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    Hulk

    Character » Hulk appears in 7771 issues.

    After being bombarded with a massive dose of gamma radiation while saving a young man's life during an experimental bomb testing, Dr. Robert Bruce Banner was transformed into the Incredible Hulk: a green behemoth who is the living personification of rage and pure physical strength.

    Raped without the Sex

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    davidkenneth

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    #1  Edited By davidkenneth

    Is it just me or was the Hulk raped? I mean granted, him and Thundra didn't have sex but she still took his DNA and had Lyra. So would this be considered rape?

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    Green Skin

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    #2  Edited By Green Skin

    No.  Sex is a pretty important aspect of rape.  You can get someones DNA all sorts of non sexual ways.

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    thatlad

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    #3  Edited By thatlad

    I dunno I'd be pretty damned pissed if I got sperm-jacked!!! 

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    Emperor Gonzo Noir

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    #4  Edited By Emperor Gonzo Noir

    No

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    davidkenneth

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    #5  Edited By davidkenneth
    @Green Skin:
    But the point is she took his DNA to make a child.
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    roadbuster

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    #6  Edited By roadbuster
    @davidkenneth said:
    "So would this be considered rape?"
    Not by any legal standard. 
     
    Many jurisdictions don't even have a "rape" statute per se, instead characterizing it as "sexual assault" in order to get away from pedantic debates about sufficient penetration or the spouse v. non-spouse distinction.  Nonetheless, even the liberalized definition requires  some form of sexual touching conduct to qualify as rape or sexual assault.  No one defines the culturing of DNA, even against one's will, as rape (which, again, by the old definition requires penetration and by the liberal one requires erogenous touching). 
     
    There could be a privacy violation and a civil suit but not on a property basis (see Moore v. Regents). 
     
    If you want to talk about moral condemnation or metaphorical "rape", you might get some traction but even there it's pretty ridiculous given the connotation and context of rape compared to something comparably clinical.
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    davidkenneth

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    #7  Edited By davidkenneth
    @Mainline:
    Wow, what are you? A lawyer, no seriously are you a lawyer or was that only wikipedia?
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    mavfan626

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    #8  Edited By mavfan626

    lol no it's not rape.

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    Larkin1388

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    #9  Edited By Larkin1388

    you could say she genetically raped him

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    Kal'smahboi

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    #10  Edited By Kal'smahboi

    Rape is all about taking control.  This would probably be called theft before it was called rape.

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    King_Saturn

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    #11  Edited By King_Saturn
    say what
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    Video_Martian

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    #12  Edited By Video_Martian
    @thatlad said:
    " I dunno I'd be pretty damned pissed if I got sperm-jacked!!!  "

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    #13  Edited By defaultdefaultdefault

    no. not according to the laws in Thundra's timeline anyways.
     
    he was attacked once by two guys in a shower once as Banner.
    i can't tell you much more than that as i just disregarded that silliness.

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    Hazlenaut

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    #14  Edited By Hazlenaut

    It is considered theft and malpractice. If the DNA was use for something it is considered vandalism .
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    Eternal Chaos

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    #15  Edited By Eternal Chaos
    @King Saturn:  You're still here? Wow.
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    roadbuster

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    #16  Edited By roadbuster
    @Hazlenaut said:
    " It is considered theft and malpractice. "
    Theft only in some jurisdictions.  Legislatures have been reticent to call genetic material, body parts, and the like "property" for a series of traditional fears such as stalling medical research, legitimizing markets in organs, etc.  More progressive jurisdictions may criminalize it and call it theft, but the underlying rational is nearly always privacy or consent (as opposed to property law).
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    #17  Edited By defaultdefaultdefault

    I was being serious BTW, sorta. Men have no rights and are considered the enemies of the state in Thundra's
    timeline. Thundra was acting under orders from her government directly during a time of war, and can't be held
    responsible.

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    roadbuster

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    #18  Edited By roadbuster
    @CATMANEXE said:
    " I was being serious BTW, sorta. Men have no rights and are considered the enemies of the state in Thundra's timeline. Thundra was acting under orders from her government directly during a time of war, and can't be held responsible. "
    Yeah, but the victim's jurisdiction would matter in a sexual assault case.  For example, if a US citizen was attacked abroad in a government sanctioned attack but by a government unrecognized by the US and both the victim and the perpetrator came back to the US... the US would exercise its jurisdiction over the perpetrator even if the perp was justified under their own government's law. 
     
