25
   

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

 
 
firefly
 
  1  
Reply Sat 31 Jul, 2010 02:04 pm
@hawkeye10,
Quote:
I am not so sure that this is a winner for feminists, because while in theory women would be fine with this standard because it will never negatively impact them, they also might come to the conclusion that this is where sex law becomes intrusive and unreasonable. I know that given this standard I have raped dozens of times, it is unreasonable to me.


What is this nonsense with "feminists". What "feminists"? What does that have to do with this case?

The standard is that you cannot have sex with someone who is legally unable to give consent, without it possibly being regarded as rape. How is this "intrusive and unreasonable"? Do you think semi-conscious people are capable of giving consent? Shouldn't police officers, of all people, be able to recognize someone's intoxicated state, and know what the law is regarding consent?

A drunken woman is not fair game for a rape. Her drunken condition is not a crime. Having sexual intercourse with her, when she is too legally drunk to consent, is a crime. Why is this "unreasonable"?

Quote:
I know that given this standard I have raped dozens of times, it is unreasonable to me


Because you have done this, and you personally feel it is unreasonable, does not mean the law is unreasonable. You may also have driven drunk and never had an accident. Does that mean drunken driving laws are unreasonable?

If you've done this with your wife, and you know she really doesn't object to sexual intercourse with you when she's drunk, that's one thing. If you've done it with someone you just met at a bar, who might be too drunk to give consent, it's quite another matter, and that woman might feel you did not have her consent to have sex with her, and the law might agree with her. Sexual contact is an act that requires consent. If the consent isn't absolutely certain, the male should refrain from the sex act, otherwise he runs the risk of a rape charge under the law. A woman who gets drunk runs a risk of getting raped, but the woman is not legally responsible for the rape, the man is. He is the one who commits the rape.
0 Replies
 
firefly
 
  2  
Reply Sat 31 Jul, 2010 02:09 pm
This is the sort of advice posted on college Web sites to advise students about drinking and sexual behaviors.

Quote:

Alcohol and Sexual Assault
Alcohol use by the victim and/or perpetrator is frequently associated with acquaintance rape. Alcohol use significantly increases your vulnerability to sexual assault.

•One study found that 70% of women and 80% of men had been drinking when a sexual assault occurred.
•Men often drink to feel less inhibited, more powerful, aroused, and aggressive. Peer pressure also tends to encourage rowdy and aggressive behavior.
•Alcohol impairs judgment. Men are more likely to assume that a woman who drinks is a willing sex partner; they are more likely to interpret her behavior, dress or body language as evidence she wants to have sex.
•Alcohol lowers inhibitions – it makes it easier to force sex on an unwilling partner and to ignore “No’s”.
•Alcohol impairs the victim’s ability to recognize a potentially dangerous situation. When drinking, one may not notice someone’s persistent attempts to get them to an isolated location or to get them to consume more alcohol. Intoxication also makes it much more difficult to successfully resist a sexual assault – alcohol produces a slow and ineffective response to an attack.
•Legally, an individual cannot consent to sex if they are drunk; having sex without consent is RAPE/sexual assault.
•Individuals who are drunk when they are assaulted often feel responsible for the assault. Our society is more apt to excuse male drinking behavior, but when a woman drinks and is raped, we hold her responsible for everything – including the behavior of her assailant. Please know that the victim is NEVER to blame for an assault, the person who committed the assault is fully responsible.
•The majority of sexual assaults are planned, and assailants take advantage of the fact that alcohol or other drugs increase vulnerability.

Alcohol and Risk Reduction:

• If you choose to drink, know your limits and stick to them. Have one drink with alcohol and the next one without alcohol.•Avoid parties where “getting wasted” is the only reason for going•Go out with friends, and return home with friends. Do not leave friends behind.•Adopt a “sober buddy” system – designate one person who will remain sober and watch out for friends. Do not allow friends to wander off with someone they do not know well. •If someone has passed out, do not leave them alone. Turn them on their side and call 911, do not assume they will “just sleep it off”.•Educate yourself about date rape drugs:
◦do not leave your drink unattended
◦do not accept a drink in an open container
◦do not accept a drink from someone you do not know well
◦avoid taking drinks from a punch bowl / "Jungle Juice"
◦don’t drink anything that has an unusual taste or appearance
http://www.shs.ilstu.edu/sexual_assault/date_rape/alcohol.shtml
0 Replies
 
firefly
 
  2  
Reply Sat 31 Jul, 2010 02:17 pm
This is the sort of advice posted for male college students regarding sexual assaults.

