[randyrand]

Okay, more devils advocate.

Your boss comes into the office to fire you. You really really need your job or you and your family starve. You really really don't want to. In fact you would do anything but stoop to this level. But you have no choice and you know he is into you. Your family is starving. You decide to ask your boss, "I'll fuck you if I keep the job." He agrees.

It's still sex against your will. You're only doing it to get the job, so your children don't starve. Were you raped?

[cstrahan]

That sounds more like prostitution.

I think the important element is this: did person A attempt to coerce person B into having sex? If yes, then A raped B.

Let's apply that to your scenario. Is the boss trying to coerce the employee into having sex? No, the boss is firing the employ because

* Maybe they're a shitty employee, or

* Perhaps because the company has dwindling resources, or

* Fill in the blank.

In your scenario, the employee came up with a plan to try to sell sex in exchange keeping their job. That's prostitution: "the act of having sex in exchange for money." As a boss, I would decline that offer because, among other things, it would probably look like I was threatening to take away the employees job (i.e. coercion) if I wasn't given sex - even if that was never my intent.

If, on the other hand, the boss implied or suggested that the employee could keep their job in exchange for sex, that's coercion and is therefore rape.

It's not about "not wanting to do something", it's about coercion. If I'm legitimately fired and I offer sex in exchange for my job, that _is_ my will. If someone threatens (express of implied) to take my job away unless I have sex with them, that's their will, they're coercing me to have sex with them, and that's rape.

[golemotron]

The tragedy of all of this is that it is endlessly open to "he said" versus "she said." And that's the problem with the expansive definition of rape. In the case we are talking about the evidence would have to be that she felt coerced and that there was a power structure that make her feel coerced. It's entirely possible for someone to be in that power structure and still consent or (if they are a bad actor) say that they felt coerced after the fact. Criminal indictment and conviction should be based more than a just a victims statement of their subjective experience.