@hawkeye10,
Quote: The argument that we have been having revolves around Firefly insisting that we keep on dealing with sexual and relationship health through the courts, and me saying that this way has been a failure, is an assault upon individual liberty, and is expensive. I want to move off of overt regulation and policing, and move towards a more holistic compassionate response.
What we mainly differ on, Hawkeye, is how we view rape. I consider it a crime, and you have referred to it as "part of the sexual dance".
I do not consider rape to be any aspect of "sexual and relationship health"--and the fact that you make such an equation shows that you do not consider rape to be a violation of one person by another. By deeming it an aspect of "a relationship"--you infer that it involves some mutuality, that both parties contribute to the act of rape. No, Hawkeye, only one party commits the rape, by having non consensual sexual intercourse against the will of the other party. You must also be assuming that most rapes occur only within the context of an ongoing relationship, and apart from spousal rape and incest and possibly co-worker rape, most people may have little of any sort of a "relationship" with their rapist, if they even really know him at all. Although most rapes are committed by someone known to the victim, that does not mean they are in a "relationship", Being raped by someone you just met in a bar or at a party hardly qualifies as having a "relationship". Rape is not a reflection of a dysfunctional relationship--it is an indication of lack of impulse control, and dysfunction,
in the rapist.
Laws prohibiting rape are not an "assault on individual liberty"--unless one aspires to be a rapist and resents the fact that there are legal consequences to such behaviors.
And, if your idea of "moving off overt regulation and policing", means de-criminalizing rape, and allowing rapists to roam free in the community with no consequences for their actions, you show no regard for the welfare of society, or any appreciation of the often devastating effects of rape.
Quote:I am before that a proponent for individual rights and an advocate for sexual and erotic health
Then consider the rights of those who wish to refuse sexual contact. And advocate sexual behaviors that are engaged in only with the "freely willing knowing agreement" of the partner.
Quote:The main thing that we do wrong in going after real rapists though is that we are plenty willing to abuse the victim some more in our pursuit of the rapist.
You certainly are willing to abuse the victim even more as she goes through the legal process. You resent the money alloted to rape crisis centers, and the idea of providing the victim with an advocate who can offer her support as she goes through the ordeal of helping to bring her rapist to justice.
And, you certainly do resent the rape shield laws which prohibit dragging the victim's entire past sexual history into court--you want to see her as embarrassed, and shamed, and humiliated, and discredited as possible--even though her past sexual history has absolutely no bearing on whether she was raped on a particular occasion. You've said, "If she was a slut, I want to know about that". That's exactly why we need rape shield laws, Hawkeye, because of people like you--people with double standards, who look down on women who enjoy their sexual freedom, but regard men who behave in similar ways as admirable studs, and people who would decide whether a woman was raped by looking at her past sexual history rather than considering the behavior of the man who is charged with rape and whether his behavior violated the law. Do you want the defendant's past sexual history dragged into the trial too, or do you just want the legal process to be as traumatic and brutal on the victim as possible?
I feel that no woman, or man, should be pressured into reporting a rape, or going through the legal progress, unless that is what they want to do. But, unlike you, Hawkeye, if they make that decision, I want to see that process be as supportive and compassionate as possible, with every effort made to minimize the ordeal for the victim as much as possible.
I do not agree that the way we currently deal with rape in our courts has been "a failure", as you see it, Hawkeye. We are holding rapists responsible for their actions. We do provide mental health services in our jails and prisons, although treatment for sexual offenses, whether offered in correctional institutions or outside of those institutions, is far from reliably effective. And I do believe the sexual assault laws serve a deterrent function and that is a significant factor as well. While you feel that convicting and incarcerating someone for rape is the state's "exacting vengeance" and "taking a pound of flesh", which reflects your compassion for, and possible identification with, the rapist, it might be nice if you demonstrated more compassion and understanding for the victim as well.
You feel that it does not help a rape victim to see her rapist brought to justice, Hawkeye, but that is not what most victims say when they hear their rapist pronounced "Guilty". Most often they feel relief because they now have a sense of closure, and they no longer feel powerless. The legal process helps to restore something to them that the rapist had taken, and victims verbalize such feelings all of the time, as seen in the many articles and news stories that have been posted in this thread.
Where we mainly disagree, Hawkeye, is that I view rape as a crime and you really don't. I want it treated as a crime, and you really don't.