Suppose I am closed in a room with an unconscious man who drank too much. It is a hot day and I try to keep the window open, to get some air, but it does not stay so. Case 1: I use this man's body (one of his feet) to prevent the window from getting closed. Case 2: I get sexually aroused and I have sex with this man. In both cases, he does not wake up, and he gets some bruises from my acting, but he comes to know what I did only some days later. Morally speaking, it seems that what I did in Case 1 was a minor offence (if it is an offence at all), but what I did in Case 2 was a serious crime, it was rape. But what difference between the cases justifies these different moral judgments? In both cases I used a man as a tool to advance my interests, I did something that he would probably not want, and I caused him some bruises. The difference, I suppose, is that he would *see* or *feel* that my action in Case 2 was more serious, more offensive. And that "society" would see or feel the same. But, morally speaking, can my action BE more serious or offensive only because other people see it so?