Rape in HIMYM?
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indygrab87 — 9 years ago(October 12, 2016 05:40 AM)
What about the episode he told a blind woman he was Sean Connery. He also did a scene he tried to trick a married woman into sleeping with him by saying her husband was having affair with his wife. So ? he would destroy a marriage for sex. He also hinted he may u007fhave sold a woman into sex traffic
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stargazer_1682 — 9 years ago(October 15, 2016 07:37 PM)
I've been watching re-runs of Night Court lately, and I'm frequently struck by how much Dan Fielding proved to be a precursor to Barney Stinson; with the exception that, to my recollection and all of the episodes watched a few times now, he never misrepresented himself to get women.
For those who may not know, Dan Fielding, played by John Laroquette, was an Assistant Distract Attorney for the night shift of the NY municipal court ("Criminal court part 2" to be exact). There are a lot of characteristics one might reasonably say Barney was modeled after; Dan had affinity for finely tailored suits, he loved money, but unlike Barney, Dan was perpetually broke; and often whenever his ship was about to come in circumstances were promptly screw him over. And if anyone could give Barney Stinson's libido a run for its money, it'd be Dan Fielding. But as I said, I can't think of any circumstances where Dan claimed to be anyone other than himself and his chosen profession. He was handsome, well dressed and had a reputation that at times preceded him. At one point he was offered a prestigious job at a law firm, on account that the woman who was hiring him had heard the talk of his sexual prowess. As it should happen, presumably due to the stress of the job offer, which Dan really wanted, he experienced a bout of impotence just prior to the interview, and was nervous when the woman began making advances, because he feared he couldn't perform. When he learned that the offer wasn't based on his record as an ADA, something he actually took pride in, his sexual confidence was restore; and he proceeded to rock her world, then told her she could take the job and shove it.
After watching another episode of Night Court, with this thread in mind, I started to wonder what an interaction between Dan Fielding and Barney Stinson would be like - a novel encounter in its own right, considering Night Court aired on NBC, and HIMYM on CBS - but I actually think Dan would be appalled by Barney, and would lay into him, both as a disgusting sexual offender, but also a rank amateur, who was so insecure and inadequate that he needed to resort to fake identities to trick women into bed. As libidinous as Dan was, I think his more virtuous side, the part of him that made him work hard as an Assistant DA, would come out and he'd really throw the book at Barney.
I'm not quite sure how Barney would respond; he'd probably try to play it off as him being a "player", but less Dan budged, the more defensive and unhinged I think Barney would get trying to defend himself, and it would start to look more like the guy in the aforementioned episode of SVU.
Well, that's called tyranny; and its generally frowned upon." -
darkavenger77 — 9 years ago(October 17, 2016 07:25 PM)
Okay, so maybe rape isn't the correct word to use in this post,
Legally, you're correct. Rape, or more correctly legally called sexual battery (as it relates to adults) is sex without consent. Examples include using force, such as a weapon, a drug to incapacitate the victim, or a victim that is mentally unsound or under a certain age.
In the series, the women Barney picked up were adults of a normal mental capacity (stupidity does not qualify as a mental defect) and always consented, so there was nothing illegal about it.
As another member here observed, lying under the circumstances presented is not a crime.
Ignoring politics doesn't mean politics will ignore you.
-Pericles paraphrased in <100 characters -
MCoop25 — 9 years ago(October 22, 2016 12:03 AM)
It's not illegal in New York. Here's New York rape laws:
New York Penal Code Section 130.25, et seq.
Third Degree Rape
A person is guilty of rape in the third degree when he or she engages in sexual intercourse with another person:
Who is incapable of consent by reason of some factor other than being less than 17 years old;
Who is less than 17 years old, and the defendant is 21 years old or more; or
Without such person's consent, which is withheld for some other reason than incapacity to consent.
Second Degree Rape
A person commits second-degree rape when he or she engages in sexual intercourse with another person:
Who is less than 15 years old and the defendant is 18 years old or more; or
Who is incapable of consent by reason of being mentally disabled or mentally incapacitated.
First Degree Rape
A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person:
By "forcible compulsion" compelling the victim through the use of physical force or the threat of immediate death, physical injury or kidnapping;
Who is incapable of consent by reason of being physically helpless;
Who is less than 11 years old; or
Who is less than 13 years old and the defendant is 18 years old or more.
I guess the Global Warming one might fall in the forcible compulsion by threat of death but that seems like a stretch. Also, in some states it is illegal to lie if that lie caused the person to have sex with you when they wouldn't otherwise. It might not be rape but it's some lesser sex crime. -
adam-176 — 9 years ago(December 30, 2016 11:59 AM)
Without such person's consent, which is withheld for some other reason than incapacity to consent.
But in these cases, has the woman in question consented? Consenting to sleep with Lorenzo von Matterhorn isn't consenting to sleep with Barney Stinson.
I can see it not being an issue when it's consensual roleplaying, where the woman in question knows it's a part he's playing, but when it's a deception I can actually see an argument for it being non-consensual. If he were doing it for financial gain rather than sexual gratification, he'd be called a con artist, which can be prosecuted depending on circumstances.
