Rape Trial Coverage Fiasco

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Originally Posted by Necron2.0

Right. I said "assuming there were no threats of harm (physical or otherwise)." What I was referring to above as something I would not consider to be rape is something akin to the "negotiations" over sex that most married and/or long time lovers would be quite familiar with. Sometimes at the end of a long day, you just don't have the energy, or you just might not be into it at the time. Maybe you've really been thinking all day about getting that army painted. And then, the love of your life stands in the door of your man-cave/sanctum sanctorum in the fishnets, the studded leather and holding a can of whipped cream. At that point, if you're smart, you'll just put the paint brush down, screw up your courage, have a double espresso, man up and saddle up, because trust me, if you don't, at some time in the future, when your moment of need comes, she will remember.

Now, obviously the example you cited, EG, would be rape, because the threat of active aggression (in this case mental/social as opposed to physical) is being used to overcome the resistance of a truly unwilling partner.

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So ... it sounds like your definition of threats, violence, force, and so forth, are fairly expansive, Necron. You don't seem to favor nonconsent (i.e., it isn't rape unless the victim expressed a definite "no," verbal or otherwise), and a fortiori you don't seem to require resistance. Yet you seem disturbed at the notion of a definition of a rape law that requires lack of consent (i.e., it's rape unless the victim expressed a definite "yes," verbal or otherwise), and I am having trouble seeing why. Given the seeming breadth of your personal definition, you seem to be describing as your personally preferred definition American rape law as it already is.

Or is the defect only in the American treatment of competence - the notion that a sufficiently intoxicated person is basically legally incompetent? Would a law like England's, which defines sexual conduct as rape in the absence of a definite yes,* but accepts a "yes" even by someone who is completely hammered, resolve your objections?

* Caveat caveat exception etc.

Sorry Necron, missed the 'otherwise'.

I'm not sure if this helps re: alcohol and consent but the definition of alcohol facilitated sexual assault adopted in the UK is this:

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Originally Posted by UK Advisory Council on the Misuse of Drugs, 2007

all forms of non-consensual penetrative sexual activity whether it involves the forcible or covert administration of an incapacitating or disinhibiting substance by an assailant, for the purposes of serious sexual assault: as well as sexual activity by an assailant with a victim who is profoundly intoxicated by his or her own actions to the point of near or actual unconsciousness

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[URL="http://25.media.tumblr.com/8285d90e30a32aeb8b930cfcbaedbd22/tumblr_mk2xylTqAg1qew20wo1_500.jpg"]Questionably safe for work, but relevant.[/URL]

That's a very good picture.:)

It was in the tumblr feed this morning, looked appropriate
it was bracketed by [URL="http://24.media.tumblr.com/2494f7f26ef5a67828b5b752f4f20911/tumblr_mjz29cGkpv1roi9tjo1_500.png"]this[/URL] and [URL="http://24.media.tumblr.com/411c286fffd100d4199516f251f7dffd/tumblr_mjipk97ITm1qk1wgyo1_500.jpg"]this[/URL] so kinda stood out...

I think [URL="http://www.independent.co.uk/news/world/americas/us-judge-prompts-outrage-after-saying-if-she-didnt-want-sex-her-body-should-have-just-shut-down-in-rape-case-and-reducing-sentence-of-attacker-by-ten-years-8414674.html?fb_action_ids=10151312196366370&fb_ac tion_types=news.reads&fb_source=other_multiline&ac tion_object_map={%2210151312196366370%22%3A1468290 82131703}&action_type_map={%2210151312196366370%22 %3A%22news.reads%22}&action_ref_map=[]"]this[/URL] "judge" should be encouraged to retire to his study with a scotch and a pistol.

... why? Because he found that the accused had committed the acts of which they were accused? Or because it's been nine days and we still don't know what the sentence will be?

no the one in the link, with his shameful world view.

hmm i copied the wrong link doh >_<

fixed but the links older than I realised.

... oh my. Yes. I'll get the pistol if you get the scotch.

Why would you waste good scotch on him?