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Asked 11/17/2008

Is it Rape? (preferably specifically in Pennsylvania)

OK I'd like to start out with the disclaimer that this is a debate about a fictional situation that has become a heated real life debate.

A woman was raped 15 years ago. FF to "today" and this woman gets involved in a horrendous car crash that leaves her with amnesia. Probably from a traumatic brain injury or from PTSD (less likely I think). After various unimportant (to the debate) events, the woman is found by her rapist and taken to his house. While there she IS well taken care of but at the same time she is completely in the dark about her past including what he has done to her, and he methodically tries to create a new history for her in her mind. Meanwhile one of his lies is that her life is in danger if she leaves. So that while he says she is free to do so at any time, her desire to do so is curtailed. Then finally, they have a sexual encounter.

That's the background. The question is twofold: Is it kidnapping and is it rape. Please be as specific as possible, siting penal codes if you have them handy.

Thank you in advance for your time.

 
 
 
 
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