25
   

Hey, Can A Woman "Ask To Get Raped"?

 
 
firefly
 
  3  
Reply Mon 31 Jan, 2011 12:26 am
@hawkeye10,
Hawkeye..
Quote:
Go ahead keep playing dumb, because the take away is that you are lying....again.
"lack of consent was clearly expressed" could very easily mean that she clearly never said "yes" . There is a world of difference between needing a yes and not getting a no, and my statute supports either interpretation.

I quoted--verbatim--your state statute on rape in the 3rd degree--and you are accusing me of lying? You really are out of touch with reality--that's what being paranoid, obsessed, and delusional will do to you. You are really mentally ill. I post your state statute on rape in the 3rd degree and you accuse me of lying.

Hawkeye...
Quote:
"lack of consent was clearly expressed" could very easily mean that she clearly never said "yes"

You are also too dumb to understand what you read. The statute says that lack of consent was clearly expressed by the victim's words or conduct.
THAT DOESN'T MEAN SHE CLEARLY NEVER SAID YES.

This is your state statute...
Quote:
Rape in the 3rd Degree
(a) Where the victim did not consent as defined in RCW 9A.44.010(7), to sexual intercourse with the perpetrator and such lack of consent was clearly expressed by the victim's words or conduct,

You don't have to understand consent for the above--you only have to understand LACK OF CONSENT--LACK OF CONSENT CLEARLY EXPRESSED BY WORDS OR CONDUCT.

Are you too intellectually limited to understand what lack of consent is? Can't you understand the words, "No" or "Don't do that--stop"? Or what it means if she pushes, shoves, or tries to get you off of her--while possibly yelling, screaming, or crying? Or is that how all your sexual partners act?

You continue to display both your ignorance and your psychopathology.

I ask you again...

So, Hawkeye, what is your problem with defining rape as sexual intercourse without consent, where the lack of consent was clearly expressed by the victim's words or conduct?

Are you saying that a person can never say, "NO!" to unwanted sexual intercourse--and scream, and shove, and kick--to indicate that the sexual act is unwanted?

Are you saying that it is acceptable to you to ignore the protestations of someone who does not want sexual intercourse and penetrate them anyway?

Or aren't you able to even understand the actual rape law of the state you live in--Washington--the one that you have been ranting about for 380 pages?

Still waiting for your response, Hawkeye.

0 Replies
 
hawkeye10
 
  -2  
Reply Mon 31 Jan, 2011 12:27 am
@firefly,
Quote:
You don't have to understand consent for the above--you only have to understand LACK OF CONSENT--LACK OF CONSENT CLEARLY EXPRESSED BY WORDS OR CONDUCT.

Are you too intellectually limited to understand what lack of consent is? Can't you understand the words, "No" or "Don't do that--stop"? Or what it means if she pushes, shoves, or tries to get you off of her--while possibly yelling, screaming, or crying? Or is that how all your sexual partners act?

I'll try again...if consent should be a clear and freely given "yes" by words or action then the lack of a "yes" is non consent. It it was very clear that there was never a yes then we have a clearly expressed lack of consent. It was the OLD LAWS that had it that no meant no....you remember, the ones that the feminists discarded as not being good enough.

I have seen legal opinion that the words "freely given agreement" function almost interchangeably from "Informed consent" , so the new washington law could be interpreted as "unless you the man are sure that you have obtained a "yes" at the time of the act and all during the act from a person who was fully informed about and fully able to judge their choices and options and who gave their agreement to participate in the sexual acts practiced without mental reservation or pressure you sir are a rapist"
firefly
 
  3  
Reply Mon 31 Jan, 2011 12:43 am
@hawkeye10,
Quote:
I'll try again...if consent should be a clear and freely given "yes" by words or action then the lack of a "yes" is non consent

THAT IS NOT WHAT THE STATUTE SAYS. WHAT IS YOUR PROBLEM UNDERSTANDING THE WORDING OF THIS STATUTE?
Quote:
Rape in the 3rd Degree
(a) Where the victim did not consent as defined in RCW 9A.44.010(7), to sexual intercourse with the perpetrator and such lack of consent was clearly expressed by the victim's words or conduct,

THE VICTIM HAS TO CLEARLY EXPRESS LACK OF CONSENT--BY WORDS OR CONDUCT. THAT IS NOT "LACK OF A 'YES'".

No wonder you object to the rape laws--you're too stupid to understand them.

