Synopsis: Fictive story, which takes place some years in the
future. The story is partially based on a law proposal made by
the Socialist People's Party in Denmark. The proposal would
reverse the burden of proof regarding rape so it should be the
male that have to prove that he did not intend to rape a woman
and that he had her consent. This story deals with the legal
concerns regarding the rights of a person accused of a crime in
such a scenario.


Author: JensenDenmark

Title: Unintentional rape
=========================

1. In the court.
----------------

“Case number 2012-20553 and 2012-20554: Ann Schmidt against Jim
Narrow regarding unintentional rape and the state against Ann
Schmidt and Jim Narrows. Officer, what do we have here?”

“Both Miss. Schmidt and Mr. Narrow are 17 of age. The parents of
Miss Schmidt are on short holiday over the weekend. Last night
Miss. Schmidt went into town and danced most of the night in the
local disco. At 1 a.m. she invited Mr. Narrow home for tea. They
ended up in bed and intended sexual intercourse but Miss. Schmidt
changed her mind before it came so far. Regrettably they both had
drunk a lot and due to Miss. Schmidt, he did not react to her
saying no and trying to get out of bed. He took her virginity and
fell to sleep. She went to the bathroom where she remained for
the rest of the night until he left early in the morning. She
called a friend, who alarmed us. Right now she is in the hospital
to have some tests done.”

“So if understand it correct, several laws where broken. People
over 16 and still below 18 are not allowed to drink without adult
presence outside private homes and then there is the
unintentional rape charge.”

(Back in 2008 a new law was passed in the Danish parliament
regarding unintentional rape. If sexual intercourse had been
proven and either of the party claimed that it was
non-consensual, both parties are to attend a therapy session to
teach them of how damaging non-consensual sex can be to the
person upon it is inflicted and future unfortunate accidents can
be avoided.)

“How does Mr. Narrow plea to this charge of unintentional rape?”

“Sir. I am innocent. At no point can I remember that she was
denying us having sex. It is correct that she went to the
bathroom, but I thought it was because she was sick due to the
huge amount of alcohol and had to talk to the big china phone.”

“You mean that she had to vomit?”

“Correct Sir!”

“Listen. I am going to make provisional passing of the sentence.
Regarding case number: 2012-20554: Both Miss Schmidt and Mr.
Narrow are to report to the local juvenile centre and do one full
day of community service within a month because they were in town
using alcohol under the legal age of 18 instead of having it in
private. Regarding this offence, this is the final ruling.”

“Regarding the charge of unintentional rape – case number
2012-20553; you are both to attend a session, where you – Mr.
Narrow – can learn about the feeling of having non-consensual
sex. In order to secure that both Miss. Schmidt and you want the
session to be arranged as fast as possible you are both ordered
to wear chastity belts until the session is done. Officer. Would
you inform the hospital to fit Miss. Schmidt with a belt? The
next case – please.”

2. Fitting the belts
--------------------

Jim was by a court officer taken to a storage-room nearby where
he was measured and fitted with a belt.

“How are I going to be relief myself if the therapist does not
have a time in the next 14 days? I have read that the risk of
prostate cancer is increased with the semen is reabsorbed in the
body instead of being released.”

“That is correct. Here is an address-list of clinic, where they
can perform internal prostate massage (milking) in order to avoid
health risk. You have to go there once a week, because you would
properly not be trained in long-term denial. However, the waiting
period is not even a week if you can agree setting a date with
the other party. I have a brochure here about sanitation while
wearing a chastity belt. They are built of stainless steel with a
neoprene cover. They should be easy to keep clean.”

John left for home.

--

In the hospital Ann was waiting for the test result when a police
officer approached.

“I have been contacted by the court. Mr. Narrow did not agree
that he had raped you and because you had been socializing with
him until he attacked you, he was charged with unintentional rape
instead of conventional rape. It means that the burden of proof
would be lighter to lift but it also means that you both have to
attend a session, where you two of you have to talk the entire
event through.”

“But I have read it also means that I have to wear a chastity
belt until the session and it not fair. I am the victim here.”
Ann began to cry.

“That is correct if the story you have told us is correct. But
the law was changed and unintentional rape was introduced because
a lot of rapist was not convicted primarily because it was her
word against his. It became a problem that a lot of people were
inflicted with psychological marks on them. It also meant that a
lot people were free to continued inflicting pain to other
people. However, the burden of proof could not be entire reversed
because people legal rights also were at stake. I am so sorry but
the law is quite clear. I can take you over and get you a belt
after you have taken a shower.”

Ann took her bath number 100 this day but the dirt she felt could
not be washed off. And now she had to see the bastard once more.
It was so unfair.

When they were at the storage-room and the officer went to fetch
the right size of belt, Ann asked. “Why am I also made to wear a
belt? It was not me who attacked him.”

