podbaydoor wrote:I believe then, the name of the piece is wrong. It's not a "rape" tunnel (since rape by definition does not include consent) it's the "sex conducted in a rough fashion" tunnel. This also means that if consent is withdrawn at the end of the tunnel, the artist must stop.
But the artist has declared he will continue regardless of what you do or say once going through the tunnel. In that case, it is still rape (unless you consent the whole way through).
Gelsamel wrote:Does anyone know the legality of contracts regarding rape?
This is coming from someone who knows 0% about actual law process... If someone signs a contract saying that a particular person can rape them (maybe as part of a fantasy or something, don't ask me what the motive would be here :-/) then that person goes ahead with it... can they then be charged with rape if it was stipulated previously that all consent upon signatory would be guaranteed?
Contracts must have "consideration"--in other words, a benefit to both parties. This is probably enough for *any* sexual contract to be technically classified as prostitution, which is a criminal offense in 49 1/2 states.
Legal remedies for breach of contract vary. The standard remedy, as with any tort, is that you sue and get your money back. If I have a contract to sell you 10,000 pounds of steel for $15,000 and I don't deliver the steel, you can sue me for maybe $30,000 all told. Courts *may* impel something called "specific performance", in which case the court would order me to deliver that 10,000 pounds of steel in addition to, or in place of, any monetary damages.
My best guess is that, if you even had a legally binding contract for sexual services, the prostitute would *not* be required by the court to render specific performance. The best you could get out of suing a prostitute who didn't fuck you was monetary damages.
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