Is forcing sex on a pornstar the same as rape?

Discussion in 'Ethics, Morality, & Justice' started by Upheaval, Nov 11, 2007.

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  1. Upheaval Registered Member

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    Rape is defined as forced, unwanted sex. A pornstar usually does not select her sexual partners, and her contract covers issues about allowing her body to be legally traded et cetera. I am certain that if she were to see some male she did not want to film with (have sex with) for whatever reason, she could complain, but her manager would nearly enforce the situation because she is binded by contract. Is she being raped? Does that contract she signed free the male or manager from any responsibility for her discomfort? What would a court say?
     
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  3. cosmictraveler Be kind to yourself always. Valued Senior Member

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    She's fucked!

    Please Register or Log in to view the hidden image!

     
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  5. vslayer Registered Senior Member

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    she does not have to do it, no contract can ever force a person to do something. sure she may lose her job, and if her manager was a real dick she might be sued for loss of productivity, but if she still has the right to say no.
     
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  7. Gustav Banned Banned

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    the scenario is unrealistic. you cannot do this and hope to remain in business. reputation is everything. the girls will boycott your ass. perhaps even beat the shit out of you
     
  8. Tiassa Let us not launch the boat ... Staff Member

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    Forcing sex on anyone is rape. Your forget that in trying to legally enforce such a contract, all parties involved are confessing to another crime: prostitution. The exchange of money for sex is illegal. The porn industry exists because of a huge nudge-nudge wink-wink, know what I mean?
     
  9. Repo Man Valued Senior Member

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    If someone in the porn industry doesn't want to have sex with someone, but agrees to because the alternative is losing their job, that is still consenting to have sex.
     
  10. spidergoat Venued Serial Memberlist Valued Senior Member

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    Tiassa, it's not illegal in every state. I wonder if such a contract would be enforceable. They probably write in some kind of "out".
     
  11. Tiassa Let us not launch the boat ... Staff Member

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    In principle I disagree, but there have been some judicial decisions around the country of late that should remind people that if they enter the flesh industry, they forsake their human rights. So in that sense, you have a point. The flesh industry is one place where slave labor is still acceptable.
     
  12. Repo Man Valued Senior Member

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    I don't understand the distinction. I've had many unpleasant jobs that I really didn't want to do. If I refused to do them, I would lose my job. That didn't violate my human rights, because if it were distasteful enough, I had the choice of quitting.

    My understanding is that there are a fair number of straight men in gay porn. If it weren't for the money, they would never have sex with another man. They do it solely for the money, the same reason virtually everyone else does their job.
     
  13. Tiassa Let us not launch the boat ... Staff Member

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    Did any of those tasks involve letting someone put his penis inside your body? I mean, I understand your point, but cleaning the staff restroom (one of my least-favorite tasks) is a far cry from sexual intercourse.

    So ... are they tops or bottoms?

    Seriously, dude, you're forgetting that any porn producer who conducted himself in such a manner would end up filming Crack Whores 7: The Dumpster Behind Joe's Tavern.

    The last time I ever heard any details of a porn contract, the woman involved had a say in who she f@cked. If she didn't want to do Ron Jeremy, for instance, she didn't sign the contract. In such cases, you can still hit them for breach of contract if they sign and back out later, but, once again, all parties involved would be confessing to prostitution.
     
  14. Repo Man Valued Senior Member

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    So is the compensation. Though I don't know details, I'm sure the pay for this form of loophole legal prostitution is much better than working on a cleaning crew.

    http://en.wikipedia.org/wiki/Gay-for-pay

    I think many people will do just about anything for enough money. Are all female porn stars bisexual? Just about every porn movie I've ever seen has had a girl/girl scene. What of the women who really don't like that, but once again, do it for the money?

    Is there a point at which the threat of being blacklisted in an industry makes your participation in it non consensual?
     
  15. Tiassa Let us not launch the boat ... Staff Member

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    I think we need to step back and look at the general standard. I've done things I don't particularly enjoy. I've never been a fan of having sex with a woman while she's menstruating, which is largely an aesthetic thing with me, but I'll still do it. My former partner once wanted to blindfold me, which I thought was an interesting step up in her generally bland sexual outlook. Turns out she just wanted to get laid in the middle of her period. Did she rape me? Hell no. She already knows I'll do it. At that point, the question is akin to whether she prefers missionary over doggie over hanging from the chandelier or standing in the shower.

    I'm wondering if you have some specific example in mind, or if this is just a general question. Because when you tread the line between legitimacy and prostitution, between legitimacy and rape, you tend to account for these things. They didn't "miss" the detail about HIV and condoms, for instance. They were aware of the risk, and specifically chose to continue running bareback with insufficient testing. I think it's a fair guess that in any context where pornography brings us a willing "star", the lines are fairly well established.

    Imagine that she shows up on the set, having agreed to screw Ron, TT, and Harry. But Harry is bruised and unable to go after the pounding he gave in Wednesday's shoot for another director. So instead of calling one of the industry people you know are available, you go out and grab the first willing moron on the street. No, you cannot oblige her under the contract to screw some unknown, untested, unproven jackass just drooling at the chance to bang a porn star.

    Any answer I'm coming up with for the general question says "Yes". I am failing to see any conditions whereby the answer is "no". Can anyone put those circumstances in front of me so that I can see them?
     
  16. Baron Max Registered Senior Member

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    What's the difference in that, and blackmail?

    Baron Max
     
  17. Repo Man Valued Senior Member

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    Did your employers use blackmail to make you do your job? Would it have been blackmail if you were fired for not doing your job?
     
  18. Michael 歌舞伎 Valued Senior Member

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    Haa!
     
  19. Tiassa Let us not launch the boat ... Staff Member

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    Repo, I'm going to ask you to consider how rare it is that Max and I agree on anything. And while I cannot speak for Max, I will go so far as to extend my opinion to ask you the following:

    Are you saying that dealing with an annoying customer is the same as having a penis shoved inside your body?
     
  20. Killian_1_4 Registered Senior Member

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    Hmm. But is forcing sex on a prostitute rape or robbery?
     
  21. Tiassa Let us not launch the boat ... Staff Member

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    Depends on the judge. Unfortunately.
     
  22. Repo Man Valued Senior Member

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    Apparently, the impasse is that I consider being a porn star just another form of employment. I imagine it can be pretty degrading, but so is working at a fast food place for minimum wage. We are all whores in one way or another. If you don't want to do it, then don't.
     
  23. Tiassa Let us not launch the boat ... Staff Member

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    It could also be that you're looking at sexual intercourse being the equivalent of filing paperwork. Both can be inconvenient, after all.
     
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