Where do you draw the rape line?, magical manipulation |
Where do you draw the rape line?, magical manipulation |
May 22 2006, 09:27 AM
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#1
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Target Group: Members Posts: 56 Joined: 17-June 04 Member No.: 6,409 |
For the purpose of this discussion I'm defining rape as unwanted sexual penetration. Hopefully, most can agree it is a bad thing when this occurs. I'm wondering how far things can be manipulated before it is not a bad thing.
Like date rape, or chemically assisted by a date rape drug, or in SR by cyberware/bioware and/or magic. What if the person has cultured, tailored pheramones,skillwires and chipjack expert driver running a high rating Seduction skillsoft and a complimentary knowsoft? Without the enhancements the subject is unlikely to penetrate any willing target. How about possession? Clearly bad? How about Control Actions, Control Thoughts, and/or Influence? Control Emotions? What about an Increase Charisma spell? I'm asking because I am thinking of designing a character who was a geek (I guess he still would be) growing up and utilized some of the possibilities available in the SR future. At the same time, I would rather have him come across as pathetic instead of creepy. |
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May 22 2006, 09:47 AM
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#2
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Runner Group: Members Posts: 2,901 Joined: 19-June 03 Member No.: 4,775 |
Nonconsentual sexual interaction. Penetration as a definition more or less requires a male rapist, and rape can happen with less.
I think it's fairly easy to draw the line with magic. Direct action (possession, et al) is more or less solidly rape. Indirect action (increase charisma) is not. Pheremones are an absolute landmine. Honestly, I don't like them even being in the game. The designers never gave it the slightest fucking bit of thought, and it is a "simple" concept with incredibly far reaching consequences. |
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May 22 2006, 09:59 AM
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#3
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Horror Group: Members Posts: 5,322 Joined: 15-June 05 From: BumFuck, New Jersey Member No.: 7,445 |
I think of it this way.
It's not rape if it affects only himself directly. Bio, Cyber, Magic, if it makes him more appealing to the female of the race, it's not rape. Creepy as hell, but not rape. (Though your point about pheremones is arguable - is it legally any different from a date-rape drug if the drug is being generated by you?) If it affects her directly, it's rape. |
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May 22 2006, 11:42 AM
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#4
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Midnight Toker Group: Members Posts: 7,686 Joined: 4-July 04 From: Zombie Drop Bear Santa's Workshop Member No.: 6,456 |
Tailored pheremones in this case act as an aphrodisiac at the very worst. They may make the person like you more. They may make the person more horny for you. And really it is a crapshoot since they just add extra dice to your test. It is like (in SR4) spamming someone's AR with hardcore porn videos targeted specificly to their tastes and starring you. They still have the ability to refuse even if they are less inclined to do so. Hell, if pheremones are a date rape drug you might as well calssify money as a date rape drug and make it illegal for wealthy people to have sex ever. After all, large amounts of money automaticly make someone more much attrative.
(According to the Maoist International Movement this may be a good idea. Where economic inequity exists true consent is always impossible.) The two popular "date rape drugs" are rohypnol and gamma-hydroxybutyrate. The former is a tranquilizer that is somewhat more powerful than valium. The later is a rather powerful relaxant. On its own rohypnal acts like any other tranquilizer and produces effects similar to large amounts of alcohol. Certain patients can become dangerously violent while under the influance and a large dose will cause short-term amnesia (a blackout). GHB isn't quite as bad. If is were legal it would be one of the best sleeping pills known to man (and it is in some countries.) The illegal variety can be cut with dangerous chemicals and it is fairly easy to overdose when self-medicating. The correct dose of GBH will cause you to fall asleep very quickly and nothing more or less. It is popular as a date rape drug because you wouldn't wake up if an elephant was plowing your ass in the middle of a three-ring circus with all the bells and whistles untill it wears off. As with any depressants, combining either of these drugs with even the tinnest amounts of alcohol makes their effects immesurably worse. Pheremones isn't even close to being the same. Alcohol, yes. Pheremones, no. Possession is a tricky issue. A summoner is always guilty of a sprit's crime but only Free Spirits, Loa, Shedim, and initiate magicians can possess. Loa cannot possess anyone who is not willing so that obviously cannot be rape. In the case of the summoner then the summoner is assumed to have commanded all of the spirit's actions thus has given consent even if the spirit was acting without consent. In the case of a Servitor it is slightly more complicated. However, I expect consent would be implicit unless denial was explicit before the possession. If the servitor had a no