Um... If he's blackmailing her with photos, I think that fellatio would be considered rape.
Is it really rape if she's doing it under her own power? She's not literally being forced, just coerced. If that counts as rape then I guess we need to put imminent_rape on any pic with a blackmailed girl going 'Please I'll do anything' 'Anything~?'
Personally, I don't see it as rape. Blackmail is blackmail. No drugs were used, and it was presented as an option "Do this or x." However, if she said "no", then it's "rape." Two different things. On the other hand, they use rape interchangeably with sexual assault, or sexual coercion these days, but it doesn't hold up for me. A person can be sexually abusive without it actually being rape.
Personally, I don't see it as rape. Blackmail is blackmail. No drugs were used, and it was presented as an option "Do this or x." However, if she said "no", then it's "rape." Two different things. On the other hand, they use rape interchangeably with sexual assault, or sexual coercion these days, but it doesn't hold up for me. A person can be sexually abusive without it actually being rape.
Even though she didn't verbalize no that doesn't mean she isn't saying it deep down. Someone being held at gun point (or camera point here) is still given a "choice", do this or die/your reputation dies, that can't really be considered a real choice with consent.
I'd say it's still a form of rape. It's just not the conventional kind we're more familiar with. Coercion can still work just as well as drugs or physical force.
Personally, I don't see it as rape. Blackmail is blackmail. No drugs were used, and it was presented as an option "Do this or x." However, if she said "no", then it's "rape." Two different things. On the other hand, they use rape interchangeably with sexual assault, or sexual coercion these days, but it doesn't hold up for me. A person can be sexually abusive without it actually being rape.
Legally, coercion (or more formally "duress", which is a specific type of coercion or threat which induces another to act (or not act) in a manner he/she would not (or would)) removes the element of choice, that is, it negates consent. In rape cases, consent may be raised as a defense (it is not rape if the other party consented to the sexual act). The prosecution, however, can raise the issue of duress to negate the 'defense' of consent.
Illegal acts of coercion, such as blackmail (that is, blackmail as defined in law, and not blackmail as defined in common speech), are almost universally considered "duress". What the otaku is doing here is definitely blackmail.
The only issue here is whether oral sexual penetration (without consent) qualifies as rape or sexual assault. This varies depending on jurisdiction. Under English, Scottish, Welsh, and Northern Irish law, oral penetration qualifies. Under American Federal law and most states' laws, oral penetration also qualifies. Under Japanese law, however, only penetration of a female sexual organ by a male sexual organ qualifies—oral sex is persecuted as assault or sexual assault. This also applies to other acts, such as anal penetration, penetration with an object, and IIRC, female-on-male rape 'coerced sex' (even if the penis is injured).
Duress also has implications under civil law. A contract made under duress can generally be negated (if the duress can be proven).
(Disclaimer: IANAL, so don't treat my comment as legal advice.)
Didn't agree based on definition, and Danbooru gave me the power to remove it for me. When it comes to hentai things, I'm allowed to have my own definition, thankfully. I also said that coercion is inter-changeable with rape these days. When it's fantasy and porn vs law, there will always be a difference. Violence and drugs are usually associated with rape as far as porn is concerned, but blackmail is not. You can list all the laws you want, but categories exist to differentiate certain types of pornography and law doesn't suddenly change a persons ideals or thought patterns. I'm not saying that if I did this I shouldn't be punished as if I raped the victim, because it's a douchey thing to do anyway, but when it comes to fantasy, there is a much broader line.
If we start getting super serious and literal, we may as well put these tags on anything loli (or loli sexualized):
child pornography exploitation of a minor child exploitation indecent liberty with a minor (there's plenty more)
and for some states, anal sex: crime against nature. xD
Let's start putting on all those porns of actresses playing out an interview and being coerced sexually to get a job in the rape category and see how well that goes over in the adult film industry.
Didn't agree based on definition, and Danbooru gave me the power to remove it for me. When it comes to hentai things, I'm allowed to have my own definition, thankfully. I also said that coercion is inter-changeable with rape these days. When it's fantasy and porn vs law, there will always be a difference. Violence and drugs are usually associated with rape as far as porn is concerned, but blackmail is not. You can list all the laws you want, but categories exist to differentiate certain types of pornography and law doesn't suddenly change a persons ideals or thought patterns. I'm not saying that if I did this I shouldn't be punished as if I raped the victim, because it's a douchey thing to do anyway, but when it comes to fantasy, there is a much broader line.
The animation's content meets the tag definition of rape. If you disagree, replace the tag with another other appropriate tag to indicate the non-consensual sex.
Guys, you literally went deep into a debate about the juridical definiton of rape and coercicion over a simple 10sec gif of Hatsune Miku being blackmailed to give a blowjob ? Holy sh*t. I love debating myself but that's not that deep.
Guys, you literally went deep into a debate about the juridical definiton of rape and coercicion over a simple 10sec gif of Hatsune Miku being blackmailed to give a blowjob ? Holy sh*t. I love debating myself but that's not that deep.
Better to play safe and explain the differences since Fortuna and lmotaku gave yellow flags.
Guys, you literally went deep into a debate about the juridical definiton of rape and coercicion over a simple 10sec gif of Hatsune Miku being blackmailed to give a blowjob ? Holy sh*t. I love debating myself but that's not that deep.
I just stopped replying 7 years ago. Some people get on a trip in their beliefs and it's best not to say anything at all and let them waste energy. I don't even know why they would get a yellow flag. I'm not going to blackmail, coerce, molest, or rape or anything like that, my own legal definition was different, because it's porn, not a courtroom. I'm here for pornography, not for advice in a court of law.
I just stopped replying 7 years ago. Some people get on a trip in their beliefs and it's best not to say anything at all and let them waste energy. I don't even know why they would get a yellow flag. I'm not going to blackmail, coerce, molest, or rape or anything like that, my own legal definition was different, because it's porn, not a courtroom. I'm here for pornography, not for advice in a court of law.
Careful not to hurt yourself when you fall off that cross.
