MovieChat Forums > 40 Days and 40 Nights (2002) Discussion > Can we settle the sexual assault subject...

Can we settle the sexual assault subject once and for all?


I would argue that it is impossible for a female to literally rape a male in real life (not talking about the film yet)--a female cannot force a male to have an erection and it would be plenty difficult for her to hold him down and bounce on top of him. I could see how a female could penetrate a male with a foreign object in his anus and THAT would be a violation.

In the movie, Matt could not give consent. He was incapacitated and was unable to give consent, let alone he was unconscious and drunk. Therefore, Nicole raped him--she forced him to have sex without consent. She took advantage of him. He did not say yes.

If it were Nicole tied to the bed drunk and it was MATT who snuck in and forced his penis in her vagina, then it would be rape.

What's the difference? A person forced another person to have sex without consent, REGARDLESS OF THE GENDER.

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Erections are an involuntary response to stimuli. It can be influenced by thoughts, but the physical stimuli from foreplay, along with the anticipation of sex, tend to override any thoughts of not wanting to do it. You won't have any choice in the matter of becoming erect or not.

And while women generally are weaker than men, that doesn't apply to everyone. A women who is naturally strong and/or works out has a chance of overpowering a man who is naturally weak and/or doesn't work out. And if it's a group against one, obviously the chances are in the groups favor.

And even then, female rapists can just as easily use the same playbook male rapists use. Date rape drugs, blackmail, threats of death such as being held at gun point, catching them while they are asleep like shown in the movie, or even waiting until they are majorly drunk, then taking advantage of their target, like what happened to that girl in Steubenville.

At any rate, rape is rape. What happened to Matt was rape, plain and simple. Penetration into the victim should be what defines rape, the lack of consent to sexual intercourse should be what defines rape. Only reason many laws define rape as that is because most of those laws were written with only women in mind. Then there are these social stigmas, stereotypes, and double standards that make people think a woman raping a man isn't possible and if anyone comes forward and says a woman raped them, they get ridiculed when they should be helped. Movies like this that play rape for laughs don't help though and just set gender equality back a few years, maybe even a decade.

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Penetration without consent equals rape- do even oral sex can be rape

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Women who are raped often experience both arousal and orgasm as a survival response. If it is an unwanted, forced sexual encounter, it is rape. Arousal is not consent for a man or a woman.

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The dictionary definition of rape is a sexual assault that involves penetration (of a dick, a foreign object, digits, whatever).

Since the girl did not penetrate the dude, she did not rape him. She assaulted him, but not rape him.

Hope that clears things up.

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She penetrated him.

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The dictionary definition of rape is a sexual assault that involves penetration (of a dick, a foreign object, digits, whatever).


That is an archaic definition. Join us in 2015. Even the courts are realizing how stupid and useless that definition is.

She raped him. Plain and simple.

Switch the genders around and then maybe you'll see how disgusting this "romantic comedy" actually is.

Can't stop the signal.

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[deleted]

Should she be punished and jailed and for how long?


Um, yeah. And for whatever long the standard sentencing for rape is.

What if the guy refuses to press charges and forgives her in a role reversal way to the nun in Abel Ferrara's "Bad Lieutenant" (1992)?


That's fine. Victims forgive their assailants all the time. Doesn't mean they don't go to jail.

Let's be bad guys.

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[deleted]

Yes, but what I really mean is - how much would you like for her to be sentenced to jail for it


I answered that.

if the guy forgives her and does not press charges,


The state can press charges regardless.

how will she then be charged and discovered for committing the act and how would she go to jail if the guy DOESN'T press charges.


You mean if he doesn't say anything to anyone ever? Well then she'll never charged, of course. The police and DA are not psychics nor do they have access to the pre-crime technology from Minority Report.

What if the ACTUAL reason for why the guy doesn't press charges against her and send her to jail would be that, even if he really DOES feel that what she did was wrong, he doesn't want to ruin her life because of a jail sentence for this,



I am not in favor of letting rapists get off free because it might "ruin their lives."

By the way PreachCaleb, if a girl like that did it to you, would you forgive her or kill her? Thanks!


Neither. Jesus Christ, what is the matter with you? Why are those the only options in your head?

You're quite the creative troll; I'll give you that.

Let's be bad guys.

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True, but you didn't quite expand on it nor give specifics. If it was, say, 2 years would you, personally, be happy?

And what obligation does the state have to press charges if the victim doesn't?

True, but what I mean is, how mad would you be about it?

It is actually known and believed, including by law, that there are different levels of rape and different ways in which it affects different people differently. However falsely, there are people who believe that female on male rape is not as serious if genders were reversed and the motivations themselves may be different. Plus, if people may, unaware, injure or kill others, how come in sex there cannot be such grey areas? Say if that girl had her life ruined in jail for that, would you feel sorry for her despite her deed?

(I'm not saying I agree OR disagree with ANY of this, am just a little curious.)

OK, these are not the only options, but then again, if by some miracle she does not get charged and arrested for it after you reported her, what would you do?

I don't intend to be a troll here or annoy anyone, sorry if I come across that way.

The greatest trick the Devil has ever pulled was convincing the world he didn't exist!

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Also, if I told you all the ACTUAL reasons behind me asking these questions, and in context of THIS scene in the movie - and even what my line of "would you forgive her or kill her?" ACTUALLY entails, you will probably think of me as a bad guy and a defender of this crime when I have no such intentions at all.

Also, I want you, Mr Preacher, to think REALLY hard about, again, in the context of this scene, your words of "I don't care if guilty people like her might get their lives ruined by a jail sentence".

Because sometimes what goes on in jail goes way BEYOND prisoners being justifiably punished.

If you put yourself in the shoes of the character and you send Nicole to jail, she suffers some kind of horrible torturous deed and then kills herself, would you be able to live with your conscience given that you have SOME kindness by suggesting that you may not even kill her yourself IF the law fails to prosecute her?

What if your girlfriend whom you LOVE and even love to have sex with does it to you but it does you no harm beyond there being say an absence of consent - would you take her to jail?

Cause I dare say, if I had a girlfriend and she did it to me, I am still NOT entirely sure what I will do.

Its good and well that these laws exist, but how good are they in ALL circumstances?

Also, would you send your girl or wife to jail if she steals from you? However long she gets?

I'm not even saying I "wouldn't" do these things, but depends on the context and who is involved, I am not too sure how I would act.

And I wish harm on no people, but respect laws and jails for our PROTECTION only, not vengeance, unless something REALLY horrible and gruesome has been done.

The greatest trick the Devil has ever pulled was convincing the world he didn't exist!

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