firefly
 
  1  
Reply Wed 28 May, 2014 09:36 pm
@nononono,
Quote:

The law is slanted to do more to protect women. F A C T. Men have one fewer orifice than women do. It's simple mathematics then that men are more likely to be guilty of "penetration" than woman are, especially when that one extra orifice for penetration is the MAIN avenue for most sex in human society.


Laughing

So now men are disadvantaged by not having another orifice through which they could be sexually abused?
Laughing Laughing Laughing

Men are guilty of sexual assault/rape "penetration" only when it's done without consent--as the sexual assault laws of the state define "consent"--and it doesn't matter if such penetration is done to a female or another male.

You really are a nitwit.

nononono
 
  1  
Reply Wed 28 May, 2014 09:38 pm
@vikorr,
Quote:
Your follow up to this is confused...you say it's a defence and then say it's not a defence if they were drunk...which is exactly what I was talking about.


Good point.

Quote:
I tell you what...please explain how there is justice in a law where...two equally drunk people do exactly the same thing, and:
A. is not incapable of making a decision, is not responsible for their actions, and doesn't commit a crime; while
B. is responsible for making a decision, is responsible for their actions, and does commit a crime.


ROCK solid point.

Quote:
If two different couples each have drunken consensual sex (and each have the same level of intoxication to their partners):
Couple A: the woman may go 'that was a great night'
Couple B: the woman may go 'ugh, now I hate myself...I will make a rape complaint'


This is SO sadly true, and just wrong.

VERY solid post vikkor!
0 Replies
 
OmSigDAVID
 
  0  
Reply Wed 28 May, 2014 09:44 pm
@nononono,
nononono wrote:
Regardless of the legal status, society in large has looked the other way at her defiling of a child.
While men who do the same thing are publicly crucified as some sort of monsters.
I 'm not sure
exactly what u have in mind about "defiling a child"
but presumably, thay DO need more protection from the male gender.
I doubt that females constitute much of a threat.





David
0 Replies
 
nononono
 
  1  
Reply Wed 28 May, 2014 09:45 pm
@firefly,
Quote:
You really are a nitwit.


Or maybe you're having a VERY hard time admitting that you are WRONG and becoming VERY defensive, to the point that you are allowing anger to dictate your "logic". Vikorr's post destroys any logic in your reasoning. Very Happy
0 Replies
 
Romeo Fabulini
 
  0  
Reply Wed 28 May, 2014 09:53 pm
The Rodgers kid proves that when it comes to psychos, Britain can match any wackjob America can throw up..
0 Replies
 
firefly
 
  1  
Reply Wed 28 May, 2014 11:21 pm
@vikorr,
You're missing the point--if she's extremely intoxicated, she may be available to be penetrated, but that doesn't mean she's consenting, as the sexual assault law defines "consent"--because she might not even be fully aware of what she's doing. You're also assuming anything was discussed in advance and agreed upon. Most of the campus situations involving sexual assaults don't occur between people involved in a relationship with each other, where things have been discussed and agreed to.

Why are you assuming she consented? Non-consenting females get sexually assaulted/ raped all the time. Why are you assuming she agreed to it? Because he says so? When she files a rape complaint, she's saying she didn't consent, she didn't agree.

He could have picked her up at a bar, or targeted her at a party, because she was so drunk. Most rapes are done by a very small percentage of men, about 6-7% of all men, and most of those in that very small group of men, tend to be serial predators, committing about 6 rapes each. That small group of men is what drives the sexual assault numbers up. And alcohol is the most widely used date-rape drug. These rapists encourage the female to keep drinking and/or they target a female who is already quite drunk. And college Freshman, who have the least experience drinking, and handling alcohol, are the most likely to be sexually assaulted/raped at college.

And they "aren't both doing the same thing"--in normal intercourse, she's not the one performing the physical act of penetration the law defines as rape, when such penetration is done without consent.
Quote:
The new federal definition of rape is
“The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”

If she penetrates his anus with an object, without his consent, he certainly could charge her with rape under that definition. And, if she did it while he was extremely intoxicated/incapacitated, and unable to resist, that would mean there was no legal consent.

When both are very drunk, and she may be too incapacitated to legally consent, and he penetrates her, he's like the drunk driver, she's like the drunk passenger just sitting next to him in the car--if he gets stopped by a cop, only he will be held responsible for DUI, because he's the only one breaking the DUI laws.
Quote:
There aren't many other reasons for a woman consenting to sex to make a rape complaint...other than regret.