Quote:

What Can Men Do?
Sexual assault is not just a woman’s issue, it impacts both men and women. Men and women are both victims of sexual assault. As a man, it is likely that you will know someone who is a survivor of sexual assault – a friend, family member, girlfriend.

Women often turn to male friends for support and understanding after an assault. Your support and understanding can aid their recovery.

Although most survivors are female, approximately 5% of survivors are male. Men are assaulted by other men, and sometimes by women. It is important that male survivors seek services and talk with someone about what has happened. Free and confidential services are available.

For positive change to occur, it is critical for men to become involved as part of the solution, rather than continuing to be viewed as “the problem". Men become a part of the solution by educating themselves on the issue, confronting negative behaviors of friends, and challenging behaviors and attitudes that may lead to sexual assault.

Male Survivors

When many people think of sexual assault, they think of it as a “women’s problem”. However, men are also victims of sexual assault. Men are assaulted by other men, and sometimes by women. Approximately one out of every five males will be sexually abused as a child, and some estimates show that as many as 16% of males will be sexually assaulted as an adult.
If you are a male survivor, remember that what has happened to you is not your fault. No matter where you were or what you did, or did not do, you are not to blame. You cannot be responsible for the actions of anyone else.

Sometimes when a man is assaulted, he may not want to report it or talk about it because of fears that his “manhood” will be questioned. When a man is raped by another man, he may be reluctant to come forward for fear of being labeled homosexual or gay. This may be an even greater concern in cases in which the victim has an erection or ejaculates. This is a physical response that can happen even if the victim is afraid, unwilling or even unconscious. However, the survivor may fear being perceived as a willing participant, rather than a victim.

Rape Prevention for Nice Guys
Because of the high incidence of rape, especially acquaintance rape, women have a hard time distinguishing the “nice” guy from the potential rapist. This hurts all men and all potential relationships. For positive change to occur, it is critical for men to become involved as part of the solution.

What can men do to become part of the solution?

• Approach gender violence as a MEN’S issue.
•Make sure that the sex you are having is consensual. Do not accept the myth that “no” means “yes”. Understand that submission is not consent. Do not make assumptions about consent, ASK for consent.
•Remember that having sex with someone who is drunk is sexual assault. If an individual is drunk, they cannot legally consent to sex (they cannot make an informed, rational decision).
•Communicate clearly how you feel and what you want. Listen to your partner. Do not rely on body language.
•Do not make assumptions about consent based on style of dress, body language or previous sexual activity. ASK for consent.
•Understand, and help friends understand, that sexual assault is assault, and has little to do with sex.
•Do not remain silent, do not look the other way. Become an “active bystander” – confront friends who are becoming disrespectful or abusive towards women. Intervene when a friend is making a decision that could have devastating consequences.
•Examine your attitudes about women and men that may perpetuate sexism and violence against women.
•Interrupt actions, comments or jokes that support rape and other acts of violence.
http://www.shs.ilstu.edu/sexual_assault/men/


Those are all very important guidelines. Men, hopefully, should find them helpful.

Hawkeye and Bill should pay attention to the section, "What can men do to become part of the solution?" That is, if they really want to be part of the solution, and not a continuing part of the problem.
BillRM
 
  -1  
Reply Sat 31 Jul, 2010 02:22 pm
@firefly,
Quote:
Most of us are trying to have a serious discussion on this topic. A serious discussion is an informed discussion.


I am just following your posted logic here not the details of any one law or far more important how those laws are being enforce.

Off hand, I do not think any of us are lawyers let alone experts in the field of sexual assault laws in fifty states.

Second, no matter how silly some rapes laws that are on the books are the police and DAs normally buffer the public from their effects, and only a few men lives are ruined in almost a random way.

