That's interesting, I didn't know that. Seems a bit perverted to expand the definition of rape like that - they should perhaps come up with a different term.
Number one is tricky. I don't know what the answer is there. My gut tells me that should be rape. But if I think about it, I think that's because the consent was never given to that person.
On the second one, I think most people are capable of telling the difference between whether they're having anal or regular intercourse, and, forgive me for going into details, but unless you're having exceptionally vigorous and violent anal sex, it's not like it's going to just "go in" unnoticed. There will at least be a brief period of, erm "engaging".
At that point, the recipient can just say "no". If they say "no", and the other person continues anyway, it's rape. Otherwise, I would think that consent is implied...*
* unless the perpetrator has threatened violence if the other person says no, obviously, in which case it's a whole different kettle of fish.
He ties her up and blindfolds her (maybe she's
into bondage). She consents to only be penetrated
by a sex toy. He lies to her, and penetrates her
with himself instead. She doesn't notice until
later. Consent or non-consent?
Personally, I don't think that "as long as it's something un-noticable to her during sex[1], then it's not rape, just a lie," is the bar for deciding if it's rape or not. I don't think that it should be taken to the extreme (e.g. "he lied to her when he picked her up at the bar by saying he was a doctor making lots of money" shouldn't be rape), but with regards to the things specific to the action itself, I think that it matters.
[1] i.e. she doesn't realize that there is no condom
It's an interesting thought experiment. Here's my counter-scenario:
She agrees to have sex only if he doesn't come. Unfortunately, he gets over-excited and comes anyway. She obviously doesn't notice until it actually happens.
In this scenario, he obviously has breached the initial conditions. Is that rape though?
I'm certain that Swedish law does not use the term "rape", but some Swedish word. That may or may not have a slightly different meaning, or different connotations.
Number one is tricky. I don't know what the answer is there. My gut tells me that should be rape. But if I think about it, I think that's because the consent was never given to that person.
On the second one, I think most people are capable of telling the difference between whether they're having anal or regular intercourse, and, forgive me for going into details, but unless you're having exceptionally vigorous and violent anal sex, it's not like it's going to just "go in" unnoticed. There will at least be a brief period of, erm "engaging".
At that point, the recipient can just say "no". If they say "no", and the other person continues anyway, it's rape. Otherwise, I would think that consent is implied...*
* unless the perpetrator has threatened violence if the other person says no, obviously, in which case it's a whole different kettle of fish.