Try reading this first, since you're clearly not ready to tackle the rape laws ...you're obviously not even up to understanding a simple ONE SENTENCE rape law. Laughing If you need help with it, ask BillRM or Ionus, although it might be too difficult for them too Laughing
http://www.lifespy.com/wp-content/uploads/2007/07/dummies.png
I ask you again...

So, Hawkeye, what is your problem with defining rape as sexual intercourse without consent, where the lack of consent was clearly expressed by the victim's words or conduct?

Are you saying that a person can never say, "NO!" to unwanted sexual intercourse--and scream, and shove, and kick--to indicate that the sexual act is unwanted?

Are you saying that it is acceptable to you to ignore the protestations of someone who does not want sexual intercourse and penetrate them anyway?

Or do you want to admit you aren't able to even understand the actual rape law of the state you live in--Washington--the one that you have been ranting about for 382 pages?

Still waiting for your response, Hawkeye.

hawkeye10
 
  -2  
Reply Mon 31 Jan, 2011 01:30 am
@firefly,
Your dumb blond act gets old. Here are the jury instructions

Quote:
The Washington State rape statute defining consent as requiring 'actual words or conduct indicating freely given agreement to have sexual intercourse,' was . . . silent as to where the burden lay as to the showing of consent. The defendant in State v. Camara claimed that judge's charge to the jury improperly inferred that the burden was upon him. The Washington Supreme Court determined that there was 'support in the history and purposes of rape law reform' to conclude that the intent of the legislature was to shift the burden of proof to the defense. As a result of the Camara decision, Washington courts typically included the following instruction to juries in rape cases:

"A person is not guilty if the sexual intercourse is consensual. "Consent" means that at the time of the act of sexual intercourse, there are actual words or conduct indicating a freely given agreement to have sexual intercourse. The burden is on the defendant to prove by a preponderance of the evidence that the sexual intercourse was consensual.
?

http://falserapesociety.blogspot.com/2010/12/burden-of-proving-consent-under-rape.html

The old law was that the state had to prove that the woman said no. the new law is that the man has to prove that the woman said yes. The woman does not need to say no for there to have been a rape, she can do nothing, she can be drunk, she can claim that she felt pressure, she can claim stupidity and say she did not know what she was agreeing to.....and, and, and....

I liked the "no means no" law, if you like it to then work with me to bring it back. But you will not, because you don't actually want consent to mean the absence of a no. You Feminists are set up an "enthusiastic YES!" preferably with a smiley face.
BillRM
 
  -3  
Reply Mon 31 Jan, 2011 01:39 am
@hawkeye10,
Hawkeye I been reading and doing research by reading legal scholars papers on the subject of rape by fraud/coercion and my conclusion is that under some of these propose laws you would need to take your lawyer on the date.

Even with your lawyer you can not be sure what a court will not decide that a level of coercion existed that invalid consent long after the event.

And no Firefly in all relationships no matter how loving there is a balance of pressures/coercions between couples.

Lord do I feel bad for the younger generation as no force, no threat of force, no drugs or alcohol and with consent you are still not in the clear of being label a rapist.

Hmm, there are companies that build and run private prisons maybe we should buy shares as it look like the prison population is going to go up.

Maybe companies that manufacture masturbation dolls would be a good investment also given the fear that will exist in young men no matter how horny they are fearing to risk having sex with a female partner.
hawkeye10
 
  -2  
Reply Mon 31 Jan, 2011 02:00 am
@BillRM,
Quote:
Even with your lawyer you can not be sure what a court will not decide that a level of coercion existed that invalid consent long after the event.

Yep, and what does it say about us that we set up law where a person can not know if they are a criminal or not until we have a trial? I get that the feminists want to scare guys into being extremely cautious and want a system where guys can only be sure that we will avoid the chains if we obey our women, but what the **** were we thinking when we agreed to this scheme? Most women dont want to be treated like the feminist are demanding that they be treated, any man in his right mind would not want to act like the feminists are demanding that he act...This was all one doozy of a brain fart.
BillRM
 
  -3  
Reply Mon 31 Jan, 2011 02:01 am
@hawkeye10,
Quote:
enthusiastic YES!" preferably with a smiley face.


That enhusiastic yes better had come without any pressure of any kind also.
BillRM
 
  -3  
Reply Mon 31 Jan, 2011 02:04 am
@hawkeye10,
Quote:
set up law where a person can not know if they are a criminal or not until we have a trial?


Add to that it does not normally take a conviction to ruin a young man life.
hawkeye10
 
  -3  
Reply Mon 31 Jan, 2011 02:07 am
@BillRM,
Quote:
That enhusiastic yes better had come without any pressure of any kind also.
And if you plied her with dinner thus gave her the idea that she should do something nice for you in return..for instance have sex with you even though she is not that into it, you are a ******* RAPIST!