If more men are charge after going our drinking with their wives or girlfriends with rape the special interest groups in that area will be, overwhelm by the public outcry and the laws rewritten.

I do feel sorry for the random men who are guilty of nothing that I am not guilty of and most men are not guilty of who win the lottery and end up in prison for rape as a result.
0 Replies
 
hawkeye10
 
  -1  
Reply Sat 31 Jul, 2010 02:43 pm
@firefly,
Quote:
This is the sort of advice posted for male college students regarding sexual assaults
I'd be interested to know if there is any evidence that this attempt at indoctrination works? I suspect that guys who have been brought up on "just say no" dare and "this is your brain on drugs" would not give this pushing a second thought. They have seen all of the dishonesty many too many times to fall for it, to do so would mark them as a chump.
0 Replies
 
BillRM
 
  -1  
Reply Sat 31 Jul, 2010 02:47 pm
Second as more and more men come to view the rape laws as written with contempt I can foresee at least male juries members commonly doing jury nullification.

Too many men who are going to be thinking but by the grace of god that could be me. Not only at the jury level but at the police level and prosecutor level and wherever you get male decision makers in the legal system.

I know that any jury I happen to served on where the prosecutor is trying to sell the idea of rape because a grown woman consent to sex after willingly getting drunk is not going to have a guilty verdict.
0 Replies
 
hawkeye10
 
  0  
Reply Sat 31 Jul, 2010 03:07 pm
Quote:
The feminist anti-rape movement emerged in the 1970s for very good reasons. At the time, the belief that women routinely "cry rape" out of vindictiveness or morning-after regrets often caused victims to be treated as if they were the criminals.

But "rape-crisis feminism" (as the writer Katie Roiphe dubbed it) replaced one set of prejudices with another, such as the notion that women virtually never lie about rape. As the radical feminist law professor Catharine MacKinnon wrote in her 1987 book, Feminism Unmodified, "Feminism is built on believing women's accounts of sexual use and abuse by men."

Making the credibility of women's accusations against men a cornerstone of your belief system is a sure prescription for bias. The Duke case amply illustrates this. As Cooper pointed out at his press conference, there were serious questions about the woman's credibility from the start. Her claims were not corroborated by any physical evidence, or by the other stripper who was with her at the party. She herself gave contradictory accounts of what happened. Yet for a long time these questions were swept aside.
.
.
.The past 30 years' progress in the treatment of rape victims needs to be balanced by better safeguards against unjust prosecutions. The Duke case, which has given a face to the plight of the falsely accused, may well turn out to be the start of such a change. If feminists want to retain their credibility as advocates for victims of rape, they need to drop the habit of knee-jerk support for every accuser—and to show decency and compassion toward the victims of false accusations.
http://reason.com/archives/2007/04/16/last-call-for-rape-crisis-femi

I could not have said it better...
firefly
 
  2  
Reply Sat 31 Jul, 2010 03:52 pm
@hawkeye10,
No one here has ever denied that women sometimes make false rape allegations. It is also true that men may falsely say that the women consented to sex when that is not the case. Sometimes people are honest, sometimes they are not.

That is the reason that the police and the D.A. must do thorough investigations before lodging any changes, and that must take into account contradictions or inconsistencies in the woman's story, as well as any other evidence. They should do the same regarding the man's story.

Quote:
As Cooper pointed out at his press conference, there were serious questions about the woman's credibility from the start. Her claims were not corroborated by any physical evidence, or by the other stripper who was with her at the party. She herself gave contradictory accounts of what happened. Yet for a long time these questions were swept aside


As your above quote notes, there were problems with this woman's story from the start. But, these "questions were swept aside" by law enforcement, and that was where the trouble began. The false allegations only triggered an investigation, but law enforcement and the D.A. were the ones who mishandled the case, and the evidence, and created the real problems for the young men in the Duke case.

