Is it rape? He consented to penetration but not orgasm...

[Guest]

In this article, porn star Tegan Zayne accuses fellow star Topher DiMaggio of raping him, although if you read what he says, it looks as if he consented to be penetrated, but on the condition that Topher didn't cum in him, which he did. I'm not sure that constitutes rape, either legally or morally. What's your opinion?

"Zayne claimed that he told his co-star: “Just don’t cum in me,” but that DiMaggio did so anyway."

 

https://www.pinknews.co.uk/2018/01/23/gay-adult-film-star-tegan-zayne-has-accused-co-star-topher-dimaggio-of-raping-him/

[big-n-tall]

Topher has been accused by more than one guy of rape.

https://str8upgayporn.com/topher-dimaggio-rape-sacramento/

 

From what I read, he was temporarily suspended by Andrew Christian (his employer) while there was an investigation of the accusations. I don't know what came of the whole situation.

 

Personally, if Teagan never told Topher he wanted to be fucked... told him no... and Topher proceeded anyway, it is rape. Even if Teagan said, "don't come in me." I have read cases where women begged their rapists to wear condoms because they didn't want to be impregnated. In this case, I think Teagan feared catching something infectious.

 

https://www.telegraph.co.uk/women/womens-life/11988384/Rape-Sexual-consent-doesnt-hang-on-a-condom.html

[+ nycman]

Sounds like the guy is an asshole....but I wouldn’t classify the given scenario

“dude you can fuck me.....just don’t cum in me......oh fuck you came in me”...as rape.

 

When you let a man put his penis inside you...only a moron doesn’t think

there’s a possibility that he’s going to cum inside you. I think we have to

be very careful when we start broadening the definition of “rape”.

 

Rape is sexual assault....not just a sexual partner...who happens to be an asshole.

 

To make the ad absurdum argument...what if I say “you can fuck me as long

as you don’t touch my balls”...and in the heat of the moment you forget and

touch my balls....is that rape?

[+ bashful]

I'm sure there has to be men who told a woman not to worry, they'll put out before they cum...but didn't.

[TruthBTold]

No, it is not rape. Of course, you would have to check the definition of sexual assault (or rape) under the state but consenting to the penetration with or without ejaculation is not sexual assault. For instance, in Illinois "A person commits criminal sexual assault if that person commits an act of sexual penetration and:

1. uses force or threat of force;
    
   
2. knows the victim lacks capacity to give consent;
    
   
3. is a family member of the victim and the victim is under 18 years old;
    
   
4. is at least 17 years old, holds a position of authority or trust over the victim, and the victim is between 13 and 18 years old.
   

It does not matter if the violator ejaculates or not. There is no defense to the rape statute that the person did not ejaculate. I think that because sexual penetration is an element of the statute only a man can be charged with sexual assault. It seems that a woman would be charged with sexual abuse.

[TruHart1]

If Mr. Zayne develops an STI and is able to prove that he was completely clear prior to Mr. DiMaggio's ejaculation into him, he'd perhaps be able to find a good lawyer who might make a strong civil case for him. Otherwise, his consent to penetration makes it impossible to call it rape, even though DiMaggio has a past history of rape allegations.

 

TruHart1

[RM]

If he didn't want ejaculation he should have said use a condom or no way.

[+ Reisr30]

Perhaps I’m biased but didn’t he initially say no. It should have stopped right there. When I was much younger and starting to come to terms with being gay I went on a date with a guy I met on an online dating site. We went back to his place had a few drinks and ended up in the bedroom. I remember saying no when he flipped me over but I was pretty drunk. I think I said no again as he put on a condom and I realized what was about to happen but couldn’t get free and when it was over just remained frozen in place. I remember waking up in the morning and he acted like it was no big deal. I went home and was sick to my stomach. Took me a couple of years before I considered even having dinner with anyone. So, it doesn’t matter to me if he changed his mind and changed it back; if he said no then it should have stopped...

[RM]

You' re reminding me of an experience I had long ago. I met a guy and went to his home. He got out his vibrator to use on me. I thought yuck, and went home. I met him again few months later. We went to his home, he got out the vibrator again, and I immediately went home again.

[+ GregM]

Anyway you slice it, NO means NO. Mr. Topher needs help and maybe a good ass beating. If he were representing my brand I would drop him. I hope someone has the courage to take this to court.