“Because some of the rape charges are made by ex-girlfriends,
which are angered by their boy-friends leaving them, these
precautions had to be introduced. We do not want a lot of false
accusations in court due to jealousy. By making both parties
wearing chastity belts, we are making sure that sessions would be
booked as fast as possible. Also people would think twice about
invent rape charges if they loose control of their sex-life for a
time.”

 “I still find it unfair, but I do not feel like having sex ever
so I can take it.”

“Here you are. I still have to point out that I am sorry that it
has to be done to you. I could help you by making an appointment
for you at the therapist if you give me some date and times, so
you do not have to call Mr. Narrow in person. Would you like me
to do so?”

Ann nodded and after the belt was on, the officer drove her home.

3. Therapy
----------

Next Tuesday they both went to the session.

Each session had to take place at the juvenile centre or a police
station if both parties are above 18 year. Because the alleged
victim had to be spared of the sight of the offender until the
start of the session, Jim had be appointed to meet at the centre
15 minutes before Ann was due to arrive.

He was followed to a waiting room until Ann arrived. Then he was
followed a meeting room.

“There is your chair. Take a seat. In order to level the
psychologically balance in the room the most powerful person has
to be restraint. Ann would be strip-searched so she can not carry
a weapon in here, so you should be safe.”

When Jim was tied up, Ann came in the room. She looked surprised
for a moment, seeing Jim in his restraints and took a seat.

The therapist welcomed them. “I am Mr. Jensen and I am your
therapist today. We are going to talk the entire night through
step-by-step. I know it would be painful for you, but we have to
find out exactly were you said no and Jim did not hear. We are
also going to take a closer look about the events and signals you
sent to each other before you went to bed.”

Ann explained how she attended the disco and how she during the
dance drank three beers. She had been tested for drugs and
luckily there were no signs. But the alcohol-test indicated that
she had drunk about 6-8 beers during the night. Mr. Jensen noted
that because he had to ask her where she drank the rest of the
alcohol.

“Where did you meat Jim?”

“I was just finished dancing with a girlfriend and sitting in the
bar, when Jim bought me a beer. We talked and decided to go to my
place because my parents were out of town.”

“Is that correct Jim?” Jim nodded.

“When we arrived at my place, we went to the living room where I
opened a bottle of wine from my parent’s wine-safe. I took out an
adult movie and we saw it together.”

Jensen looked in his notes. It did explain where the rest of the
alcohol came from. He had a question: “Why an adult movie?”

“I felt that Jim was the right kind of guy. Normally I do not
pick guys up. I was a virgin until that night.” Ann sobbed for a
minute and then got hold of her self.

“But my parents were out of town and stupidly I did choose to
take him home because I did not know when I would get the chance
once again.”

Jensen noted a few more things. “It is safe to assume that you at
that point did intend to have sex with him.”

“Yes or no. I do not exactly know what I had in mind. I wanted to
be together with him. But when it came to it, it was such a
profound impression that I became doubtful.”

“What about you. Jim? How did you experience the evening?”

“Ann is a lovely girl and I had not had a girl-friend for some
time. She acted as the only thing she wanted was a quick fuck. Of
course, I agreed to go home with her. Which kind of male would
not?”

“So you went home with her because you felt that she wanted to
have sex? She did not act insecure at some point?”

“No, she seemed very determent.”

“Ann. After the film, you went to your bedroom with Jim. Is that
correct?”

“Yes. And we climbed in bed together. We kissed and cuddled. Then
he stopped in order to take his condom on. I do not use
protection because I did not have a sex life until ……” Ann began
to cry.

“Here you are. Take this napkin. Continue when you are ready.”

“When I saw him putting his condom on, I told him that I would
not go through with it after all. But he seemed out of mind.”

“Jim. I know that they had performed a drug test on you and there
were no traces of illegal substances in you. But you must have
got at least about 8-10 beers or so in you at that point. What do
you remember at that point?”

“We saw the movie and went to her room. After a foreplay that
seemed to last forever, we finally got to business. I went on top
of her and satisfied her.”

“Did you remember her saying no?”

“Not exactly - She did try to tease me by turning her body and
twisting around. Some girls do play hard to get in order to
prolong the act.”

“You did not think about it as her saying no to sexual
intercourse?”

“No. Not at the time.”

“But now?”

“I have thought about it and I can see that she might – MIGHT -
have said no. But then – why did she invite me in her bed in the
first place?”

“That is the problem with the first time. It is also a problem
regard the different angles men and women have on sex. Said in a
simple way a male would take his chance to have sex with anyone
and any time if given the opportunity. Women are more set on
long-term relationships and would look for different things in a
partner than sex.”

“But she did say yes to go into bed with me.”

“According to the law she can say no until the time when your
penis enters into her vagina and you have to respect it. As I see
it the events of the evening include an unintentional rape as the
laws see it.”