sex contract then it would be open and shut. If not then the servitor wouldn't have a case. A Shedim is less cut and dry. The body is the property of the person's estate (or the person if alive). Thus, only the individual or the estate can consent to the sex. If the Shedim had the host's or the estate's permission to possess then it is a-ok without a no-sex clause. If not then squatters rights may still apply. It would be difficult to argue squatters rights in 2064 but some jurisdictions may still recognize them. Initiate magicians are obvious. The possesser is guilty of illegal possession and is an accessory to rape without a doubt unless there was prior permission (as with the other two cases). The other individual may not be guilty of anything. It was certainly rape if the individual knew that the body was stolen but if not the sexor can make a good-faith claim that his partner was the magician and not the possesse. If the magician consented and the good-faith claim is accepted then he is obviously not guilty of rape. The good-faith claim itself is tennuous, however. Most jurisdictions do not require intent to rape, only deed. If you have sex with an underaged person who was reverse-leonized to appear to be over 100 years old and carrid a fake ID to confirm it you are still guilty of statutory rape in most jurisdictions, for example. With a Free Spirit the same thing applies except if it is bound then the magician who bound it is guilty of illegal possession and rape even if the magician was completely unaware of the deed. Control actions and control thoughts would obviously be llegal for this purpose. Influance would be, as well. Control emotions would be a crapshoot depending on the jurisdiction. If it were of an illegal force then heck yes. If not then some may argue that people don't have to act on their emotions. I would still go with no. Arethusa, penile-vaginal penetration can occur when the rapist is female. Erection is involunary. Of course, penetration of a female by a male requires a male rapists but most jurisdictions are moving away from that. Simsense is what produces the biggest problem. It isn't that difficult to to replace someone's Miracle Shooter with a Betty Boop personafix , expecially in SR4. |
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May 22 2006, 01:48 PM
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#5
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Manus Celer Dei Group: Dumpshocked Posts: 17,006 Joined: 30-December 02 From: Boston Member No.: 3,802 |
Control Actions would clearly be rape. With Control Thoughts and, to a lesser degree, Influence, you'll never have a nonconsenting prospective partner again.
Unless you've got a thing for albino gnomes. And hyzmarca, regardless of whether or not the above proposed definition covers female -> male rape, it fails to cover female -> female rape and is thus unusable. ~J |
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May 22 2006, 02:04 PM
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#6
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Midnight Toker Group: Members Posts: 7,686 Joined: 4-July 04 From: Zombie Drop Bear Santa's Workshop Member No.: 6,456 |
That would probably be covered by Aggravated Sodomy. Lawmakers are kind of anal about defining different sex acts. |
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May 22 2006, 03:46 PM
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#7
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Target Group: Members Posts: 80 Joined: 3-May 04 Member No.: 6,299 |
Don't judge me! :grinbig: |
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May 22 2006, 04:18 PM
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#8
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Moving Target Group: Members Posts: 626 Joined: 1-March 04 Member No.: 6,112 |
:sleepy: That was pretty bad... |
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May 22 2006, 05:05 PM
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#9
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Neophyte Runner Group: Members Posts: 2,026 Joined: 23-November 05 From: Seattle (Really!) Member No.: 7,996 |
Slightly tangental but in these instances would the use of a mindprobe to determine intent be allowed by the court? Would the state be allowed to use court approved Magical Experts for these sort of examinations? Remind me to skip all Jury Duty after 2012.
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May 22 2006, 05:10 PM
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#10
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Manus Celer Dei Group: Dumpshocked Posts: 17,006 Joined: 30-December 02 From: Boston Member No.: 3,802 |
Not in the UCAS—all Mindprobe-obtained evidence is inadmissible in court.
Good for reasons other than human rights, too—just because someone thinks they intended to do something (or didn't intend to) doesn't mean they did or didn't at the time. ~J |
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May 22 2006, 06:27 PM
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#11
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Great Dragon Group: Members Posts: 5,430 Joined: 10-January 05 From: Fort Worth, Texas Member No.: 6,957 |
In canon it isn't allowed. I allow it in my game because practically the only thing stopping it is those mamby-pamby morals things. The more criminals that go to jail the more money the police force and prison owners make, so while specific officers will probably be moral individuals, the system itself is not.
