MovieChat Forums > Mysterious Skin (2005) Discussion > was 'the rape' truly rape? -Comments wel...

was 'the rape' truly rape? -Comments welcome


I was just thinking about "the rape", and was wondering if it can truly be considered rape. I mean if Neil wanted to press criminal charges could he? I'm not to sure. I mean the legal definition of rape(from the u.s department of justice website) is as follows:

Rape - Forced sexual intercourse including both psychological coercion as well as physical force. Forced sexual intercourse means vaginal, anal or oral penetration by the offender(s). This category also includes incidents where the penetration is from a foreign object such as a bottle. Includes attempted rapes, male as well as female victims and both heterosexual and homosexual rape. Attempted rape includes verbal threats of rape.

Now of course by this definition, it was indeed rape, seeing as though it was forced(we know that because we saw the entire situation/movie unfold.) We know about Neil's tragic childhood because we saw the movie, BUT WHAT IF this was a trial, and we were jurors? We weren't there, we didn't see what happened from beginning to end, all we know is that Neil claims to have been raped. From the definition above ^, it's an open and shut case. He forced himself onto Neil. But wait, the Defense will of course throw a wrench into that theory of "forced sexual intercourse". I mean look at the situation from the p.o.v. of the defense:

Neil is a prostitute who WILLINGLY got into the defendants vehicle, and went to the defendants home with ALL INTENTIONS of having sexual intercourse. While @ the defendant's home, Neil snorted cocaine WILLINGLY, and WILLINGLY removed his clothing and proceeded to have sexual relations/interaction with the defendant. Though the interaction was aggressive, up to this point there were NO objections on Neil's behalf. So okay fine, he did excuse himself to "use the restroom", where he had ample time to do what he had to do. The defendant came in (he didn't break in did he? i mean it is his house, bathroom and lock) and they proceeded to have AGGRESSIVE (but not forced) intercourse. Neil never yelled, asked for help, or resisted. There was no verbal threat to his life or the lives of his loved ones, he simply just went along with the situation.

Now of course the defense would have to come up with a logical explanation for beating neil with a shampoo bottle, but they can say that Neil was into that(people are into all kinds of *different* things).

Bottom line, i'm just saying that if this was real life and went to trial, the "rapist" would probably get off. (so to speak) I mean, i'm sure the defense would bring up Neil's life style and call him a drug abusing prostitute-hardly a model citizen or typical "victim", and Neil wouldn't stand a chance. Which is probably why in the film, he seems to bounce back so quickly. To have been "violated" just 24 hours earlier, he seemed fine, if not somewhat jovial when breaking into the coach's former house and swiping cookies.

I don't know, perhaps someone disagrees? I have no problem with hearing anyone's objections/opinions...

Ojos que no ven, corazón que no siente.
What the eyes do not see the heart does not feel.

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Yes, it was. He went to the bathroom to get away from the guy and the guy came after him with a knife. It matters not that he went there willingly, even if his original intent was to have sex with him. He was forced into it under duress. That is rape, friend, and your defense of it is a bit sick.

And you don't know that the rapist would get off. That would depend on a lot of factors, but legally speaking, he would have been mostly responsible for the situation.

$§ "You don't win. You just do a little better each time." ~o~

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When a person is molested/raped over a period of time they tend to go into a robotic mode. Meaning they pretty much just blank out. By the time they start doing this it's happened enough times that they just don't fight it anymore. They know it's useless to fight. So the brain kind of takes a vacation. So to speak.

So yes even if it looks like they're accepting what's happening it can still be considered rape if they say no or try to stop it in anyway. People have the right to change their minds. Even if they are a prostitute.

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[deleted]

I think a better title would of been was the rape legally rape since people seem to get confused. (obviously it was rape, asking if it was rape would be a stupid question)

So, the real question: Legally would it be considered rape?

Like someone before said, the jury sadly doesnt always sympathize with a prostitute, especially a gay one. Gay rape still is considered "taboo" and the average person can't always wrap their head around the fact that not all males have the physical strength to fight it off. Look at all the rape that happens in prisons, hardly anyone gets punished for it and people just don't seem to care.
Another reason why the jury might not rule that it was a rape is the fact that Neil was drugged. I can't remember exactly, it was cocaine or something that the rapist made him sniff? It's hard to rely on the word of one person against another with no physical evidence, especially the word of someone who was drugged at the time.
Unless he went to the hospital right afterwards I hardly see Neil winning in a legal case like that.