“That is not fair. She had some pleasure from it. She did moan
from pleasure.”

“We would get to it in a few minutes. But I have to ask you once
more. Can you from her point of view see that she might feel
violated because you continued with sexual intercourse after she
had protested?”

“Okay – Yes. It is possible. But I do not think that I hurt her.”

“Then I can write that both parties have agreed that
unintentional rape is a possible verdict in this case. Let’s
proceed to the process of how a victim experiences non-consensual
sex. We have to get some furniture in here. I would call a guard.

4. Learning process.
--------------------

The door opened a guard wheeled a frame inside the meeting room.
Jim was released from the chair and told to undress. “Lie down on
your stomach. We are going to strap you down. Just relax. You
would not be hurt. It is a learning process.

When Jim was naked, liberated from the chastity belt and
positioned, it was Ann’s turn. “Please undress.”

“What? I am not going to undress with him in the room.” She
pointed at Jim.

“Please undress. It is necessary and it is for the good of your
mental long-term health. May I have the key for her belt?”

Soon Ann stood naked when Jensen produced a blindfold. Ann was
shocked. “Relax - it is for you Jim. Without the use of your
eyes, your other senses would be strengthened. We need you to
feel every inch of this process so you are more aware of your
partner’s reaction next time you decide to be with a woman.”

With Jim blindfolded, Ann was told to go outside the meeting room
for a minute. Outside in the hallway Jensen presented her for
something to wear. “What is this?”

“It is a strap-on dildo. The idea is that he did put you trough a
process of non-consensual sex. Now you are going to learn him how
its feel. I would be at your side all the time making sure that
you not hurt him by accident.” They went in again.

“Jim. How does it feel not to know what the next thing, which
would happen, is unknown for you?”

“I am not sure. What are you going to do?”

“Ann would perform a sexual intercourse with you.”

“But how can she do that? There is no room under me.”

“She can.” Ann stepped up behind him. “Put the tip against his
anus.”

“What! You can not do it. I am not a gay.”

“It has nothing to do being a gay. It is only rubber. How does it
feel not being in control when it comes to having sex?”

“I do certainly not like it. You have proven the point. Please
release me. I would behave in the future.”

“But you have not experienced the pain of being used. Ann:
Increase the pressure against his anus but slowly. Even if we
have lubricated the dildo well, we have to be careful not to hurt
him.”

Ann seemed worried. “The experience of having sex and not to want
it was horrible. I feel it bad putting Jim trough it even if he
did make me suffer.”

“I know that your mind is split about whether you should push
forward or we should leave it here. But he took something from
you that you can not get back. He would not learn about your
loss, if he does not experience a situation like yours himself.
You may not choose to go through with it, but I must warn you
that the anger you choose not to make use of now at some point by
your self can turn into a hate-feeling against your self for not
stopping him in time. It would be safer for your mental health if
you get it out of your system now by releasing the anger on
another person and Jim is handy right now.”

Jim was in pain. “It hurts. Please stop.”

“Ann: Is it not your exact words?”

“Almost - I tried to scream but I was too shocked by the
experience to do so.”

“Stop!” Suddenly the dildo slipped in. Jim made a grunt. “No.
Stop.”

“Ann: Now, we are going to leave you with Jim for 3-4 minutes
which is the average time for a sexual intercourse for newcomers.
Please notice the drawing of the male abdomen on the wall. If you
push deep enough you would massage his prostate and perhaps then
he also would get something from it too.”

Ann pushed deeper and deeper until she was all in. Then she
maintained the rhythm. The pressure of the leather against her
vagina made have a funny but pleasant feeling.”

Suddenly semen appeared from his penis. “No. I am not a gay. This
can not happen.” Jim began to cry. Ann stopped.

Jensen came into the meeting room again. “I can see that you have
milked him. Jim: It is a natural reaction to a massaging of the
prostate. Ann: Pull out slowly and go into the shower and clean
yourself. Jim: I am going to insert a butt plug so you do not
soil the floor. You can take it out in the men’s toilet and
shower afterwards. We would all meet back inhere when you are
finished and discuss the final document which have to be sent to
the court.”

Half an hour later the document was finished. Jim confessed to
the rape and agreed to take therapy lesson in order to get off
with a week of community service as it was custom in these cases.
Ann also got ordered to take counselling in order to control her
alcohol intake so the normal intake during a week a Danish woman
would consume - 14 beers - would be spread out over the week.

5. Aftermath
------------

Back in court the judge agreed to the recommendations in the
document. As he read it for his secretary:

“Case number 2012-20553: Ann Schmidt against Jim Narrow: Jim
Narrow had pleaded guilty of unintentional rape. He would serve 5
days of community service and attend classes regarding body
language and social interactivity. This is the final ruling.”