Go to jail you SOB, do not pass go...
hawkeye10
 
  -3  
Reply Mon 31 Jan, 2011 02:11 am
@BillRM,
Quote:
Add to that it does not normally take a conviction to ruin a young man life
Well, the state will certainly help the process along by advertising that it claims that you are a sexual predator,and would all of your other victims please come forwards (because of course they assume that you are a career rapist) no matter how minor the actual claimed misdeeds are. You can feel free if you want to try to explain to all of your friends (any that are still talking to you) that you did not in fact actually pull some woman off the streets, chain her up, and have your way with her as she was screaming NO!. ....Any feelings of injustice that you might have about this turn in your life is NOT. THEIR. PROBLEM.
firefly
 
  3  
Reply Mon 31 Jan, 2011 02:47 am
@hawkeye10,
Quote:
The old law was that the state had to prove that the woman said no. the new law is that the man has to prove that the woman said yes. The woman does not need to say no for there to have been a rape, she can do nothing, she can be drunk, she can claim that she felt pressure, she can claim stupidity and say she did not know what she was agreeing to.....and, and, and....

Again, you are not addressing the law--as it is written. You are confusing the actual rape statute with a defendant's defense at trial that the sexual intercourse "was consensual". That's a defense--not the rape law. Your thinking continues to be extremely muddled. Obviously the defense for a non consensual act is to claim it was consensual. That's why the jury is given the definition of "consent"--so they can understand what the defendant's "it was consensual" defense means. But that is not what the defendant is charged with--he is charged with rape in the 3rd degree as it is defined in this statute.
Quote:
Rape in the 3rd Degree
(a) Where the victim did not consent as defined in RCW 9A.44.010(7), to sexual intercourse with the perpetrator and such lack of consent was clearly expressed by the victim's words or conduct

What the defendant is accused of doing is ignoring the victim's lack of consent, as expressed in her words or behavior--the fact she said, "No" or "Stop--don't do that" or "I don't want you to do that"--or she pushed, shoved, tried to get him off her--or she screamed, yelled, cried--or she did all of those things--and he ignored her and had sexual intercourse with her. In other words, THE DEFENDENT IS CHARGED WITH VIOLATING THAT RAPE IN THE 3rd DEGREE STATUTE EXACTLY AS IT IS WORDED. And the victim is going to get on the witness stand and, under questioning by the D.A., she will describe how she expressed lack of consent through her words or behavior.
Quote:
The old law was that the state had to prove that the woman said no. the new law is that the man has to prove that the woman said yes. The woman does not need to say no for there to have been a rape, she can do nothing, she can be drunk, she can claim that she felt pressure, she can claim stupidity and say she did not know what she was agreeing to.....and, and, and....

No, dummy, there was no change from "old law" to "new law". The law says that the woman must clearly indicate lack of consent through words or behavior--she must say, or indicate, "NO"--that the sexual act is unwanted.--because that is how the rape statute reads. She cannot do nothing--she must indicate lack of consent in some way.
Being drunk, or feeling pressured are covered by different sexual assault statutes--not by rape in the 3rd degree, and rape in the 3rd degree is the "date rape" statute.
Quote:

I liked the "no means no" law

IDIOT--YOU HAVE THE "NO MEANS NO" LAW! READ THE STATUTE! IT SAYS THE VICTIM CLEARLY SAID, OR INDICATED, LACK OF CONSENT--AND THE PERPETRATOR IGNORED THE VICTIM'S CLEARLY EXPRESSED LACK OF CONSENT. THAT IS RAPE IN THE 3rd DEGREE. THAT IS"NO MEANS NO"!

The problem is you are so obsessed with your paranoid delusions about feminists, and how they have altered the laws, that you think the rape law in your state requires affirmative consent--but it doesn't require it. Your obsessions cause you to distort reality, and I'm not kidding about that. The rape law requires her to clearly express non consent in either words or behavior.
Quote:
I liked the "no means no" law, if you like it to then work with me to bring it back

FOR OVER 382 PAGES YOU HAVE BEEN RANTING ABOUT THE RAPE LAWS IN YOUR STATE AND WANTING THEM CHANGED--BUT YOU ALREADY HAVE THE SORT OF LAW YOU WANT--YOU HAVE A "NO MEANS NO" LAW--AND YOU HAVE BEEN TOO STUPID, AND TOO OBSESSED WITH YOUR PARANOID DELUSIONS ABOUT 'FEMINISTS', TO REALIZE THAT.

