In the movie High Plains Drifter, it appears Lady and Clint are passing by each other and Lady intentionally bumps into him. She insulted and provoked Clint and in the end, he raped Lady. There are disturbing beliefs that a woman invites sexual attention by her behavior and clothing, as if she deserves any outcome. There are differences between common laws and modern laws regarding rape that could change the outcome of the rape if it had occurred in modern times.
As Clint was walking by, Lady appeared to deliberately bump into him. She continued to provoke him and knock the cigar out of his mouth. He got angry and said she needs “a lesson in manners” (Rape, 2013). He dragged her to the barn as she fought him. He threw her on the ground, tried to keep her down as she struggled and told him to let her go. As he was raping her, she resisted at first; however, it could be argued, she did not truly attempt to resist and appeared to enjoy it towards the end and held him close.
In common law, rape is defined as vaginal intercourse by force or threat of bodily injury without the victim’s consent. In common law, only women can be raped and a husband cannot rape his wife. Raping a person while asleep or drugged, does not qualify as rape in the common …show more content…
It does not differ whether the victim is female or male. Although Clint did not intend to rape Lady at first, the actus reus for rape was established as he did rape her. It would be easier to prove Clint raped her, as there could be physical evidence, such as bodily fluids and DNA that could help identify the identity of the rapist. In regards to extrinsic force standard law she does not have a case, as there was not enough force. In regards to intrinsic force standard laws she has a case, even though Clint did not use a lot of force to keep Lady down, she did not consent (Lippman,
As Clint was walking by, Lady appeared to deliberately bump into him. She continued to provoke him and knock the cigar out of his mouth. He got angry and said she needs “a lesson in manners” (Rape, 2013). He dragged her to the barn as she fought him. He threw her on the ground, tried to keep her down as she struggled and told him to let her go. As he was raping her, she resisted at first; however, it could be argued, she did not truly attempt to resist and appeared to enjoy it towards the end and held him close.
In common law, rape is defined as vaginal intercourse by force or threat of bodily injury without the victim’s consent. In common law, only women can be raped and a husband cannot rape his wife. Raping a person while asleep or drugged, does not qualify as rape in the common …show more content…
It does not differ whether the victim is female or male. Although Clint did not intend to rape Lady at first, the actus reus for rape was established as he did rape her. It would be easier to prove Clint raped her, as there could be physical evidence, such as bodily fluids and DNA that could help identify the identity of the rapist. In regards to extrinsic force standard law she does not have a case, as there was not enough force. In regards to intrinsic force standard laws she has a case, even though Clint did not use a lot of force to keep Lady down, she did not consent (Lippman,