[the_af]

What the... How can you conflate rape with infidelity? They are completely unrelated things! Rape is definitely a crime and an act of violence worthy of moral outrage. If you are forcing someone to have nonconsensual sex, that's terrible and totally unrelated to cheating. And you can have forced nonconsensual sex within a marriage. Seriously, rape is a completely different issue.

Exposing people to STDs is a problem which can also happen regardless of infidelity. Besides, are you saying if you practice safe sex while cheating then it's morally ok? Is it simply an issue of safe sex?

[moosey]

I'm not defending this position, so please don't pull out pitchforks or anything, just making an argument where this could be expanded into rape charges somewhere:

There are countries where having sex under false pretext is considered rape. For instance: saying that you are going to use a condom then removing it without the knowledge of your partner would be rape. One could argue that being in a marriage with the promise of monogamy, but failing to keep that promise, would mean that all instances of sex with your partner are then rape.

I repeat: I don't agree with this and I think that it belittles people that have actually experienced the horrors of forced rape. Perhaps there should be things protecting the victims of this situation, but calling it rape waters down the word and act. "Sexual Intercourse under False Pretenses" should have it's own set of laws and punishments around it if it should be punished, IMHO.

[the_af]

I hear what you're saying and I'm not pulling out any pitchforks, don't worry.

Having said that,

> For instance: saying that you are going to use a condom then removing it without the knowledge of your partner would be rape.

In which country is that rape? I think pretending to use a condom and secretly removing it is morally deplorable, and the mark of a terrible person, but it's insulting to actual rape victims to consider it rape.

> One could argue that being in a marriage with the promise of monogamy, but failing to keep that promise, would mean that all instances of sex with your partner are then rape

I can't think of any universe where this makes sense. It's an act of dishonesty, and a pretty serious one depending on your upbringing and personal convictions, but rape? Sorry, that sounds seriously fucked up to me. I wouldn't want to live in a place where being unfaithful is equated to being a rapist.

[Lawtonfogle]

>There are countries where having sex under false pretext is considered rape.

Exactly. And I'm not saying that is right or wrong. That is why I said 'possibly', because it depends upon if you agree with such a definition or not and if the legal jurisdiction you live in operates with such a definition or not.

[the_af]

In exactly which countries is having sex with someone under the false pretense you're being faithful the same as rape? Note: not simply illegal or punishable by law, but actual rape. Otherwise I think this point is moot.

If there are such countries, I wouldn't want to live there.

PS: if we're talking about countries where adulterous women can be stoned to death, I think we can all agree that is horrible and the public shaming of Ashley Madison customers completely pales next to the crime against humanity that is mutilating or murdering people for being unfaithful or gay. I'd consider those countries completely beyond the scope of this discussion.

[Natsu]

I thought that was said of Sweden, due to the Wikileaks thing. I'm not expert enough on their laws to claim to understand it, though.

[the_af]

True, I remember reading about it in (extremely confusing) articles online. This is also a potentially politically motivated case, and I cannot find a concrete and convincing description of Swedish rape laws online.