 

Hugs,

Greg

[marylander1940]

Topher has been accused by more than one guy of rape.

https://str8upgayporn.com/topher-dimaggio-rape-sacramento/

 

From what I read, he was temporarily suspended by Andrew Christian (his employer) while there was an investigation of the accusations. I don't know what came of the whole situation.

 

Personally, if Teagan never told Topher he wanted to be fucked... told him no... and Topher proceeded anyway, it is rape. Even if Teagan said, "don't come in me." I have read cases where women begged their rapists to wear condoms because they didn't want to be impregnated. In this case, I think Teagan feared catching something infectious.

 

https://www.telegraph.co.uk/women/womens-life/11988384/Rape-Sexual-consent-doesnt-hang-on-a-condom.html

 

In the straight world the equivalent to this would be a woman telling the guy to "pull out" and he doesn't... Is it rape?

[TruthBTold]

Perhaps I’m biased but didn’t he initially say no. It should have stopped right there. When I was much younger and starting to come to terms with being gay I went on a date with a guy I met on an online dating site. We went back to his place had a few drinks and ended up in the bedroom. I remember saying no when he flipped me over but I was pretty drunk. I think I said no again as he put on a condom and I realized what was about to happen but couldn’t get free and when it was over just remained frozen in place. I remember waking up in the morning and he acted like it was no big deal. I went home and was sick to my stomach. Took me a couple of years before I considered even having dinner with anyone. So, it doesn’t matter to me if he changed his mind and changed it back; if he said no then it should have stopped...

 

It could be if the fact finder finds that you were too drunk to actually consent to anything.

[TruthBTold]

In the straight world the equivalent to this would be a woman telling the guy to "pull out" and he doesn't... Is it rape?

 

I do not believe this would be rape. The actual sexual assault is the forced act of penetration. If someone does not object to the penetration but only whether you ejaculate or not I do not believe it would be rape.

[marylander1940]

I do not believe this would be rape. The actual sexual assault is the forced act of penetration. If someone does not object to the penetration but only whether you ejaculate or not I do not believe it would be rape.

 

A guy/girl could change his mind and ask someone to stop, from that moment on is rape.

 

"Please pull out", and the guy doesn't... I'm sure it could make it to Court unless is nothing but a publicity stunt. When Tegan told him to pull out, did he say yes or just ignored him?

 

Are there any further risks from someone cumming in the ass or vagina and therefore justifies a request of coming outside.

 

When you're fucking someone do you have the right to cum inside even if he or she asks you NOT to do it?

[+ GregM]

I do not believe this would be rape. The actual sexual assault is the forced act of penetration. If someone does not object to the penetration but only whether you ejaculate or not I do not believe it would be rape.

 

Firat word was no. End of story.

 

Hugs,

Greg

[Aquarionsol]

Sounds like the guy is an asshole....but I wouldn’t classify the given scenario

“dude you can fuck me.....just don’t cum in me......oh fuck you came in me”...as rape.

 

When you let a man put his penis inside you...only a moron doesn’t think

there’s a possibility that he’s going to cum inside you. I think we have to

be very careful when we start broadening the definition of “rape”.

 

Rape is sexual assault....not just a sexual partner...who happens to be an asshole.

 

To make the ad absurdum argument...what if I say “you can fuck me as long

as you don’t touch my balls”...and in the heat of the moment you forget and

touch my balls....is that rape?

 

I do not believe this would be rape. The actual sexual assault is the forced act of penetration. If someone does not object to the penetration but only whether you ejaculate or not I do not believe it would be rape.

 

https://www.psychologytoday.com/us/blog/the-mysteries-love/201803/why-agreement-sex-is-not-consent

https://powertodecide.org/sexual-health/your-sexual-health/articles-about-healthy-sex-life/was-it-rape-thinking-about-consent

 

Sexual Assault, the umbrella term for all sexual violence, is generally understood as a coerced or forcible unwanted non-penetrative sexual contact.

Rape on the other hand would be the coerced or forcible unwanted penetrative sexual contact.

1) It sounds like Mr. Zayne was being coerced into having sex that he did not want.

2) Mr. Zayne consented only to being penetrated not to be ejaculated into.

