Rape: A hypothetical question

Jan 24, 2008 11:45

...inspired by recent events, but not intended as speculation about them ( Read more... )

bitchassness, negro please!

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Right... keeni84 January 25 2008, 14:43:55 UTC
I stopped taking your argument seriously when you wrote that "filmed semicomatose intercourse" doesn't count as rape.

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Re: Right... guttaperk January 25 2008, 17:57:06 UTC
Where did I write that?

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Re: Right... keeni84 January 25 2008, 18:49:08 UTC
http://community.livejournal.com/blackfolk/5712714.html?thread=109523274#t109523274

"I'm not claiming that that was what happened; I'm just saying that filmed semicomatose intercourse does not, for me, prove rape. I suspect that the law backs me up, and I suspect that that's why the case never went to trial."

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Re: Right... guttaperk January 25 2008, 19:02:21 UTC
The key word there is "prove".

I do think that such a film should be basis for investigation. But more investigation and context would still be necessary to establish proof.

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Re: Right... keeni84 January 25 2008, 21:08:13 UTC
I knew you were going to say that. I had a response typed out and everything, but I erased it to give you the benefit of the doubt.

You speak English fairly well. I'll go ahead and say you're a native speaker; things like context and implication aren't foreign concepts to you.

When you write:

"For instance, someone can get intoxicated with members of the opposite sex for the purpose of intercourse- should that consent be totally invalidated by their lack of consent at the moment of entry? I don't think so."

and then match that with

"I'm not claiming that that was what happened; I'm just saying that filmed semicomatose intercourse does not, for me, prove rape. I suspect that the law backs me up, and I suspect that that's why the case never went to trial."

you imply that, regardless of what "the law says" (which you seem to think agrees with you--it doesn't, actually) any consent given prior to "the moment of entry" is actual consent ( ... )

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Re: Right... dyvinesweetness January 26 2008, 00:25:29 UTC
"Consent, if you haven't noticed, is fluid. A man or woman can deny consent at any time."

"A man or woman who is unable to continuously give consent is not giving consent."

Thank you for bringing up these points. I wonder if people are pretending to be fucking brain dead for kicks or if they actually believe the bullshit they are spouting. I don't know which is scarier.

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Re: Right... guttaperk January 26 2008, 11:19:42 UTC
Your italicised words are a good guide to practical, legal, ethical, safe behaviour.

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Re: Right... guttaperk January 26 2008, 12:02:34 UTC
Thanks for your considered response, and thanks also for "the benefit of the doubt ( ... )

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Re: Right... daveanthony January 26 2008, 19:55:04 UTC
I do feel that an explicit verbal agreement to drunken sex (even if vague as to which participants should be involved) followed by deliberate overconsumption of alcohol constitutes consent to... drunken sex.

And here is the central flaw of your position. I just pointed this about above. You are straight-up wrong to say that this constitutes consent to drunken sex because you specifically state that it is the case "even if vague as to which participants should be involved." You are confusing intent with consent. A woman's intent may be to have drunken sex with a then-unknown man. But she is NOT giving consent to any man to have sex with her. Consent does not refer or apply only to acts, but the person with whom those acts are done. You CANNOT separate consent from party the way you do here and claim some kind of before-the-fact consent. Sex has to be consented to not only on the basis of the act itself, but the person with which that act is performed.

A woman intending to have sex with a guy is not in any way consenting to ( ... )

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