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Re: What is rape?

By: Cactus Flower in ALEA | Recommend this post (0)
Wed, 22 Aug 12 8:31 PM | 115 view(s)
Boardmark this board | The Trust Matrix 		Msg. 09445 of 54959
(This msg. is a reply to 09443 by DigSpace)
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Hi dig,

nice post.

for myself, the problem is partly with the use of the word rape.

a man who proceeds to completion of an act to which both parties have previously agreed is not of exactly the same sort as a man who creeps through the window of a stranger and forces himself upon her.

it seems to me there's a shortage of words. and that perhaps those who address the blur at the edge of the definition of rape have something to say.

certain transgressions may not require the formation of a jury. others obviously do. i don't think the bar should be so low that a vindictive lover can screw her ex. or so high that a wronged woman has no recourse.

a new name and definition for post-consensual, unforced acts which are in more of a grey area might help a little.


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The above is a reply to the following message:
Re: What is rape?
By: DigSpace in ALEA
Wed, 22 Aug 12 7:37 PM 		Msg. 09443 of 54959

as the pendulum swings ...

given that for so long it wasn't rape unless she was battered and broken, there has been a push to realign the thinking and the culture of what is or is not consensual sex.

I have heard it argued that a woman cannot rape a man in the classical vaginal sense as that would involve an erection, which is presumed to mean arousal ... in essence that an erection constitutes consent. Odd. However, I have been told with some authority by those in the field (so to speak) that some female rape victims experience orgasms, and that this is a particularly difficult component of the psychological aspect for the victim to overcome.

The contract violation mentioned earlier in the thread would simply be a civil matter, determining when it transcends into a criminal matter is definitely tricky.

For the time being, many states have swung the pendulum decidedly towards establishing a women's rights on these matters.

Other areas where such confusion may occur include contact sports. Is a hockey player that goes over the top simply violating a rule and get 2 minutes in the box, or did they cross a line in what was originally consensual violence into criminal conduct.

The same question is asked: should the law insert itself into this game?

It seems to me trying to endlessly refine the law is a fools errand. This is what juries are for. Oddly, at least in the US, it seems juries are instructed to not interpret law, but only interpret facts. They are to convict (so the judge says) regardless of whether they think it is an inappropriate unjust conclusion.

It seems to me that rape is a crime, it is up to individuals to decide if they want to make a criminal complaint and for juries to determine whether the crime occurred ... not endlessly clever legislators.

Certainly law must be written, there needs to be something resembling consensus benchmarks and standards, and it would seem a jury should be able to parse whether a failure to immediately pull out as a consequence of a sudden change in mood of the partner is a criminal act or not.



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