3) Mr. DiMaggio was being sexually deceitful by allowing Mr. Zayne to believe he would not ejaculate inside him.

 

Mr. DiMaggio definitely violated the limits that Mr. Zayne said he was willing to go. I would say he was raped, with todays standards, especially if the act took place in a state with Affirmative Consent Laws. At the very least he was definitely sexually assaulted. Obviously every person is different that is why the sexual partner matters in these cases matter because not every sees things the same way. Look what happened to Bill Cosby and Harvey Weinstein. So if he says don't touch my balls you best not.

[TruthBTold]

A guy/girl could change his mind and ask someone to stop, from that moment on is rape.

"Please pull out", and the guy doesn't... I'm sure it could make it to Court unless is nothing but a publicity stunt. When Tegan told him to pull out, did he say yes or just ignored him?

Are there any further risks from someone cumming in the ass or vagina and therefore justifies a request of coming outside.

When you're fucking someone do you have the right to cum inside even if he or she asks you NOT to do it?

 

I agree with you that the rape would come once consent to penetration is withdrawn. From then on you are raping the person. However it is not the ejaculation that makes it the rape but rather that you are penetrating without consent. If you say you allow me to penetrate you but do not want me to ejaculate in you and I penetrate but ejaculate I have not raped you. Unless you insist I end penetration and I do not. Then it is rape. I suppose it might be like if you tell me that I can penetrate you but only if I kiss you while I am fucking you. Then I penetrate you but just don't kiss you I am not raping you unless you specifically state something akin to "Stop, get off me" or such. The fact that I failed to kiss you after I had penetrated you does not make it rape.

[+ Seaninsf]

I can't help but see similarities to "stealthing", whereby sex is consensual with the agreement that condoms will be used and one party, unilaterally and unbeknownst to the other, removes the condom at some point during sex, sometimes even cumming inside their partner.

 

I believe this has been prosecuted as rape in some countries, although I'm not certain whether the prosecution ended in conviction.

 

As someone said in this thread, this seems to at least meet the definition of sexual assault, if it does not meet the standard of rape.

[Guest]

In my opinion, the final word is what determines consent. If a person says yes, but then says no or stop, then the consent is withdrawn, and further sexual activity is rape. Conversely, if someone says no, but later changes this to yes, then consent is given, and it's no longer rape. I cannot imagine why a porn star would not be on PrEP, especially if he allows himself to be bare-backed. Counting on someone simply not cumming in one's rectum is just plain foolishness in my view. To call this situation rape, in my view, borders on slander, regardless of what a sleazeball DiMaggio may be.

[TruthBTold]

I think that the when stealthing is involved you are getting closer to rape because the consent itself was conditioned on wearing a condom. If you take off the condom without notifying the partner prior to doing so you have removed the consent. The person that removes the condom commits a voluntary act (I presume that accidental removal is not stealthing). Promising not to ejaculate on the other hand would be infinitely harder to classify because ejaculation is often involuntary and uncontrollable. The bottom has allowed penetration (I am assuming without the top using a condom) and therefore I can't imagine that both parties do not assume the risks of ejaculation. However, if the top agrees to wear a condom then it definitely wanders into the stealthing category.

 

This was on Wikipedia: In UK law, consent to a specific sex act, but not to any sex act without exceptions, is known as conditional consent. In 2017, a Swiss court convicted a French man for rape for removing a condom during sex against the expectations of the woman he was having sex with. A 2014 a Supreme Court of Canada ruling upheld a sexual assault conviction of a man who poked holes in his condom. It also noted that in 2017 an Australian court is now underway considering stealthing.

Edited July 4, 2018 by TruthBTold

[Guest]

Yes, I agree that if someone agrees to sex with a condom only, then secretly removing the condom or putting holes in the condom should constitute sexual assault. But I also agree it's a bit nutty to simply expect someone who's in bare not to cum, plus the pre-cum will have contagious organisms in it anyway.

[BabyBoomer]

He's back.

 

https://bananaguide.com/article/106571/topher-dimaggio-returning-to-porn

 

~Boomer~

[rossthebosssf]

He's working for Treasure Island Media. Pretty much the bottom of the barrel in my opinion. I do not find their videos sexy at all. A good place for him.