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My comment is that your subject heading is a great big spoiler! Now I know there will be a rape (or 'rape') in the movie.
:(

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Yes. I know Neil had been on the game for three years, but I think up to that night in New York he'd got it easy. Backrubs, blowjobs and a bit of *beep* I don't think he'd actually been *beep* And I don't think he was expecting it. "There's some things I don't do" - That was more than a quick excuse off the top of his head to get away from the rather notably *forceful* john. The fact was that this aggressive and obviously painful anal sex wasn't something Neil wanted to do. However, it was done, with the john being the one who initiated it, therefore it was rape. Rape isn't simply forcing sex on someone, it's making the sexual partner do something (sexual) that they're not willing or ready to do. The way he locked himself into the bathroom to calm down was a clear sign he was at least unready for what the john wanted to do.

(By the way, just for clarification, I'm not having an argument with you! I'm just venting! D:)
But... "Neil never yelled, asked for help, or resisted"? Maybe one prefers the term 'yelping like a beaten puppy', but that sounded a lot like cries of pain to me. He wouldn't ask for help, there was no one to help him, that's the grim, helpless truth of it. He couldn't resist, that john was a beast! He was scared.

At the end of the day it was rape. At the end of the day the john would probably be persecuted anyway for knocking the poor boy into unconsciousness. He beat him up fair and square.

But then, speaking of court, there's the matter of Neil being a prostitute. That's also illegal.

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Can't tell if OP stupid or just trolling. Clearly it was rape... the fact that Neil was breaking the law by prostituting doesn't suddenly make rape legal, like, it's OK if you rape prostitutes.? OMG, if you thought you were having sex with someone and started beating the ever-loving crap out of them and they were fighting for their life I sure hope you'd realise you were raping them and not have to jump on IMDB to do a survey about it. Sheesh.

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[deleted]

Neil wasn't by legal or technical definition "raped". Rape is defined as coerced vaginal intercourse by means of penile or object penetration. He was actually sodomized. Sodomy is a verb or term defined as the act of coerced ANAL or ORAL penetration.

Speaking on a more opinionated opposition, I do personally believe he was sodomized. And for many reasons. First off, just because he engaged in sexually promiscuous behavior it does not give ANYONE the right to force themselves on him. Neil clearly said no to the assailant and the assailant continued to proceed, and not to mention in a very degrading and highly aggressive manner. secondly, the man not only anally penetrated him but began to beat him with an in-adamant object rendering him unconscious. There isn't any mistake here. What happened to Neil was awful and a very clear violation of his physical and emotional well being.

As for the issue of whether or not it would hold up in a criminal proceeding. There really isn't a way to gauge what the outcome of that would be. Rape and sodomy are very difficult to prove in a court of law. The OP is quite accurate in their pondering of whether or not a jury or even judge for that matter would question the victim's credibility as he was a highly sexually active and promiscuous gay young man. People are ignorant, what can we say? HOWEVER if the DA could collect enough evidence (maybe a little backround check on this pedophile) they might be able to present the court with a half decent case. Rape and sodomy is unfortunately very common and hopefully the judge of jury would be sympathetic enough to enter in a judgment of guilty. But again, this is very hard to say. What I can say is if I was a judge of member of the jury in a case such as this I wouldn't even hesitate to rule in favor of the DA. And then I hope the c o c k sucker fries in hell.

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Poor Neil. I felt sorry for him

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He didn't take the cocaine (or whatever it was) willingly, though. He had a thoroughly disgusted face before he did. Then the guy started whacking him over the head with a shampoo bottle while doing something he was explicitly told not to do. I don't care who you are, even if you are a prostitute, there are boundaries. If you step over those boundaries, it's rape. Plain and simple.

If this went to court, sure, if you can't prove that it was rape, then the rapist will walk. Then again, if you can't prove murder (even if you know in your gut the person did it), that's the justice system.

Regardless of how it would hold up in court, it's truly rape. Nothing will change that.

"Anyone can hurt anyone. Haven't you realized that?"

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