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May 22 2006, 06:27 PM
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#12
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Immortal Elf Group: Members Posts: 11,410 Joined: 1-October 03 From: Pittsburgh Member No.: 5,670 |
the definitions likely vary wildly from jurisdiction to jurisdiction, and are probably hotly contested. for instance, i would bet that there's a campaign to get spells like Increase Charisma added to the list of spells that count as coercive acts when it comes to rape.
as far as mindprobe goes, it may not be admissible in court--but that doesn't mean you can't use it to find out whether the guy did it or not, and pursue evidence based on that knowledge. granted, it'd be illegal as hell, but a careful mage can wipe the spell sig. at that point, the criminal will just be another guy screaming about how the police violated his rights. |
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May 22 2006, 06:32 PM
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#13
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Manus Celer Dei Group: Dumpshocked Posts: 17,006 Joined: 30-December 02 From: Boston Member No.: 3,802 |
I disagree—the thing stopping it is that while important people in companies and government will rarely go to jail, they have much less ability to avoid trial altogether—and established use of Mindprobe risks it being used on them. The thing about Mindprobe is that when someone's in your brain, the only assurance you or anyone else has that they're not looking for anything more than evidence in the current case is their personal guarantee. Corps have enough nonextraterritorial holdings that there's no way they can keep anyone who knows anything important on corp territory at all times. ~J |
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May 22 2006, 06:40 PM
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#14
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Great Dragon Group: Members Posts: 5,430 Joined: 10-January 05 From: Fort Worth, Texas Member No.: 6,957 |
True, which is why you make damn sure your people don't commit crimes. If they do, you make damn sure it doesn't make it to trial or they plead guilty so there's no need for a mind probe. In the absence of evidence no mind probe would be required as technically no crime took place. In the presence of lots of evidence no mind probe is required because guilt can be clearly established.
Stopping someone from making it to trial, removing all evidence, and planting false evidence are all good reasons to have a shadowrun. therefor mind probes in court are a good thing to a game of Shadowrun. YMMV. :) And since Lone Star, Knight Errant, etc. are corporations, havign the legal right to probe around in peoples' heads is something they'd lobby for until the cows came home. Alternatively the Mind Probes could be done by the Witnesses (from my Witness and Juror thread). This puts it in the hands of an impartial third party. It doesn't make it impossible that they'd be digging around for more, but makes it less likely. Also, Mind Probe is a noticable spell. It doesn't say to what extent you notice their digging around, so it is possible that you'll know that they're digging where they don't belong. If that's how the GM runs it then one setup to determine truthfulness coupled with the probe will let them know to stop when you truthfully say that the prober is overstepping his bounds. |
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May 22 2006, 06:52 PM
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#15
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Neophyte Runner Group: Members Posts: 2,026 Joined: 23-November 05 From: Seattle (Really!) Member No.: 7,996 |
I could really see the Star coercing people to allow mindprobes during an interrogation in order to make their job easier. "Just sign this waiver, and we can be done with this interview in about half an hour, if you didn't do it you'll be all clear" Of course if you did do it we will know the details, where to look for evidence, and who if any your accomplices were meaning we just have to go collect the evidence we know exists.
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May 22 2006, 08:35 PM
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#16
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Moving Target Group: Members Posts: 106 Joined: 10-April 06 Member No.: 8,447 |
My opinion the Raise charimsa is Charisma it probably should be legal. After all, make up essentially does the same thing, it makes them more attracted to the person.
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May 22 2006, 08:45 PM
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#17
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Midnight Toker Group: Members Posts: 7,686 Joined: 4-July 04 From: Zombie Drop Bear Santa's Workshop Member No.: 6,456 |
The thing about illegally obtained evidence is that it canot be used against the individual whose rights were violated. It can, however, be used against anyone else.
