Walking into the wrong bedroom lands man a rape charge

[ECH1969]

A MAN who claims he mistakenly had sex with "the wrong woman" after entering a dark bedroom at the home of a Sydney magazine editor was yesterday committed to stand trial for rape.

Paul John Chappell, 31, was invited back to the editor's Bondi flat after they met during a night out. The pair went to bed and Chappell later got up to use the bathroom. But Chappell claims he mistakenly returned to the wrong bedroom, where the editor's 23-year-old flatmate was asleep.

He got into bed with the flatmate and initiated sex, allegedly believing she was the other woman. The flatmate participated because she thought it was her own boyfriend who had come to bed after falling asleep in the loungeroom. When she turned on the light, the "hysterical" woman saw Chappell in her bed and realised her boyfriend was still asleep on the couch.

"He thought he was having sex with the person he went home with. "The (alleged victim) says she believed she was having sex with her boyfriend. She made a mistake as to who she was having sex with and so did the defendant."

http://www.dailytelegraph.news.com.au/story/0,20281,18879129-5001022,00.html

[dsc]

1. This would have to be close to a 1 in a trillion type of thing.

It seems if this set of facts is true the rape charge is unfair.

[Mandate My Ass]

2. It is unfair

She consented to the wrong person but she still consented. You can't withdraw consent after realizing you made a mistake. Unless something is very screwed up there, this won't hold up in court.

On edit: I hope this doesn't descend into a flame war generated by comments that this proves women scream "rape" way too often when the situation isn't perfectly to their liking afterward.

[dsc]

5. It is literally unimaginable that someone

would take this case as proof of anything.

[Mandate My Ass]

9. It's not even useful as anecdotal evidence, let alone proof

but many of the comments I read in the Duke threads were astonishingly lacking common sense, even basic knowledge of what faces a victim when she approaches the police, not to mention sensitivity. Like you mentioned earlier, the chances of this happening must be extremely infinitesimal, added to the fact that anyone would subsequently agree to prosecute the man.

We'll see. :shrug:

[dsc]

28. I know the Duke threads have been doozies

so who knows.

[marbuc]

3. Think I saw this on Three's Company.....n/t

[Weembo]

11. Oh Krissy! Oh Krissy! JANET???!!!!

[YDogg]

13. Speaking of Janet didn't this happen during the Rocky Horror Picture Show?

:bounce:

[mongo]

29. Yes, but isn't it nice!

[LeftyMom]

4. Were they drunk?

Maybe I'm a prude (probably) but what is up with either party's sex life that they couldn't tell somebody other than thier partner by sound or feel?

I don't see how sex that she apparently consented to at the time was rape. If she indicated consent and participated willingly the guy had no reason to believe he was doing anything wrong, whether he thought he was in the bed of the girl he went home, her flatmate or a complete stranger.

[Sydnie]

15. Or smell

Your partner has a scent all their own. Wouldn't you notice that they smelled different too? A different cologne, or no cologne when they had some on earlier in the evening ... sight, feel, sound, and smell should have told the woman (who knew their usual partner, it appears) that this was not her boyfriend.

I suppose it could happen, but it's not rape if she agreed before and during the act.

[MADem]

16. I'm with you!! Either drunk, or they all didn't really know each other

very well at all!!!

Was it silent "Scientology" sex? Not an "oh baby" during the entire event? Never mind obvious characteristics like feel, smell and so on, there's the voice to consider as well!

[LostinVA]

30. People totally don't kiss the same ... nor have sex the same

God, even the sound of someone breathing is distinct. They both had to be completely fucked up on something.

[Beaverhausen]

32. "Oh honey, you never did THAT before!"

I mean really - are we supposed to believe this???? :crazy:

[LostinVA]

34. If they weren't TOTALLY both messed up, then I don't know what

the hell to say..... actually, even totally pissed, I'd know who I was having sex with... hell, in college I"d be crawling blind, and I would know who was in my bed.

[shamalama]

6. "Mistakenly"?

Is it really that easy for the man to "mistakenly have sex" with the roommate?

Is it really that easy for the roommate to "mistakenly have sex" with the man?

