While it is important to focus on the actions of this husband who has been charged with rape and who should be charged with conspiracy and child endangerment as well since his 2 children were home at the time, it is important to not dismiss the culpability of any man who would agree to what this husband wanted.
A North Carolina man is accused of arranging to have his wife raped through personal ads on the Web site Craigslist, police said Wednesday.
The 25-year-old man, of Kannapolis, North Carolina, was arrested in connection with the incident that occurred at his home early Sunday, police said in a statement. Police responded to the home at about 2:45 a.m. after receiving a 911 call indicating a male armed with a knife appeared in the couple's bedroom and sexually assaulted the man's wife, authorities said.
Consent is not transferable.
If this husband is guilty as charged then the other man must also be guilty of rape no matter what that husband told him. It doesn't matter what story this husband spun about what his wife wanted.
If you don't get consent directly from the person you will have contact with, for all the specified actions, you don't have consent. Ignorance cannot be a viable defense. Consent via phone or email for this type of action is not viable consent since it could be someone pretending to be the "mock" victim.
Anyone who was contacted for this type of service should have called the police. All failures to do so directly contribute to this type of crime.
This isn't the only abusive misuse of Craigslist.
Last month, a Connecticut pharmacist was accused of posting a fake ad using personal information, including home address, from a customer who he believed was going to file a complaint against him. Men showed up at this woman's home responding the the "sex partner wanted" ad.
In February, a woman's coworker in Texas posted an ad, which included the woman's photo and phone number promising that the woman would have sex on a specific day.
For any man who feels safe from fake consent by proxy, a man in Oregon had his property ransacked by people responding to a Craigslist ad posted to cover up the theft of a horse and tack.
But unlike in this latest Craigslist-related crime, those who responded to he ad by taking his property could return that property and undo their part of the harm done to this man. This man confronted people who were taking his property and they refused to return the property, using a copy of the ad as their excuse. Some of his property was returned once the police were notified and they made it clear that anyone who returned this man's items would not be charged.
When it comes to rape, those who accepted someone's lies cannot undo the crime they committed so the person responding to an ad or a request must ensure that genuine consent is present before taking any requested or offered actions. Failure to do so is accepting the consequences of committing rape.
Update (6/14): A second man, Rodney Liverman, has been arrested and is accused of being the man who agreed to come into the house.
I'm not surprised that the planned defense is basically, "she consented." Without these emails the accusations from defense attorneys might gain traction based on the too common bigotry about false rape reports and the morning-after regret myth. Not surprisingly, a reporter found a neighbor who didn't know Liverman well but described him as, "a good fellow."
Kannapolis police said Saturday that e-mails they have retrieved make it clear that the alleged assailant knew the victim in this case wasn't a willing participant in some type of role-play fantasy.
“It is complicated because there is an allegation of role-play,” said Capt. Chuck Adams of the Kannapolis Police Department. “However, the information leading up to this encounter has made it clear to us that this individual should have known this was not going to be a role-play.”