with unintentional rape instead of conventional rape. It means that the burden of proof would be lighter to lift but it also means that you both have to attend a session, where you two of you have to talk the entire event through.” “But I have read it also means that I have to wear a chastity belt until the session and it not fair. I am the victim here.” Ann began to cry. “That is correct if the story you have told us is correct. But the law was changed and unintentional rape was introduced because a lot of rapist was not convicted primarily because it was her word against his. It became a problem that a lot of people were inflicted with psychological marks on them. It also meant that a lot people were free to continued inflicting pain to other people. However, the burden of proof could not be entire reversed because people legal rights also were at stake. I am so sorry but the law is quite clear. I can take you over and get you a belt after you have taken a shower.” Ann took her bath number 100 this day but the dirt she felt could not be washed off. And now she had to see the bastard once more. It was so unfair. When they were at the storage-room and the officer went to fetch the right size of belt, Ann asked. “Why am I also made to wear a belt? It was not me who attacked him.” “Because some of the rape charges are made by ex-girlfriends, which are angered by their boy-friends leaving them, these precautions had to be introduced. We do not want a lot of false accusations in court due to jealousy. By making both parties wearing chastity belts, we are making sure that sessions would be booked as fast as possible. Also people would think twice about invent rape charges if they loose control of their sex-life for a time.” “I still find it unfair, but I do not feel like having sex ever so I can take it.” “Here you are. I still have to point out that I am sorry that it has to be done to you. I could help you by making an appointment for you at the therapist if you give me some date and times, so you do not have to call Mr. Narrow in person. Would you like me to do so?” Ann nodded and after the belt was on, the officer drove her home. 3. Therapy ---------- Next Tuesday they both went to the session. Each session had to take place at the juvenile centre or a police station if both parties are above 18 year. Because the alleged victim had to be spared of the sight of the offender until the start of the session, Jim had be appointed to meet at the centre 15 minutes before Ann was due to arrive. He was followed to a waiting room until Ann arrived. Then he was followed a meeting room. “There is your chair. Take a seat. In order to level the psychologically balance in the room the most powerful person has to be restraint. Ann would be strip-searched so she can not carry a weapon in here, so you should be safe.” When Jim was tied up, Ann came in the room. She looked surprised for a moment, seeing Jim in his restraints and took a seat. The therapist welcomed them. “I am Mr. Jensen and I am your therapist today. We are going to talk the entire night through step-by-step. I know it would be painful for you, but we have to find out exactly were you said no and Jim did not hear. We are also going to take a closer look about the events and signals you sent to each other before you went to bed.” Ann explained how she attended the disco and how she during the dance drank three beers. She had been tested for drugs and luckily there were no signs. But the alcohol-test indicated that she had drunk about 6-8 beers during the night. Mr. Jensen noted that because he had to ask her where she drank the rest of the alcohol. “Where did you meat Jim?” “I was just finished dancing with a girlfriend and sitting in the bar, when Jim bought me a beer. We talked and decided to go to my place because my parents were out of town.” “Is that correct Jim?” Jim nodded. “When we arrived at my place, we went to the living room where I opened a bottle of wine from my parent’s wine-safe. I took out an adult movie and we saw it together.” Jensen looked in his notes. It did explain where the rest of the alcohol came from. He had a question: “Why an adult movie?” “I felt that Jim was the right kind of guy. Normally I do not pick guys up. I was a virgin until that night.” Ann sobbed for a minute and then got hold of her self. “But my parents were out of town and stupidly I did choose to take him home because I did not know when I would get the chance once again.” Jensen noted a few more things. “It is safe to assume that you at that point did intend to have sex with him.” “Yes or no. I do not exactly know what I had in mind. I wanted to be together with him. But when it came to it, it was such a profound impression that I became doubtful.” “What about you. Jim? How did you experience the evening?” “Ann is a lovely girl and I had not had a girl-friend for some time. She acted as the only thing she wanted was a quick fuck. Of course, I agreed to go home with her. Which kind of male would not?” “So you went home with her because you felt that she wanted to have sex? She did not act insecure at some point?” “No, she seemed very determent.” “Ann. After the film, you went to your bedroom with Jim. Is that correct?” “Yes. And we climbed in bed together. We kissed and cuddled. Then he stopped in order to take his condom on. I do not use protection because I did not have a sex life until ……” Ann began to cry. “Here you are. Take this napkin. Continue when you are ready.” “When I saw him putting his condom on, I told him that I would not go through with it after all. But he seemed out of mind.” “Jim. I know that they had performed a drug test on you and there were no traces of illegal substances in you. But you must have got at least about 8-10 beers or so in you at that point. What do you remember at that point?” “We saw the movie and went to her room. After a foreplay that seemed to last forever, we finally got to business. I went on top of her and satisfied her.” “Did you remember her saying no?” “Not exactly - She did try to tease me by turning her body and twisting around. Some girls do play hard to get in order to prolong the act.” “You did not think about it as her saying no to sexual