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

was 'the rape' truly rape? -Comments welcome

posted 17 years ago by missdestinyjade
110 replies | jump to latest

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.

[–] franzkabuki 10 years ago

"The defence 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".

Yeah I'm sure there are plenty of folks out there who enjoy being beaten into a bloody, senseless pulp every now and then lol.

In other words, the guy would be found guilty of assault and battery - and from there on, a conviction of rape is just around the corner.

"facts are stupid things" - Ronald Reagan

[–] MadRotaryOne_DDCgod 10 years ago

Neil is a prostitute who WILLINGLY got into the defendants vehicle, and went to the defendants home with ALL INTENTIONS of having sexual intercourse.

OK, let me get this straight. You are saying that if a guy picks up a girl in a bar, and then brings her home, then they even take their clothes off, AND they even start to have sex, that if the girl changes her mind, for whatever reason(maybe he has bad breath) but
the guy holds her down and keeps going anyway, you are saying that is OK!?! REALLY!?!
Because what I just described is NO different than what a prostitute would go through.
Just becuase There was some intent to have sex, EITHER party can decide at any time to say NO I don't want to continue this. If the other person keeps going forcefully, than its RAPE, PERIOD. End of Story...

[–] mhenderson22 10 years ago

He may not have asked for it, but in his line of business- it was bound to happen. when you put yourself out there like that and take on that kind of profession- that is something that is more then likely going to happen to you. The rape was WRONG, but could have been avoided or the likelihood GREATLY reduced if he wasen't working as a hooker and going to strange men's homes and cars- it's a crazy risky thing to do.

[–] MadRotaryOne_DDCgod 10 years ago

He may have been more selective about who he took on as a client, but
there isn't anything wrong with prostitution. It shouldn't even be illegal.
What someone wants to do with their body is up them. Just like abortion
is legal, so should prostitution. Usually if it's a woman, they have an escort
service look out for them, so they know where they are at all times and can check
in to make sure they are ok. He shouldn't have been doing it on his own. At
least should have had someone that he told where he was going, that way if he
didn't check in they would know something wasn't right.

But if you want to go that way, the way you are talking, you might as well say the
same as a cop. If a cop choses to put him or herself in that position of danger by
doing what cops have to do, then you might as well say that when a cop gets shot
and killed then say "oh well, he/she was a cop, it was bound to happen", and then
all the crazy cop funerals shouldn't happen either, just a regular funeral like
any body else would have. That's basically what you are saying. And don't come back
and say well cops are a regular job, cause like they say, prostitution is the
oldest profession.

[–] AtheistRevolution 9 years ago

Prostitutes get raped all the time because they won't be believed or they're treated as disposable. The quickest way to end that is legalizing it like in Europe. Yea it was rape.

Religion is regarded by the common people as true, by the wise as false, and by rulers as useful.