Can you be so drunk that you cannot recognize your partner by touch, no matter if the lights are on or not?

Magistrate Margaret Quinn committed Chappell to stand trial but said it "may well be a difficult case for the prosecution" to prove.

I just cannot see rape here. Stupidity, lack of personal responsibility, but not rape. I hope all the people concerned learn from this.

[Sequoia]

7. A Midsummer's Night Dream.

How can a person not tell who her lover is.

[Freedom_Aflaim]

8. if they BOTH made the mistake

of thinking they were with their regular partner, shouldnt she be charged with raping him to?

The whole thing sounds like he was culpable until I got to the part where she willing participated also.

[YDogg]

12. " ... after they met during a night out."

Did he meet her for the first time, or were they a couple? It's conceivable (pun intended) that he had no clue he was with the roommate, because the woman he went home with wasn't a regular partner.

[seabeyond]

18. this was my thought. charge her too. also his is he claims

there is no question she thought..... on her statement. so we automatically question the man that he made a mistake and take word of woman that she made a mistake.


he had never had sex with the woman. the girl had sex with boyfriend surely

who would know the partner?????

[mike_c]

10. What?! This happens all the time....

:rofl:

[bunkerbuster1]

17. Dear Penthouse Forum--I never thought this would happen to me...

[Beaverhausen]

14. This does not add up. I think someone is covering something up

not sure who, though.

[seabeyond]

19. just too bizarre. or all jsut toooo drunk n/t

[Fleshdancer]

20. I wonder what the other two people are thinking....

First there's the woman this guy did go home with...if I were her, I would be offended that he couldn't tell the difference after having sex with me earlier that evening. Then there's the boyfriend on the couch...he must be thinking the same thing too.

What an odd situation. I have a hard time classifying this situation as a rape. However, the idea of having sex with a complete stranger when that was not your intent would be creepy. She was asleep when it was initiated so I could see how the mistake could have been made on her part...especially if she wasn't facing him.

The person I would be mad at in this situation is the roommate who brought home the stranger. It's one thing to put your own life at risk but it's a completely different situation to put your roommates at risk.

[BR_Parkway]

24. Very likely the bf on the couch is the reason that she's charging rape

[seabeyond]

25. he went home with her. she said no to sex. he never had sex

with that woman. where as we can assume the woman who has a boyfriend did have sex in the past. i would think it would be more likely for her to know it was the wrong partner.

[Fleshdancer]

31. I didn't read the last few paragraphs

I've never heard of a woman taking a man home and sleeping with him without SLEEPING with him. How odd.

The article did say that the roomate woke up to having sex. I would personlly like to think I could tell the difference but something like this has never happened to me. I do know that I'm a heavy sleeper and it takes a good 20 minutes to know what's going on after waking up (I'm so groggy at first) :shrug:

[FreakinDJ]

21. The Benefits of Alcohol

[Catherine Vincent]

22. I don't care how sleepy I was,

but I would know if I was having sex with the wrong guy.

[Sinti]

23. Yet another reason for keeping the lights on n/t

Edited to add:
And actually paying attention to your partner while having sex.

[OPERATIONMINDCRIME]

26. This Is Flat Out Absurd. If She Admits Consent, Case OVER.

Period. Dark or not. The amount of evidence that would be necessary to try and show in a case like this that the man had some dark devious plot to get the girl to think he was her boyfriend, while the real one was on the couch, and with intent proceeded to have sex with her while knowledgeable she thought he was somewhere else, while also being aware to the fact that this trickery could be pulled off because he felt strongly that she would just really really think it was her boyfriend, would be practically impossible.

This charge is the most insane thing I've seen in a while. I feel for this guy.

[1monster]

27. Come on!!!! Let's get real here! Ladies, if a man other your significant

other or husband crawled into bed with you and initiated sex, wouldn't you know right away, even if you were awakened from a deep, deep sleep, that it wasn't your SO or DH? Even if it were pitch black?

I sure would. I mean it may be that all cats look grey in the dark, but all cats don't feel the same or even smell the same, dark or or not.

[TahitiNut]

33. What? Is there no 'mens rea' principle in Australia?

This is idiotic.