THAT'S WHY YOU NEED TO READ THE LAWS!

I HOPE YOU FEEL LIKE A COMPLETE FOOL--BECAUSE YOU JUST PROVED THAT IS EXACTLY WHAT YOU ARE.
http://badwraps.phpwebhosting.com/stickerheads2597/images/IGNORANCE34343.jpg

AT THIS POINT YOU SHOULD WIPE THE EGG OFF YOUR FACE AND QUIT THIS THREAD

http://romancewritersonthejourney.files.wordpress.com/2009/09/egg-on-face1.jpg

Ionus
 
  -4  
Reply Mon 31 Jan, 2011 03:28 am
@firefly,
Quote:
Where the victim did not consent as defined in RCW 9A.44.010(7), to sexual intercourse with the perpetrator and such lack of consent was clearly expressed by the victim's words or conduct,
Exactly how is that proven ? The victim's testimony ? Is it like proof against the CIA, where you ask if they did it (and in this instance they are male) and if they deny it then they must have done it.
hawkeye10
 
  -3  
Reply Mon 31 Jan, 2011 03:48 am
@firefly,
Quote:
You are confusing the actual rape statute with a defendant's defense at trial that the sexual intercourse "was consensual". That's a defense--not the rape law. Your thinking continues to be extremely muddled. Obviously the defense for a non consensual act is to claim it was consensual. That's why the jury is given the definition of "consent"--so they can understand what the defendant's "it was consensual" defense means. But that is not what the defendant is charged with--he is charged with rape in the 3rd degree as it is defined in this statute.
WOW, normally I dont mind playing games with you but your "I'M too stupid to know how definitions work" game has gotten stale.

Quote:
dummy, there was no change from "old law" to "new law". The law says that the woman must clearly indicate lack of consent through words or behavior--she must say, or indicate, "NO"--that the sexual act is unwanted.--because that is how the rape statute reads. She cannot do nothing--she must indicate lack of consent in some way.
again indicating that you dont understand definitions...Washington law revolves around the voicing of agreement, or the absence of voicing agreement, not the voicing of disagreement. That was the OLD law. The old law said that the had to resist through words or actions if she wanted to claim rape, but the feminists told us that we were expecting to much out of our victims so we changed the law.

Quote:
IDIOT--YOU HAVE THE "NO MEANS NO" LAW! READ THE STATUTE! IT SAYS THE VICTIM CLEARLY SAID, OR INDICATED, LACK OF CONSENT--AND THE PERPETRATOR IGNORED THE VICTIM'S CLEARLY EXPRESSED LACK OF CONSENT. THAT IS RAPE IN THE 3rd DEGREE. THAT IS"NO MEANS NO"!

If "consent" was defined as "the absence of objection" we would have a "no means no law", which was effectively the case when resistance was required to make a rape case. We lost that.
BillRM
 
  -4  
Reply Mon 31 Jan, 2011 04:17 am
@Ionus,
Quote:
Exactly how is that proven ?


Ionus women do not lie about being rape it would seems so there is no good reason not to send men to prison for twenty years on their word alone.

Video tape all sexual encounters as a video without permission charge is one hell of a lesser crime then a rape conviction.
0 Replies
 
hawkeye10
 
  -3  
Reply Mon 31 Jan, 2011 04:19 am
This is a trip...after all of the law changes, after all of the money spent, after all of the effort put forth on "take back the night" rallies, after all of the new rape stores that have been set up, after all of the PR campaigns here we have a feminist in her 2008 book acting like nothing has changed. They need more, more, more...and you just know what ever we give them it will never be enough...

