It's nether in most cases. There is a thing called "unclean hands" when you talk about things like this and the law. You can't walk into court and say this guy owes me $20 for a crack rock he stole from my house.
http://en.wikipedia.org/wiki/Unclean_hands
Unclean hands, sometimes clean hands doctrine or dirty hands doctrine[1] is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy on account of the fact that the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands".[2] The defendant has the burden of proof to show the plaintiff is not acting in good faith. The doctrine is often stated as "those seeking equity must do equity" or "equity must come with clean hands".
A defendant's unclean hands can also be claimed and proven by the plaintiff to claim other equitable remedies and to prevent that defendant from asserting equitable affirmative defenses. In other words, 'unclean hands' can be used offensively by the plaintiff as well as defensively by the defendant. Historically, the doctrine of unclean hands can be traced as far back as the Fourth Lateran Council.
For fun, I guess I would say more theft rather than rape since consent is involved.
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