We have repeatedly touched on the Duke case in this thread, and I'm not sure why you or Bill continue to bring it up. You can't blame the woman for damage done by the police and D.A. She filed a false report, and that was wrong, everyone agrees on that. But the police should have investigated all those red flags her version set off. And the conduct of the D.A. was so bad (I think he withheld exonerating evidence from the defense) that he was disbarred. The Duke players have a civil lawsuit pending against the police department and the D.A.s office for damages, because that is who did the real harm to them.

You can't blame "feminism" for bad police work and an unethical D.A. It is the police and the D.A.s who should be preventing unjust prosecutions. Women want to reduce unjust prosecutions as much as men do.

0 Replies
 
BillRM
 
  -2  
Reply Sat 31 Jul, 2010 03:56 pm
@firefly,
Quote:
That is, if they really want to be part of the solution, and not a continuing part of the problem.


Not your solutions that for damn sure.

The solution is to tell the young women that they are adults and as such that men do not have a special duty to protected them from their own poor judgments in life.
hawkeye10
 
  -1  
Reply Sat 31 Jul, 2010 06:06 pm
@BillRM,
Quote:
Not your solutions that for damn sure.
there has been a lot done over the last 30 years which was good and which should be kept, but we need to get our minds around the fact that the feminists do not have a plan going forwards that is either credible or that represents our values.
BillRM
 
  -1  
Reply Sat 31 Jul, 2010 06:24 pm
@hawkeye10,
Quote:
there has been a lot done over the last 30 years which was good



Yes indeed and men should always be gentlemen but here is no way that I am going to buy into the idea that a grown adult woman can go out drinking with a partner said yes to having sexual relationships and later on cry rape because of her own damn choice to consume alcohol may had cloudy her judgment.

The funny and sad thing about feminists is they wish adult women to be treated as children. That to my mind is far far more insulting to the women they claimed to wish to protect then to the men who they wish to place the burden of protecting on.

Second note concerning Firefly claimed that female plumbing is given as a valid reason why men have always have a greater duty in the field of sexual intercourse as they are the one who enter the female bodies during sex.

Hell I am almost 62 years old and yet such a silly position was consider out of favor in my young adulthood in the 60s and the feminists of the 60s time period pushing for the ERA amendment would had told firefly the same thing I been telling her such a position is insulting to women.

hawkeye10
 
  0  
Reply Sat 31 Jul, 2010 06:37 pm
@BillRM,
Quote:
I been telling her such a position is insulting to women.
women are going to have to decide that for themselves. Right now their position is that they need to support what ever the victims need. However, as rape law continues to intrude upon their lives, take their rights away, treat them as children, destroy men that they care about and as women begin to admit that the rape crisis feminists sold them a bill of goods which they were gullible enough to buy....I think that women are going to come to the conclusion that the feminists are no longer the right people to run sex law.

The feminists have over the last years become much more radical, they have pushed out men and pushed out moderates, they have not played fair nor been honest.....and they take the support of women for granted and assume that men will always be able to be shamed into agreeing with their demands. But my take is that they are headed for a Wile E. Coyote moment, when they find out they have no longer have any ground under their feet.
BillRM
 
  -1  
Reply Sat 31 Jul, 2010 06:48 pm
@hawkeye10,
Second note hawkeye I was raised in a household of very strong women who never even dream of seeing themselves as victims to male power.

Firefly see the world full of far more powerful males then her and she fear and distrust all of them and the women in my family instead look on the men as just junior partners not as threats.

My father was a great guy and very easy going never having a bad word to say about anyone and my mother was the one who deal in a very firm manner with the outside world when needed.

My wife is the same kind of take charge kind of person as my mother and if she see a threat she will take steps to deal with it in a rational and claim manner not normally waiting for me to show up.

The only times I seen her bowing to the male/female role is for example, is when we are going somewhere that have a high crime risk and we only have one gun with us she will have me carry it.

My father was a ww2 solder with a markman rating and yet my mother ,shame on her, would take delight in our shooting him on the range.

She was far better shot on the gun range with the colt model 1911 a for example then my Dad or a shotgun.

With that kind of a background I can not ID with such women as firefly.
failures art
 
  2  
Reply Sat 31 Jul, 2010 06:54 pm
@hawkeye10,
You disappoint me. I seriously was hoping you'd throw something at me in which I couldn't field. This is it? This is the best you could do?

hawkeye10 wrote:

I have already done this...Rape goes back to the old definition of force used over expression of nonconsent.

