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Denise

and this is why lawyers have such a bad name

Because they answer abstract legal questions?

First and foremost, Ben Reilly is brought up as an analogue to Chameleon’s superpowers – but Van Lente doesn’t like the shapeshifting ability and had Chameleon use a mask. Which is, I suppose, something that someone could actually do. I’ve no idea what difference that might or might not make.

Two, that issue is out. It renders the whole argument moot anyway, as they “swapped spit” or “made out” and nothing more.

Oh and there is a three, Randy: I doubt it – issue 605 was already in Diamond’s warehouse by the time the big to do came about, let alone Fred’s comments. Hell it was probably already past the printers before the general public saw the scene that got everyone in an uproar. The writer plotted the issue (and I believe wrote the scene) where it was revealed so to claim ignorance on his part hardly seems to fit the facts.

Oh and four, perhaps he was speaking from a legal standpoint – state law varies on what does and doesn’t constitute rape – it’s entirely possible Van Lente was informed about/researched a specific state law that requires force to be part of the equation. I don’t know, but to say that’s wholly inaccurate would require one to know dozens of different laws.

I’m more bothered by the revelation that OMD apparently turns gay villains straight on top of breaking up marriages, rewriting history, bringing back the dead, and making Spider-Man dull.

I checked the statutes in my state and this situation wouldn’t obviously fit any of the criminal sexual offenses, exactly because use the term “force” in all the rape/sexual battery statutes. There’s no specific “rape by deception” statute. I didn’t read the case notes, so there may be something in case law that addresses this, but legally it’s not that cut and dried. Morally, it’s a pretty horrible plot device.

This is Hercules we’re talking about though, so he’s done much, much worse than that.

I hope he does poverty next! *crosses fingers*

Considering he later made it a point to let everyone know that he was a freelance writer and didn’t represent Marvel, and that in 605 it’ll show that they just “made out” I’m willing to bet it already has- at least from the folk at Marvel. It really shouldn’t have gotten past the editors in the first place. Regardless if they show later that sex didn’t happen, it sure as hell was suggestive that it had, and apparently the writer thought it did originally too. Either way, as has been said already, it’s still sexual assault.

Oh, shit will rain down on this man.

Obviously, there’s a huge difference between what’s tasteful/tasteless in Incognito and Spider-Man, but still.

Two (borderline?)rape-by-deception cases in Marvel comics in the last few months.

Just Sexual Assault.

http://io9.com/5358396/spider+mans-villains-not-rapists-says-creator