Addressing Rape Reform in Law and Practice
Susan Caringella


Quote:
To say that balancing the
scales to promote greater equality for rape victims is long overdue is an understatement.
Defendants enjoy special privileges, like requiring victims to have resisted,
like legally impugning the character, truthfulness, and reputation of rape
victims with their past sexual activities and even past interactions (even if not
involving coitus), and like the need for them to express nonconsent—which is
not required in other crimes and prosecutions. It is high time to give victims
a fair shake, to dismantle the zealous overprotections for men accused of this
crime, which have been buoyed up by the myths about false accusation, ulterior
motives, and so on, commonly embraced when rape charges are levied. Because
of such factors, rape continues to be, as the FBI claimed over thirty years ago, the
“most notoriously underreported offense in the country” (1975: 15). The unique
barriers those victimized by rape face dissuade them from reporting and prosecuting
offenders; the effect is that they are discriminated against: denied access
to and protection from the criminal justice system. Just think about the Kobe
Bryant case. The publicity and resultant trauma were so overwhelming that the
alleged victim finally had to retreat and withdraw her charges. The physically
disabled have been empowered to sue to gain access to courts; rape victims, disabled
for different reasons, are entitled to similar recourse (Lane 2004: A1). Leveling,
balancing, and seeking comparability are not efforts to seek privileges or
advantages for victims. Rather, serious changes are desperately needed in order
to counterweigh what has been a gross level of inequality and unequal access to
legal protection for a crime that is “particularly difficult to prosecute” (Temkin
2002: 238; also see Adler 1987; Du Mont and Myhr 2000; Estrich 1987; Fairstein
1993; Hunter, Burns-Smith, and Walsh 2000; Vachss 1993). If a “serious imbalance
between the rights of criminal defendants and the rights of crime victims”
(Kilpatrick, Beatty, and Howley 1998: 1) characterizes adjudication of crime in
general to the point of arguing for a constitutional amendment (as with victims’
rights legislation), the degree of “imbalance” between the rights of the accused
and the rights of victims in rape cases cannot be gainsaid.

http://cupola.columbia.edu/veaf7.pdf
Feminists refuse to consider that victims not cooperating with the establishment that claims to have been set up for their benefit might have something to do with factors other than conspiracy theorys about female oppression at the hands of males. It might be that the either the rape feminists don't understand the needs of their market, or that the rape feminists are grossly incompetent, or the one I am going with....that rape feminists don't really care about victims. What ever the reason, after three decades, hundreds of billions of dollars, and the scores of men abused by the criminal justice system after we implemented the legal reforms championed by the anti-rape movement (which by the way, did almost of nothing that they were supposed to do in fixing the problem and are largely acknowledged by even the feminists as a bust) it is clearly time to cut bait. What ever these bitches are up to, it ain't good for us.
BillRM
 
  -4  
Reply Mon 31 Jan, 2011 04:29 am
@hawkeye10,
The poor poor Kobe Bryant "victim" follow him to his room where it was not her job to do so and after jumping his bones cry rape.

Walking aways with millions and millions just being pay to just go away.

Poor little very wealthy and very bright "victim" indeed.

Ionus
 
  -3  
Reply Mon 31 Jan, 2011 04:30 am
@hawkeye10,
Quote:
"take back the night" rallies
Ask the Police if they think it was a good idea.....clearly they had other agendas apart from militant feminism. They were worried some women might actually be stupid enough to think their rights would protect them alone in a dark alley.

Quote:
you just know what ever we give them it will never be enough...
A feminist asked JFK what had he done for the promotion of feminism since coming into office and he famously replied, " well whatever it was I am sure it wasnt enough".
0 Replies
 
Ionus
 
  -3  
Reply Mon 31 Jan, 2011 04:32 am
@BillRM,
Quote:
Walking aways with millions and millions just being pay to just go away.
Is there a list somewhere on a notice board for women to put their names down to be the next victim ? Or do they just have to come up with their own scheme ? Will any men be paid for false imprisonment to the same value ?
BillRM
 
  -4  
Reply Mon 31 Jan, 2011 05:22 am
@Ionus,
I just can picture how annoying it must had been to write that check for her to go away but who would wish to risk some brain dead jury sending him away for 20 years instead.

She had him by the old balls.
0 Replies
 
hawkeye10
 
  -2  
Reply Mon 31 Jan, 2011 05:34 am
@Ionus,
Quote:
Is there a list somewhere on a notice board for women to put their names down to be the next victim ? Or do they just have to come up with their own scheme
THe Kobe thing was somewhat rare, most women dont get much. The feminists are working on it, with Federal Victim assistance programs, with running a restitution program where the feds will take some of what ever money the perp makes for the rest of his life and had had it to the victim, and the opening up of civil courts so that the victims can sue to get any assets that the poor schmuck might have. Funny thing happens though when the guy is thrown in jail for long periods, and then when he comes out needing to deal with being on the sex offenders list...not a whole lot of money comes in. If he has (had) a wife a kids they are pretty much fucked...not that anyone cares. I think we call them collateral damage in the "war on rape", and what with all of the damage done to our families because of the "war on drugs" this is a well worn script.

Thing is many if not most of the victims of sexual assault care about the guys who hurt them, or who got mixed up in a consent confusion with them...the victims often dont want to see the rapists hurt. A big reason why victims do not report.
 

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