Fist Rape

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Home / Sex Crimes / Rape Defense Attorney / Rape in First, Second, and Third Degree
The offense of rape under Washington’s criminal law covers any act of sexual intercourse without a person’s consent. An act may be considered rape if it occurs by force; by threat of force; or by taking advantage of a position of power over a person, a person’s disability, or a person’s impaired condition. The state’s burden of proving guilt beyond a reasonable doubt is the same in a rape prosecution as in any other criminal case, but a rape case has additional risks for a defendant. A defendant may face significant public exposure and scorn, even if the underlying charges are false or the case results in acquittal. You should consult with a Washington rape defense attorney who knows and understands Washington’s criminal laws, and who can help you prepare your defense and protect your constitutional rights.
Several terms used in Washington’s criminal laws are critically important in a rape case. “Sexual intercourse” has its regular meaning, but may also refer to any penetration of a person’s intimate areas, regardless of their gender.
The most serious rape charges involve allegations of “forcible compulsion,” which generally means the use of overwhelming force, or merely the threat of overwhelming force. This includes threats to harm or kidnap the alleged victim or a third person.
“Mental incapacity” refers to any mental condition that, at the time the alleged offense occurs, prevents a person from understanding the “nature or consequences” of sexual intercourse. Such a person is legally considered incapable of consent.
“Physically helpless” refers to any condition, including lack of consciousness, that prevents a person from signaling consent or lack of consent. This could apply to a person who has suffered an injury, or who is blacked out due to alcohol or drugs.
“Consent” means a person’s agreement, through words or conduct, to engage in sexual intercourse.
The state must prove that sexual intercourse took place between the defendant and the alleged victim, and that the alleged victim did not give consent or was unable to do so. It must also prove the circumstances of the alleged offense that support the degree charged by the state. Washington law defines rape in the first through the third degree.
First degree rape involves forcible compulsion and may occur with the use or threatened use of a deadly weapon, kidnapping, infliction of serious bodily injury to the alleged victim, or burglary. It is a class A felony, which allows for up to life imprisonment.
Second degree rape occurs in cases that involve forcible compulsion but do not rise to the level of a first degree offense. It may also occur when an alleged victim is mentally incapacitated or physically helpless, or when the defendant is in a position of authority over the alleged victim, such as in a healthcare or eldercare facility. It is also a class A felony. A defendant may offer evidence of a reasonable belief that the alleged victim was not mentally incapacitated or physically helpless at the time of the alleged offense as a defense to prosecution.
If an alleged offense does not meet the definition of first or second degree rape, but still involves “clearly-expressed” lack of consent or threat of harm to the alleged victim’s property, the state may charge it as third degree rape. This is a class C felony, carrying up to five years’ imprisonment.
If you have been charged with an alleged sex offense in Bellevue, Seattle, or elsewhere in western Washington, you should consult with an experienced Washington criminal defense lawyer . At Vindicate Criminal Law Group, we have defended people charged with sex crimes and other alleged offenses throughout Washington. We have obtained significantly reduced sentences, probation, acquittals after trial, and outright dismissals for our clients. Contact us today for your confidential case evaluation, or call (888) 212-4824
© 2022 Vindicate Criminal Law Group
We endeavor to provide the best service we can, but Vindicate cannot predict and does not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual.
This information does not create an attorney-client relationship. Receipt or viewing of this information does not create an attorney-client relationship. An attorney-client relationship is only created only after we have agreed to represent you, you have signed our Legal Services Agreement, and paid the required fee.

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My body started to leave the room, to other times I had been raped, in the same manner. All those other one-minute-egg rapes.
I was raped again last night. Again. It was a small rape. Un petite râpé (it sounds so much softer, less threatening, in my mangled French) . A rape with a soft small limp dick, no bigger than three…
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In his book, Zapotoczny said that even female Russian soldiers did not disapprove of the rapes, some finding it amusing. (Archive)

