Lying about vasectomy doesn’t make it rape.

[fascinated]

www.thetimes.co.uk/edition/news/man-who-lied-about-vasectomy-has-rape-conviction-quashed-s9kb6x9q5

Very disappointing case.

I think the comparison to Gayle Newland is interesting.
The judge in the case in the OP said it wasn't rape it was more 'lying about the quality of the ejaculate'.
Well Gayle Newland could be said to be 'lying about the quality of the penis'. She was convicted of sexual assault and received a six year sentence I believe.
Its my understanding re:bodily risks of pregnancy, its not whether these actually occur but whether the woman is exposed to them with intent and without her consent? So her fertility or whether she actually became pregnant wouldn't be relevant, its whether someone (using deception) exposed her to the risks.

Broom, thanks for the reminder of those details. I could only remember the pretending to be a man with a penis bit of it.

I wonder if a man who uses viagra in secret to con a woman into thinking he is love's young dream and she will have a wonderful sex life for the next 20 years and then after the marriage it is discovered her can never get it up has any kind of claim.... mind you that is not too different from some women who appear very sexy to nab the man and then for the next 30 years hardly ever want sex.

He should be fined the CMS equivalent of 18 years support for the child he conspired to create.

stumbledin - I don't think it was anything to do with race. If you look at the cases, you'll see that the victim in case 2 was extremely vulnerable and there was a question of whether she was able to consent at all. The prosecutors thought that the stress of giving evidence would affect her mental health so cut a deal with the perpetrator that he would plead guilty to a lesser charge.

He should be fined the CMS equivalent of 18 years support for the child he conspired to create.

That would be a very interesting legal precedent. Both because it would be treating CMS as a punishment and because it could then allow for the legal argument that intent is a required for responsibility (e.g. a man arguing that his partner lied about use of birth control to evade payment).

I think I lean towards separating rape and risking pregnancy/Std transmission without the woman‘s consent.
That said, it shouldn‘t be overlooked that ‚forced impregnation‘ has been an integral part of rape for millennia, it still is eg in war zones. So, on a gut-level I get, why some categorize this as rape.