Good luck, Captain. I think you're about to go where everyone has gone before
Susan Ivanova -
MCoop25 — 9 years ago(December 30, 2016 12:54 PM)
Under New York law yes the woman consented to have sex. The New York rape test is only 1 part: Did they consent to having sex? If yes, then it's not rape. The only exception is if it was under duress (forcible compulsion). With just a cursory Google search I can't find a State that has criminalized a Lorenzo von Matterhorn situation. Rape by deception seems to be limited to pretending to be their spouse/lover, lying that sex is occurring (I saw an example where it said if a Doctor said he would using a medical instrument down there but instead used his instrument down there), and a doctor saying that it is medically necessary (One doctor claimed that he was injected with a special serum that would cure them of some blood disorder that made up if they had sex with him). Everything else seems to be fair game.
Now where Barney might have raped someone would be when he said he was trolling the amnesia/Alzheimer's ward and would claim to be their spouse. That would fall under many (and maybe all) state's rape laws.
Here's a good article about it
http://nysbar.com/blogs/lawstudentconnection/2013/11/rape_by_fraud_deception_or_imp.html -
adam-176 — 9 years ago(December 30, 2016 02:23 PM)
Fair enough (well I'm sure women subjected to it may dispute "fair"). I didn't actually research, and have no legal training, it was purely "I can see an argument for it". Whether or not it should be an argument is a matter for more legally inclined people than me
Good luck, Captain. I think you're about to go where everyone has gone before
Susan Ivanova -
MCoop25 — 9 years ago(December 30, 2016 02:39 PM)
Yeah it might not be "fair" but a lot of things that are legal aren't exactly fair or moral. I fee like law makers are hesitant to extend rape to a Lorenzo situation because it opens so many doors as to what constitutes a fraud and could open up criminal charges just because someone got rejected or something. If I tell a girl I'm single but I'm not is that a fraud? If I tell a girl I want a committed relationship but all I want is a hookup is that fraud? And so on and so on. I think that's why they keep the definition narrow to only include truly heinous frauds i.e. a twin brother claiming to be their spouse, a doctor lying to his patient, etc.
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stargazer_1682 — 9 years ago(January 06, 2017 03:09 PM)
I think that's why they keep the definition narrow to only include truly heinous frauds i.e. a twin brother claiming to be their spouse, a doctor lying to his patient, etc.
See though, that's where HIMYM kind of falls into a very dark gray area; because they actually inferred some "scheme" of Barney's involving him pose as a doctor to have sex with women. Not only that, he double downed on it by posing as a class action lawyer who is representing the women he slept with as a doctor - suggesting some unseemly, if not outright criminal occurred in the former instance - so that he could target the women he previously with on the one occasion and trick them into having sex with him again. Just the fact that, in posing as a lawyer in some plan related to his guise as a doctor, suggests something legally questionable about the doctor ruse; he's seeking out these women to do the same thing to them again, which seems very predatory.by
RomanceNovelist
At one point, he even designed a web site provoking women he'd slept with into believing they slept with ted, ruining his reputation.
Actually the website was created by one of the women Barney slept with, when pretending to be Ted - the kick boxing instructor from "Ted Mosby, Architect;" who was subsequently a waitress when he sought her out later, in his attempt to locate his stalked.
Oh, it was the horse. I'm going to be King!" -
Petals121 — 9 years ago(December 17, 2016 11:02 PM)
It's actually astounded me how little people have talked about this. Barney is always thought off as amazing and cool instead of the pervert and abuser he really is. It's shocking how little people acknowledge abuse of women.
"I will not be strong armed by threats against my laundry" -
Jeannette_Mary_Labbe — 9 years ago(January 06, 2017 03:15 PM)
It's actually astounded me how little people have talked about this. Barney is always thought off as amazing and cool instead of the pervert and abuser he really is. It's shocking how little people acknowledge abuse of women.
I thought about this when the show first aired. He was a jerk. I didn't see what women saw in him. He was all about sex and nothing else. The episode that bothered me the most was when he was trying to get to 100 on his list of how many women he had sex with. He sees he missed one, goes to the bathroom and comes back saying he just had sex. That's disgusting. I didn't find it funny at all. I wondered who he had sex with and why any woman would want to have sex in a public bathroom and basically just used that way.
"Sometimes life hands you lemons that are worth 2 in the bush, I like kittens." -
amalzia19 — 9 years ago(January 13, 2017 02:43 PM)
Absolutely, disgusting behavior. The episode were he slept with an employee under the table, so she could keep her job but he fired her anyway O_o? Or were he was casting his "son" promising a mother he would hire her son if she sleeps with him, only to pick another kid. How Lily stayed friends with him and Robin got with him more then once and even married him? It's baffling.
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foxytree2 — 9 years ago(January 15, 2017 02:59 PM)
Actually I'd have to say the way that the cop treated Ted was ridiculous in season 8 or season 9. She got to psychically abuse him and urinate in and on his personal property and also stalk him and used her profession as a police officer to abuse someone. And we were all supposed to laugh it off?
#OctaviusUniversity