Is this rape?

Question

Disclaimer: No one I know or myself was raped!
I was watching law and order and during a court case the victim said her husband raped her, throughout their marriage there were times when she didn’t want to have sex but she never said no to her husband because she was afraid to. Then the ADA said it’s not rape since she didn’t verbally say “no” or “im not in the mood” etc. I know rape is sex w/o consent but this just threw it off for me😵 What do you think?

Answer

The issue this would be in a court is there's something called "implied consent".
If you don't communicate that you don't want it you can't really expect the guy to know.
That may or may not be fair in this particular case but allowing this to be called rape in a legal sense can cause a problem for a lot of other cases.
For example a woman might feel scared because of past experiences not necessarily the fault of the man in question.
Some women also willingly have sex with their husband when they don't want, to please him and may not say anything. Then may want to imply rape when the relationship turns bad.
This is why the courts are cautious for these types of cases. It would set a precedent which can be very bad for other cases.
Unfortunately this kind of thing is just he said she said. Generally there's not a great deal of evidence and the tendency is to just give the benefit of the doubt. Yeah it means some people don't get justice but for others it means they don't get falsely convicted. 
Hope that helps?

Answer

Sadly it’s like that at times. The court is not as reliable to get the justice you want. Consent needs to be a firm yes from both parties involved just because you’re married or dating doesn’t mean you can’t say no or not want it. Laws are just related when it comes to these things. To make it worse you have people lying about rape so it makes it harder for them to get justice at all

Answer

If she's scared to say no, that's a problem. It's rape

Answer

She didn’t ever actually say no so it’s technically not rape

Answer

I believe it was because in a past relationship that’s how it was with me and my ex and it’s hard to talk about because I feel ppl will say “well he was your boyfriend “ like stuff like that

Is this rape?

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