Of course, mindprobe evidence from third parties could be considered hearsay which is why it is a very good thing that they are illegal (from law enforcement's perspective). If a Lone Star officer admits to performing an illegal mindprobe on someone then that is a statement against his interest. Since statements against one's own interest are an exception to hearsay the evidence should be admitted. The officer could then get a gentle tap on the wrist and a promotion for taking one for the team. |
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May 22 2006, 09:05 PM
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#18
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Neophyte Runner Group: Members Posts: 2,026 Joined: 23-November 05 From: Seattle (Really!) Member No.: 7,996 |
Of course all that applies in the UCAS, be very afraid in places like Tir Tairngire or Aztlan. As far as UCAS goes for a big enough case (or in a market where getting something solved by any means necessary is better for business than doing it by the book) Lonestar could easily do something like this. "Sure Joe Mage Detective, just get on the stand, admit you broke procedure to obtain vital evidence, and we'll put you on paid administrative leave in Tahiti for a month and reassign you to a posting of your choice not in the UCAS" Pretty much if there is a law there is probably an attorney who can work out an end run around it. Of course where one runner's troubles start another runners job begins helping Lonestar make the judge a bit more amenable to a favorable ruling on the evidence "Judge, what are you doing with that Albino Gnome in this video?" |
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May 22 2006, 10:45 PM
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#19
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Target Group: Members Posts: 56 Joined: 17-June 04 Member No.: 6,409 |
At sunset, a SR4 troll shaman with Charisma 2 conjures a Spirit of man and assigns it Increase Charisma as an optional spell power. Maybe he conjures another and assigns it mask.
The shaman finds a satisfactory partner and spends the night. At sunrise, the spirits on remote service depart and the spells drop. The partner wakes up next to the ugliest troll not ever fantasized about, looks between his legs and sees equipment that is no where near troll sized, and begins screaming. When it is all sorted out and explained, she is told she consented? BTW, the reverse leonization reminded me of the situation about porn stars using leonization, or an age spell/physical mask/etc., to appear underage. Is kiddie porn then legal or is the viewer guilty because of intent to view minors? [edit] Also, does anyone know the current way misrepresentation of gender stands? (ie., Boys Don't Cry or The Kissing Game.) |
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May 22 2006, 11:05 PM
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#20
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Great Dragon Group: Members Posts: 5,430 Joined: 10-January 05 From: Fort Worth, Texas Member No.: 6,957 |
That shaman could have a charisma of 5, since charisma isn't necessarily (or even usually) looks.
In today's laws reverse leonizations for "kiddie" porn would not be illegal, as it's the age of the performer that matters, not the age the watcher wishes them to be. |
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May 22 2006, 11:07 PM
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#21
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Great Dragon Group: Members Posts: 6,640 Joined: 6-June 04 Member No.: 6,383 |
Huh, interesting. Although I've heard of Rohpynol I haven't heard of the second one. Sometime I should take one of those and see how it affects me just out of curiosity. Maybe I could set up a video camera, do a few rounds on a bag, take the drug, and then do a few rounds, and see exactly how the drug affects my performance. |
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May 22 2006, 11:11 PM
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#22
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Great Dragon Group: Members Posts: 5,430 Joined: 10-January 05 From: Fort Worth, Texas Member No.: 6,957 |
If you take enough to make yourself a viable date rape victim there's likely to be no performance at all. Of course, exactly what that dosage measures out to is all a guessing game to the wouldbe rapists, so to really duplicate the experience with an experiment you have to leave yourself enough wiggle room in the dose that you could put yourself into a coma or die. :)
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May 22 2006, 11:23 PM
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#23
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Beetle Eater Group: Dumpshocked Posts: 4,797 Joined: 3-June 02 From: Oblivion City Member No.: 2,826 |
The Supreme Court has more or less said that child pornography must include children, and the definition of age is rather static - or so it appears - being "The length of time that one has existed; duration of life." However, it could be defined as "one of the stages of life", and thus the legal definition of a child could extend to permachildren - which might even make sense if the process restricts or reverses mental facilities. That then brings us into grey areas of mental retardation and consent. |
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May 22 2006, 11:24 PM
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#24
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Great Dragon Group: Members Posts: 6,640 Joined: 6-June 04 Member No.: 6,383 |
I'm a little bit confused, then. If the rapists usually use more than the maximum recommended adult dose (whatever that may be) *and* combine it with alcohol why don't we hear about more rohphynol-related fatalities? In fact, if they're going to go and endanger the victim's physical health to that extent why even spend the money on the drugs and go through the bother of slipping it into a drink? Why not just put on a black ski mask and KO the victim in the parking lot for free? |
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May 22 2006, 11:26 PM
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#25
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Beetle Eater Group: Dumpshocked Posts: 4,797 Joined: 3-June 02 From: Oblivion City Member No.: 2,826 |
Because one of those scenarios has the ability to not look like a crime.
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