    The tricky bit here would not so much be the location but the time issue, but there's literally a She-Hulk precedent on this which addresses the issue of time-travel causation crime... so, if it was a crime in Hulk's time/jurisdiction, they could hold Thundra accountable legally (in practice is another story).
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    #19  Edited By defaultdefaultdefault
    @Mainline: 
    I don't think they would risk that either way.
    that could open up war with Thundra's timeline.
    also it's highly likely that the reputable Jen Walters will represent her friend Thundra
    in the case, and she hasn't lost a case in years (nor other universes).
    lastly, it has come to light that Banner has not been paying child support, while
    he has been recorded claiming Lyra as his daughter. So I'm afraid its a little more complex
    than all of that. To the best of my understanding this was resolved already internally, and both
    the Banner and Hulk personalities claim that they we're okay with this.
     
    really though, while what you put forth is very well versed (no sarcasm here, i am complimenting you),
    you must know that this issue would actually fall under the jurisdiction of inter-dimensional law and 
    and have to be moved to a higher office, specifically the one ruled over by the Living Tribunal.
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    LightBright

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    #20  Edited By LightBright

    Every time I see this thread I start to laugh. 

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    #21  Edited By defaultdefaultdefault
    @LightBright: 
    I honestly love it when the legal implications of comic book acts threads start.
    inferiorego was doing a bunch of good ones for a bit there. he should start that again,.
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    roadbuster

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    #22  Edited By roadbuster
    @CATMANEXE said:
    " @Mainline:  I don't think they would risk that either way.   
    I'm not saying they would pursue the case or would win, I'm saying that the laws of Thundra's home would not be a defense or justification.  The other things you list are practical reasons not to pursue it, but as I already stated, the alleged crime fails to meet the definition of rape anyways so that legal avenue is closed to begin with and the court would not extend jurisdiction over such a matter in a civil-only case. 
     
    I've only read so much Hulk so I can't tell if the child support stuff is you joking or not... assuming you're joking, uh... ha.  If not, and that's the story, then again the laws of Thundra's home would not be a defense because she submitted to the jurisdiction of Hulk's court by demanding child support.  If that's the case then technically an internal resolution is not allowed... the court always intervenes on behalf of the "best interests of the child" (which may well be the same action the parents agree to, but the court is not allowed to just let the parents do whatever).  But once again, this is all legal... as a practical matter Hulks aren't particularly law abiding anyways.
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    #23  Edited By defaultdefaultdefault
    @Mainline: 
    good eitherway but as I said this is out of our hands. we here in the Marvel Universe answer to the higher authority
    of the cosmos.
     
    Edit: and i do like what your saying and agree with at all actually (and i pray your never against me in a court room). just applying semantics.
    i always mind that any of our own sciences never really aplly to fictional worlds, especially comics, and it takes some thinking outside the box
    to dictate how it works there. because lets be honest, if we were able to apply our laws there, every character in that universe would be in the
    system.
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    kheranlord12

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    #24  Edited By kheranlord12
    @davidkenneth said:
    "

    Is it just me or was the Hulk raped? I mean granted, him and Thundra didn't have sex but she still took his DNA and had Lyra. So would this be considered rape?

    "
    He was not raped because raped is force sex. But regardless of what happen he was still violated.
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    davidkenneth

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    #25  Edited By davidkenneth

    Wow it would be really cool if a moderator or a staff member would want to follow me or comment. Just saying.
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    Theworldbreaker

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    #26  Edited By Theworldbreaker

    HULK DONT WANT TO BE RAPED STOP TOUCHING HULK IN BAD PLACES OR HULK WILL SMASH!!!!!  
    Thundra: smash in what way? hehehe 
    Hulk: NO STOP PULLING HULK'S PANTS DOWN DONT PUT YOUR HAND IN TH-
     
     
    ROFLE  no he was not raped.

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    Walker696

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    #27  Edited By Walker696

    funny our best and brightest are actually debating over this lol

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    Cherry Bomb

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    #28  Edited By Cherry Bomb

     
    How did she get his sperm? :S while he was sleeping? 
    damn, she must be sneaky .... 

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    MrFantastic

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    #29  Edited By MrFantastic
    @Mainline said:
     The tricky bit here would not so much be the location but the time issue, but there's literally a She-Hulk precedent on this which addresses the issue of time-travel causation crime... so, if it was a crime in Hulk's time/jurisdiction, they could hold Thundra accountable legally (in practice is another story). "
     
    Ah, but the statute of limitation would have run its course by the time she returned to her time.
     
    Case closed!
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    AssertingValor

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    #30  Edited By AssertingValor

    She hulk would rape him!
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    PowerHerc

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    #31  Edited By PowerHerc

    Wronged?  Tricked?  Used?  Maybe.   
     
    Raped?  No.
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