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Published: 11 March ,2018: 12:00 AM GST
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IN PICTURES: How German women suffered largest mass rape in history by Soviets
Between the months of January and August of 1945, Germany saw the largest incident of mass rape known in history, where an estimated two million German women were raped by the Soviet Red Army soldiers, as written by Walter Zapotoczny Jr. in his book, ‘ Beyond Duty: The Reason Some Soldiers Commit Atrocities ’.
Between the months of April and May, the German capital Berlin saw more than 100,000 rape cases according to hospital reports, while East Prussia, Pomerania and Silesia saw more than 1.4 million rape cases.
Hospital reports also stated that abortion operations were being carried out daily across all German hospitals.
Natalya Gesse, who was a Soviet war correspondent at the time, said that the Soviets didn’t care about the ages of their victims. “The Russian soldiers were raping every German female from eight to eighty. It was an army of rapists,” she said.
This caused the deaths of no less than 200,000 girls and women due to the spread of diseases, especially that many eyewitnesses recounted victims being raped as much as 70 times in that period.
Red Army soldiers would mass rape German women as a kind of revenge against their enemy: The German army. They felt that it was their earned right to do so as the German army had ‘violated’ their motherland by invading it. In addition to not being in contact with women for long periods causing their animal instinct to be heightened.
“Our fellows were so sex-starved,” a Soviet major told a British journalist at the time, “that they often raped old women of sixty, seventy or even eighty - much to these grandmothers’ surprise, if not downright delight.”
In his book, Zapotoczny said that even female Russian soldiers did not disapprove of the rapes, some finding it amusing.
In 1948, rape cases decreased vastly after Soviet troops were ordered back to their camps in Russia and left residential areas in Germany.
Between the months of January and August of 1945, Germany saw the largest incident of mass rape known in history, where an estimated two million German women were raped by the Soviet Red Army soldiers, as written by Walter Zapotoczny Jr. in his book, ‘ Beyond Duty: The Reason Some Soldiers Commit Atrocities ’.
Between the months of April and May, the German capital Berlin saw more than 100,000 rape cases according to hospital reports, while East Prussia, Pomerania and Silesia saw more than 1.4 million rape cases.
Hospital reports also stated that abortion operations were being carried out daily across all German hospitals.
Natalya Gesse, who was a Soviet war correspondent at the time, said that the Soviets didn’t care about the ages of their victims. “The Russian soldiers were raping every German female from eight to eighty. It was an army of rapists,” she said.
This caused the deaths of no less than 200,000 girls and women due to the spread of diseases, especially that many eyewitnesses recounted victims being raped as much as 70 times in that period.
Red Army soldiers would mass rape German women as a kind of revenge against their enemy: The German army. They felt that it was their earned right to do so as the German army had ‘violated’ their motherland by invading it. In addition to not being in contact with women for long periods causing their animal instinct to be heightened.
“Our fellows were so sex-starved,” a Soviet major told a British journalist at the time, “that they often raped old women of sixty, seventy or even eighty - much to these grandmothers’ surprise, if not downright delight.”
In his book, Zapotoczny said that even female Russian soldiers did not disapprove of the rapes, some finding it amusing.
In 1948, rape cases decreased vastly after Soviet troops were ordered back to their camps in Russia and left residential areas in Germany.

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My roommate is a gay man who is into getting fisted. A lot. We were FWBs until he moved into my place, at which point we agreed it would be better for us to not have sex anymore. It’s worked out fine, and he’s been here for a year. Here’s the problem: About two years ago, he got into fisting and he has someone over every night to fist him. As soon as he comes home from work, he spends a good hour in the bathroom cleaning out, and then some guy comes over to fist him. Every single day. My roommate is a very attractive guy who doesn’t think he’s attractive at all. I’ve talked to him a few times about whether he’s being sexually compulsive, but he just laughs and says, “Well, you suck a lot of dick.” (I have a healthy but moderate sex life.) I am concerned that all this ass play is not healthy. As a friend, I want him to seek help for his sexual compulsion, his low self-esteem, and his social isolation. As a roommate, I am tired of all these strange men coming into my home and the high water bill. Frequent Insertions Sincerely Trouble Someone
“Fisting is a healthy and safe sexual activity so long as the participants are sober ,” said Dr. Peter Shalit, a physician and author who works with many gay men. “There is a misconception that fisting damages the anal sphincter, loosens it, and causes a loss of bowel control over time. This is absolutely false.”
Devin Franco, a gay porn star who’s been getting fisted on a weekly basis for many years, backs up Dr. Shalit. “People who are only used to vanilla intercourse are sometimes shocked,” said Franco. “People will leave comments on my videos asking if I was in pain, even though I’m clearly always enjoying it. Fisting is actually the most pleasurable sexual act I’ve ever experienced—and seven years in, no negative health consequences and everything down there works just fine, thanks.”
But exactly how does that work? How does someone like Franco get a fist and/or a ridiculously large sex toy in his butt?
“A skilled fisting bottom can voluntarily relax the anal sphincter in order to accommodate a hand up to the wrist or further,” explained Dr. Shalit. “A skilled fisting top knows how to insert their hand—it’s actually fingertips first, not a clenched fist—and how to do it gently, taking their time, and using lots of lube. And, again, after the session is over, the sphincter returns to its normal state.”
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Which is not to say that people haven’t injured themselves or others engaging in anal play with large sex toys, fists, or even perfectly average cocks—people most certainly have. That’s why it’s crucial to take things slow, use lots of lube, and go at it sober.
“Fisting isn’t for everyone,” said Dr. Shalit. “In fact, most people are unable to relax their sphincter in this fashion.”
But to figure out whether fisting is for you—to determine whether you’re one of those people who can relax their sphincter—first you gotta wanna, and then you gotta try.
“It actually took about two years for me,” said Franco. “That’s from the first time I did anal play thinking, ‘Maybe I can get his whole fist in there,’ to the first time I actually got a fist in my ass. Two years.”
And while fisting isn’t for everyone, FISTS, like Dr. Shalit said, it’s very clearly for your roommate. But enjoying the hell out of a particular sexual activity—even one that seems extreme to those who don’t enjoy it—isn’t by itself evidence of low self-esteem or sexual compulsion.
“If FISTS thinks his roommate has low self-esteem,” said Dr. Shalit, “he’s done the right thing by telling him he should seek help. But that’s the end of his responsibility. Whether or not his roommate seeks help is up to his roommate. And it’s hard for me to agree that his roommate is being sexually compulsive based on what’s in the letter. Many men have sex every day, and the roommate’s sex life doesn’t seem to have any negative consequences except that FISTS doesn’t like it.”
While Franco also doesn’t think getting fisted daily is proof that your roommate is out of control, fisting isn’t something he does every day. “Doing it daily sounds exhausting ,” he said. “The act requires a lot of physical exertion. I personally need a little recovery time between sessions. But I do know guys who do it every day—maybe not a fist every day, but they play with large toys every day. But I couldn’t and I don’t.”
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