If a 5 year old has sex with an unconscious adult, who is the rapist? - Neither of them can legally consent...

Nekromantik2 said:
Wasn't this a plot line in a stupid furry webcomic, and it turned out to be caused by a brain tumor.
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Yes. Concession, written/drawn by Immelmann (whose fetish is fetishes). Kind of surprised he never got a thread (EDIT: did have some mentions, but not seeing a dedicated thread)
 
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Fangsofjeff said:
It's a fucked up five year old who's probably been raped, yeah. But that's not the point. The point is: who's legally responsible? Is the unconscious guy a kiddy diddler and the kid a victim, or is the kid a rapist and the adult a victim of a weird little psycho? Or are they both victims? Being a past rape victim shouldn't excuse the kid's actions imo.
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I would argue that it was the original rapist(s) of the 5-year old who raped the sleeping adult and the child is just an accessory to rape.
Obviously a rape occurred and neither the child nor adult are responsible but you can't just write something so serious off as "shit happens".
 
Billy "the Bot" Bobson said:
The child should be taken by CPS and interred in a psychiatric facility and the legal guardians held liable for child abuse and sexual assault.
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1. CPS never makes anything better in any situation it's involved in. Neither do psych wards.
2. An investigation should be done, though. I don't think the child can possibly be held completely responsible, as at 5 a fair number of parents haven't even explained anything about the birds and the bees or "bad touches". I would immediately start looking at any babysitters, any other relatives (uncles/aunts, possibly older siblings, things like that) as well. Most molested children were molested by a relative or close friend of the family - someone the parents likely trusted.
 
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Homoerotic Cougar-kun said:
1. CPS never makes anything better in any situation it's involved in. Neither do psych wards.
2. An investigation should be done, though. I don't think the child can possibly be held completely responsible, as at 5 a fair number of parents haven't even explained anything about the birds and the bees or "bad touches". I would immediately start looking at any babysitters, any other relatives (uncles/aunts, possibly older siblings, things like that) as well. Most molested children were molested by a relative or close friend of the family - someone the parents likely trusted.
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1. This is the correct answer given the legal limitations. I make no delusion that CPS or psychiatric facilities actually function in the manner they are supposed to. You just can't hand over a child who has done something so drastically out of character to family members and think it will be fine. A child that broken ought to be rehabilitated in a proffesional manner. The problem is this particular system, not this answer. Fix the system, you'll solve the problem, but that isn't what is being discussed.
2. This is assuming the OP's question is direct: the child did not just "bad touch an unconcious adult" but intentionally incapacitated the adult and raped them. The answer I gave was for just this very specific issue, meaning regardless of the wider context of the child. I would assume CPS, functioning properly, would investigate every possibility and angle and charge anyone who abused the child, and by extension also charge them with being responsible for the sexual assault of the adult.
 
SkeetNYeet said:
I would argue that it was the original rapist(s) of the 5-year old who raped the sleeping adult and the child is just an accessory to rape.
Obviously a rape occurred and neither the child nor adult are responsible but you can't just write something so serious off as "shit happens".
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But what if the original rapist was also raped? Is the original rapist's rapist the true rapist? 🤔

Also, not every kid is fucked up because of abuse. Statistically, there must be kids out there who are little psychopaths for no good reason. I'm sure it's very rare though.
 
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Fangsofjeff said:
But what if the original rapist was also raped? Is the original rapist's rapist the true rapist? 🤔

Also, not every kid is fucked up because of abuse. Statistically, there must be kids out there who are little psychopaths for no good reason. I'm sure it's very rare though.
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Was the original rapist also a child? If not then they're still at fault, if so then there's a more serious issue going on.
Well if the kid consciously raped the adult then the kid would be at fault but no one would actually believe the adult. And even if they did believe the child to be a rapist the adult would have to take the punishment just so pedophiles don't get any sort of argument against their abuse.
 
Not that different from when a child murders an adult, if you think about it.

They taken to facilities where they are hoped to receive psychological help and then are released when they are adults/deemed fit to live in society.

The adult is on their own, though I'm sure they're recommended to get therapy.
 
Fangsofjeff said:
It's a fucked up five year old who's probably been raped, yeah. But that's not the point. The point is: who's legally responsible? Is the unconscious guy a kiddy diddler and the kid a victim, or is the kid a rapist and the adult a victim of a weird little psycho? Or are they both victims? Being a past rape victim shouldn't excuse the kid's actions imo.


Ahh shit, you doxed me.


It doesn't matter if it's a seventeen year old or a newborn. It's a hypothetical situation.
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A hypothetical situation borne in your head, and shared here. Hmmm.
 
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