You're redefinition is futile. I'll demonstrate with two examples.

1) A rape occurs as you've defined it
2) A person makes a false claim of rape

The first case, a rape has occurred. What forensic evidence can you provide that it is forced? You could prove sex happened, but if you remove consent as a part of the definition, you've provided a wide open door for rapists to walk free on. In this case, by changing the definition, you've created the perfect blueprint for how to get away with rape.

The second case, no rape has occurred. Forensic evidence is faked by the person to indicate a physical altercation. In this case, not much changes at all, but therein is the proof. Changing this definition doesn't do anything special to protect people from extortion or false allegations.

Your undefinition of rape neither helps rape victims, or protects people from false accusations. It does however make it easier for a rapist. In the he-said-she-said nightmare in which you're most concerned about, your definition doesn't change anything.

A
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BillRM
 
  -1  
Reply Sat 31 Jul, 2010 07:14 pm
@hawkeye10,
Oh Hawkeye to give you an amusing idea about who I compare all other women to, my father had just joined the army during ww2 and he had been place on a train to a basic training post that he was not told even where the post was located.

It happen to be my father birthday within a few days and my mother got on the phone to the war department and somehow got the following results.

On day two of basic training and my father birthday he was standing in formation as a jeep pull up and a lieutenant ask the company sergeant for my father by name.

He was told that the major would like him to report now to his office.

My father was in a low-level panic, as he could not understand why a major would wish to see a raw recruit that had not yet even master the art of saluting!

As he enter the major office doing his best to salute correctly the major smile at him handed him the phone with the words your wife would like to wish you a happy birthday.
0 Replies
 
hawkeye10
 
  -1  
Reply Sat 31 Jul, 2010 07:19 pm
@failures art,
Quote:
The first case, a rape has occurred. What forensic evidence can you provide that it is forced? You could prove sex happened, but if you remove consent as a part of the definition, you've provided a wide open door for rapists to walk free on. In this case, by changing the definition, you've created the perfect blueprint for how to get away with rape.

The second case, no rape has occurred. Forensic evidence is faked by the person to indicate a physical altercation. In this case, not much changes at all, but therein is the proof. Changing this definition doesn't do anything special to protect people from extortion or false allegations
if the woman thinks there is a problem then the guy is in the system, he may or may not be in the criminal system, however the more women who say that he is a problem the more likely it is that he will end up in the criminal system. I dont see this as a rapist getting off, I see this as being an overall prudent system to detect and administer to guys and gals who have sexual and power issues. It might be that a guy abuses again when after raping but not getting put in the criminal system, maybe that person under the current system would be given jail time after the first rape. But here is the thing, under the current system he is out to rape again after 10 years, and he has gotten no help for his problem, and given the current tough stance on rapists a lot of victims will not report where under the new system they would be more willing to come forwards.

It is the lifetime number rapes that counts, being a no nonsense hard ass a LOT of the time in life is not the smartest approach to dealing with a problem. Not so long ago we used to understand this, I am not so sure that many people do anymore. We have gotten stupid, which is one sign of a degrading society. I think we should own up to this, and try to do something about it.
0 Replies
 
hawkeye10
 
  -1  
Reply Sat 31 Jul, 2010 07:28 pm
@BillRM,
Quote:

Second note hawkeye I was raised in a household of very strong women who never even dream of seeing themselves as victims to male power
Yes, but the difference today is that these strong women tend to have a vision in their head of their poor sisters being abused by men, who need to be saved. Thus they are willing to agree to systems that are not fair to men in order to protect the victim, and often they are not too concerned with men being abused by themselves or others because they think that men in general have it coming. Even if the individual man who gets the raw deal did not deserve what he got some man did, so **** it.

It is the classic dynamic of the one who was once abused turning into the abuser, and not being willing to change this abuse pattern because the abuser thinks that they are justified in being abusive. Nothing has changed, nothing has improved, we have simply switched the abuser and the victim around.
failures art
 
  1  
Reply Sat 31 Jul, 2010 07:31 pm
@firefly,
firefly wrote:

Quote:
It certainly sounds to me as if a woman could be charged with rape, provided that the sexual intercourse was non-consensual. The excerpt you provided here does not indicate that the person performing the rape has to be the person with the penis.


