Monday, June 30, 2008

He Asked For It.

Dr. Helen asks an interesting question here. However the example is very bad. They guy got drunk, went home with a woman and she took advantage of him while he was passed out. When he found himself the object of unwanted attention he did not insist on his rights but let it happen because of fear of the law. This strikes me as implausible. If he had simply walked out the odds of anything bad occuring to him are slim to none.

This kind of case would cause even more problems however. The feminists have taught us that every sexual act must be explicitly consensual (and even those may be rape). What if he voluntarily slept with her, decided against it and then went to sleep and the same thing happened? Would he still have a rape case? I think it would be seen as implied consent, however, under this scenario every time some girl starts the festivities before the guy is fully awake it could be a rape accusation.

Interestingly, in some jurisdictions the definition of rape (rather than assault) requires that the victim experience "penetration however slight." This does not occur to men in this example.

He was not tied up. He was not physically incapacitated throughout. He was not overpowered or threatened at gunpoint with bodily harm. I think the elements of proof in this story make it almost impossible to get a conviction beyond a reasonable doubt. I would also look into a "diminished capacity" defense for the pregnant woman caused by the alcohol and the sexual hormone spike many women have at certain points in pregnancy that create vastly increased sexual desire.

Bottom line: I do not believe that 19 year old male marines getting raped by women is a widespread societal problem.


James Landrith said...

There are a few problems with your analysis of my rape.

First, I did not go home with her - I got a room at a hotel for the night rather than driving home inebriated. She was stranded many miles from home without a ride and ASKED me if I would help her out. We shared a room and we both agreed beforehand that sleeping was the only thing happening that night. She was insistent on it as was I as I had a girlfriend and this woman was a friend of a friend who was in need. Period.

Second, it may strike you as "implausible" but you weren't there so what you find "implausible" is fairly irrelevant. I didn't insist on my rights? How do you insist on your rights when you are passed out?

What possible evidence do you have to back up the vicitim-blaming assertion that nothing would have happened if I just walked out of there? You bring up that a conviction would have been very difficult. True, but the incredible amount of damage this would have done to my life and career was incredible - not to mention the fact that the good people of Onslow County were not necessarily readers of your blog and don't necessarily share your views.

It is not as cut and dried as you would like to think.

When you end up in the same situation, with your liberty threatened after having already been raped once before that same night, let me know how you respond ot the second rape.

Further, I don't believe that there is an epidemic of 19 year old Marines being raped either.

Don't recall indicating otherwise...

Dave S. said...

My colleague tends to use the text as a starting point for his own analysis, regardless of suthorial intent or, indeed, the contents of the text. He's kind of post-modern like that but he'd never admit it - too modest.

Dave S. said...

"suthorial" = "authorial"

This concludes our annual reminder to always preview your comments.

James Landrith said...

Thanks Dave, that explains a lot.