FDF
In a notorious part of Sydney, which is also the self-proclaimed "capital" of the LGTBI community, there is a gay night club/bar that is exclusively for men and drag queens. In this club there is a sex table, where participants climb on and are fuck every which way engage in many different types of sexual activities by whoever stands near the table. Above the table is a big sign that more or less says "Do NOT climb on this table unless you consent to "relations" with whoever walks past". These signs are posted throughout the club and there are condoms on the table. This club and the table is notorious in this part of Sydney and well known to the gay community and the adage is that you 'have to be brave to climb the table because once you're on, it's on'.
One evening, a young guy attends this club and climbs on the table. As predicted, group sex ensues. However, the man contacts the police the police and asserts that he was raped and the sex was not consensual. He does however admit to consensually climbing on the table.
What are your feelings on this? Does the victim have a right to press charges even though he climbed on the table and the warnings about the table were well sign-posted? Does implied consent equal consent in this case?
A further complication is that it is highly likely that the victim was straight and was part of a group of homophobic trouble makers that were targeting gay night clubs in this area to harass and shame gay men and, as such, the guy climbed onto the simply to make fun of all the people at the club. Does this change your answer?
Non-hypothetical ethical debate inspired by a friend's story.
One evening, a young guy attends this club and climbs on the table. As predicted, group sex ensues. However, the man contacts the police the police and asserts that he was raped and the sex was not consensual. He does however admit to consensually climbing on the table.
What are your feelings on this? Does the victim have a right to press charges even though he climbed on the table and the warnings about the table were well sign-posted? Does implied consent equal consent in this case?
A further complication is that it is highly likely that the victim was straight and was part of a group of homophobic trouble makers that were targeting gay night clubs in this area to harass and shame gay men and, as such, the guy climbed onto the simply to make fun of all the people at the club. Does this change your answer?
Non-hypothetical ethical debate inspired by a friend's story.