She certainly could be charged with statutory rape, because that is legally non consensual, and women in NYS have been charged with that. But we have been discussing situations involving adults in this thread.

Adulthood doesn't step down the offense in my mind. I think DD put it well. The NYS definition isn't worded such that it demands that the aggressor/rapist is person with the penis.

If a man is intoxicated and a women has sex with him without his consent, it is no different in my mind.

An example from college. A gay male friend of mine was very drunk at a party. He went to a spare room and laid down. A girl went in and had sex with him. He told us about what happened many months later, and we all remembered the girl, but nobody knew who she was. He was far to drunk to give consent, nor would he had he been sober. I'm not inclined to call this anything less than rape.

I can imagine other scenarios that would apply as well.

firefly wrote:

I cannot find any instances of a woman actually being charged with the rape of an adult male in NYS. But, as you point out, it should be theoretically possible to bring such a charge.

Correct. This is my point. The law is not defined by gender. An adult women can be charged with rape of a male by its definition. The fact that it does not happen often is due to (1) fewer female sexual predators, and (2) stigmas (already discussed) of men who are raped having a lower record of reporting.

firefly wrote:

It is also difficult to find any instances of any woman being charged with the rape of an adult male in the U.S. I found one case in Pennsylvania where a woman was charged with forcible rape and torture in 2009, but the charges were then dropped and I found no info to indicate they had been refiled. It is possible that she was re-charged with sexual assaults other than rape.

I'd say that this is simply evidence that the legal system needs to enforce and it's laws better and prosecute their offenders to protect both genders better. Even an infrequent crime deserves the same justice.

firefly wrote:

So, theoretically it may be possible to charge the woman with rape, but it is also unlikely to happen, particularly in a date rape or acquaintance rape situation.

Unlikely sure, but it is legally defined. Hence why I said "technically." We cannot assume that a male gives consent or is able to give consent when chemically impaired.

firefly wrote:

The woman could, however, be charged with other sexual offenses.

Certainly more likely, but a women could have sex with a man without his consent through coercive measures or he may not be able to give legal consent. Rape is a legally defined offense for women as well.

A
R
T
hawkeye10
 
  0  
Reply Sat 31 Jul, 2010 08:08 pm
@failures art,
Quote:
Certainly more likely, but a women could have sex with a man without his consent through coercive measures or he may not be able to give legal consent. Rape is a legally defined offense for women as well.
So long as men continue to practice sex acquisition techniques more and in a more overt way than do women the feminist program to criminalize sex acquisition is unfair to men. Feminists live in this fairytale land where sex should not happen unless both people spontaneously want it, with out any encouragement from the other person, and they first form a verbal contract for how the activity will be conducted. That is not how humans operate, it will never be how humans operate, and the law needs to make allowance for this in a way that does not punish men for being like men.
failures art
 
  2  
Reply Sat 31 Jul, 2010 10:47 pm
@hawkeye10,
hawkeye10 wrote:

Quote:
Certainly more likely, but a women could have sex with a man without his consent through coercive measures or he may not be able to give legal consent. Rape is a legally defined offense for women as well.
So long as men continue to practice sex acquisition techniques more and in a more overt way than do women the feminist program to criminalize sex acquisition is unfair to men. Feminists live in this fairytale land where sex should not happen unless both people spontaneously want it, with out any encouragement from the other person, and they first form a verbal contract for how the activity will be conducted. That is not how humans operate, it will never be how humans operate, and the law needs to make allowance for this in a way that does not punish men for being like men.

This isn't about feminism. Why would you want to have sex with someone who didn't want to have sex with you?

"Sex acquisition?"

Stop treating sex as an acquisition. You don't get to define what being a man is, any more than you can redefine rape.

You want sex? Be prepared, because the answer may be "no." Getting a head of lettuce at the grocery is an acquisition, not sex.

A
R
T
 

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