I'm not intimately familiar with the case, but I think it's equally probable that the woman did withdraw consent, was raped, but didn't want to bring up the prior BDSM talk because anything she said after that fact would be meaningless because a jury would see her as a slut that had irrevocably given over consent.

The audio recording is a good idea and a good way to remove that kind of ambiguity.

Of course, given the increasing tendency in American courts to exclude anything that helps the defendant, or refuse to sanction officers or prosecutors who "lose" exculpatory information one should ponder whether self-preservation might be the better part of arousal.

@1: Or she sent him an email afterwards saying she was "exhilarated" by the experience, and that it was "so overpoweringly delicious." (From the Wiki page on this case)

I'm not intimately familiar with the case either, but it would at least seem weird that she would say that in an email to him if she had withdrawn consent during the event.

So, I think that Dan's advice is well reasoned and helpful.

However, what I have learned from this is that some fantasies are just way too much work for my taste. Oi. And I thought having to learn to tie proper knots was a high barrier to entry. I stand corrected.

@1: At least from Dan's retelling (I didn't go google-hunting on this one), it seems that she sent enthusiastic emails about the encounter *after* it happened, which implies that the encounter was consensual.

#3: If it was after then yeah, that's pretty damning. Some people have claimed that because a raped person was friendly with the rapist after the case, they must not have been raped (a lot of people are trying to come to terms with the event and convince themselves they weren't raped.) But I don't know how many of those people would write glowing reviews.

IM, people still use that somewhere?

Any man who'd make a woman's kidnap/rape fantasy come true deserves to be in prison. Not for the kink, but for the felony stupidity.

@9 - I'll have to tell Nicole that we need to stop our fantasy games, then. Truth be told though, the only reason I consented to it at all was so that I could put a bag over her face before I did anything to her. Jesus, that makeup she wears is hideous. She's pretty good at just lying there and taking it, though.