I agree we need to rewrite the definition of “nonconsent,” but I think the Stanton case could have done with some creative prosecution. The woman would have been confined illegally or her children illegally taken. Arguably, that’s kidnapping.
When I was raped, I didn’t resist at all, and that was known to the jury. The jury convicted him anyway. This was under the old rape statute rather than the sexual assault statutes, but I don’t think that makes a difference. The jury convicted him on the grounds that my consent was not being sought.
It would be impossible to list all the threats a wannabe rapist could come up with. The definition should be rewritten along these lines. Did the victim freely consent? Would the accused have cared if he knew she didn’t? If both answers are “no,” it’s rape.
— Pam Siegfried