intercourse?” “No. Not at the time.” “But now?” “I have thought about it and I can see that she might – MIGHT - have said no. But then – why did she invite me in her bed in the first place?” “That is the problem with the first time. It is also a problem regard the different angles men and women have on sex. Said in a simple way a male would take his chance to have sex with anyone and any time if given the opportunity. Women are more set on long-term relationships and would look for different things in a partner than sex.” “But she did say yes to go into bed with me.” “According to the law she can say no until the time when your penis enters into her vagina and you have to respect it. As I see it the events of the evening include an unintentional rape as the laws see it.” “That is not fair. She had some pleasure from it. She did moan from pleasure.” “We would get to it in a few minutes. But I have to ask you once more. Can you from her point of view see that she might feel violated because you continued with sexual intercourse after she had protested?” “Okay – Yes. It is possible. But I do not think that I hurt her.” “Then I can write that both parties have agreed that unintentional rape is a possible verdict in this case. Let’s proceed to the process of how a victim experiences non-consensual sex. We have to get some furniture in here. I would call a guard. 4. Learning process. -------------------- The door opened a guard wheeled a frame inside the meeting room. Jim was released from the chair and told to undress. “Lie down on your stomach. We are going to strap you down. Just relax. You would not be hurt. It is a learning process. When Jim was naked, liberated from the chastity belt and positioned, it was Ann’s turn. “Please undress.” “What? I am not going to undress with him in the room.” She pointed at Jim. “Please undress. It is necessary and it is for the good of your mental long-term health. May I have the key for her belt?” Soon Ann stood naked when Jensen produced a blindfold. Ann was shocked. “Relax - it is for you Jim. Without the use of your eyes, your other senses would be strengthened. We need you to feel every inch of this process so you are more aware of your partner’s reaction next time you decide to be with a woman.” With Jim blindfolded, Ann was told to go outside the meeting room for a minute. Outside in the hallway Jensen presented her for something to wear. “What is this?” “It is a strap-on dildo. The idea is that he did put you trough a process of non-consensual sex. Now you are going to learn him how its feel. I would be at your side all the time making sure that you not hurt him by accident.” They went in again. “Jim. How does it feel not to know what the next thing, which would happen, is unknown for you?” “I am not sure. What are you going to do?” “Ann would perform a sexual intercourse with you.” “But how can she do that? There is no room under me.” “She can.” Ann stepped up behind him. “Put the tip against his anus.” “What! You can not do it. I am not a gay.” “It has nothing to do being a gay. It is only rubber. How does it feel not being in control when it comes to having sex?” “I do certainly not like it. You have proven the point. Please release me. I would behave in the future.” “But you have not experienced the pain of being used. Ann: Increase the pressure against his anus but slowly. Even if we have lubricated the dildo well, we have to be careful not to hurt him.” Ann seemed worried. “The experience of having sex and not to want it was horrible. I feel it bad putting Jim trough it even if he did make me suffer.” “I know that your mind is split about whether you should push forward or we should leave it here. But he took something from you that you can not get back. He would not learn about your loss, if he does not experience a situation like yours himself. You may not choose to go through with it, but I must warn you that the anger you choose not to make use of now at some point by your self can turn into a hate-feeling against your self for not stopping him in time. It would be safer for your mental health if you get it out of your system now by releasing the anger on another person and Jim is handy right now.” Jim was in pain. “It hurts. Please stop.” “Ann: Is it not your exact words?” “Almost - I tried to scream but I was too shocked by the experience to do so.” “Stop!” Suddenly the dildo slipped in. Jim made a grunt. “No. Stop.” “Ann: Now, we are going to leave you with Jim for 3-4 minutes which is the average time for a sexual intercourse for newcomers. Please notice the drawing of the male abdomen on the wall. If you push deep enough you would massage his prostate and perhaps then he also would get something from it too.” Ann pushed deeper and deeper until she was all in. Then she maintained the rhythm. The pressure of the leather against her vagina made have a funny but pleasant feeling.” Suddenly semen appeared from his penis. “No. I am not a gay. This can not happen.” Jim began to cry. Ann stopped. Jensen came into the meeting room again. “I can see that you have milked him. Jim: It is a natural reaction to a massaging of the prostate. Ann: Pull out slowly and go into the shower and clean yourself. Jim: I am going to insert a butt plug so you do not soil the floor. You can take it out in the men’s toilet and shower afterwards. We would all meet back inhere when you are finished and discuss the final document which have to be sent to the court.” Half an hour later the document was finished. Jim confessed to the rape and agreed to take therapy lesson in order to get off with a week of community service as it was custom in these cases. Ann also got ordered to take counselling in order to control her alcohol intake so the normal intake during a week a Danish woman would consume - 14 beers - would be spread out over the week. 5. Aftermath ------------ Back in court the judge agreed to the recommendations in the document. As he read it for his secretary: “Case number 2012-20553: Ann Schmidt against Jim Narrow: Jim Narrow had pleaded guilty of unintentional rape. He would serve 5 days of community service and attend classes regarding body language and social interactivity. This is the final ruling.”