You're right, but "regret" isn't generally enough for a woman to want to put herself through the ordeal women are subjected to when they file such complaints--and it is generally a terrible ordeal for the woman who files such a rape complaint.

That ordeal is the the main reason women hesitate about filing a sexual assault/rape complaint or never file a complaint--they know what they're in for, on top of having been sexually/assaulted raped. So, those college students who do file a complaint generally feel strongly about what was done to them, without their consent. And that's also the case with the ones filing complaints with the federal government that their colleges did not handle their complaints appropriately, they feel strongly about that too.

When she files a complaint the next day, she's saying she wasn't consenting at the time of the sex act, that either she wasn't legally competent to consent and/or to resist, due to being incapacitated by alcohol, or drugs. Or she contends she did say, "No" or "stop" and he ignored her and penetrated her without her consent.

If a male has any doubts at all, about whether she's really consenting, as the law defines "consent", or whether she is too drunk to know what she's doing, which legally means she's not consenting, all he has to do is not initiate sexual contact with her, or refuse sexual contact with her. Logically, that's what he should do, to avoid violating the law. And that's probably what most men do. Most men are not violating the sexual assault/rape laws, and they are not being accused of doing so.

It's the very small group of sexual predators, about 6-7% of all men, who don't care about consent, who are most likely to rape a female while she's drunk, the fact she's drunk just makes it easier to use her for sex, whether she wants it or not, and they know they are violating the law, and that the likelihood is they won't get caught, or probably even reported. And, on many college campuses, such predators seem to cluster in certain fraternities, or athletic teams, where other men in their group reinforce and encourage this sort of predatory behavior.






hawkeye10
 
  3  
Reply Wed 28 May, 2014 11:47 pm
One of the first things we need to do to save young males is to get some strong male role models into the schools. We have been going in reverse ever since the 87-88 school year at least. at that time 29.5% of teachers were male. For the 11-12 year it was down to 23.7%. With male teacher numbers that low we dont have a chance of turning around the hostility towards boys, males dont have the power within the school to protect boys even if they should want to.

http://nces.ed.gov/programs/digest/d13/tables/dt13_209.10.asp

If the feminists desire equality then were is their voice on this?

Answer: Equality is not what is wanted, and they dont have any interest what so ever in getting young males what they need to trive. The weaker males are the easier it is for females to dominate, which is what is wanted.

Follow the actions, that tells us what the feminists care about!

Bonus question: Why are schools becoming depopulated of male teachers?

Answer: it is made clear to them that they are not wanted.


Lets be very clear, our schools have become hostile towards males. Is it any wonder that they turn out so poorly after being subjected to all of those years of abuse?
nononono
 
  1  
Reply Thu 29 May, 2014 12:02 am
@firefly,
Quote:
because she might not even be fully aware of what she's doing.


But intoxicated men are ALWAYS fully aware of what they're doing. Of course they are... Being born with a penis gives you super powers of clarity, naturally.

Quote:
You're also assuming anything was discussed in advance and agreed upon. Most of the campus situations involving sexual assaults don't occur between people involved in a relationship with each other, where things have been discussed and agreed to.


So, apparently whenever two people have sex there should be a legally binding document signed by both parties that they agree to before hand, and witnessed by a notary? That's your logic???

Quote:
Non-consenting females get sexually assaulted/ raped all the time


Define "all the time." with sources to back it up.

Quote:
Most rapes are done by a very small percentage of men, about 6-7% of all men, and most of those in that very small group of men, tend to be serial predators


And yet young men everywhere live in a climate that demonizes them as potential rapists in waiting. Rapists who grow up "naturally" desiring to rape.

Quote:
And they "aren't both doing the same thing"--in normal intercourse, she's not the one performing the physical act of penetration the law defines as rape, when such penetration is done without consent.


Could that have ANYTHING to do with him NOT having a vagina, and her NOT having a penis???

Quote:
If she penetrates his anus with an object, without his consent, he certainly could charge her with rape under that definition.


AGAIN, how many women's sexual proclivities include a desire to fist men in the anus hole?

This whole post REEKS of desperation to vindicate woman as the sole "victims" of our quote unquote "rape culture".

Pathetic. Rolling Eyes
0 Replies
 
firefly
 
  1  
Reply Thu 29 May, 2014 12:19 am
@hawkeye10,
Quote:
Bonus question: Why are schools becoming depopulated of male teachers?

Answer: it is made clear to them that they are not wanted.

A 6% drop over a 25 year period isn't an indication of a "depopulation".

The real question to ask is why teaching on the elementary and high school level has never been an appealing profession for many men to go into?

And what can be done to attract more men into this field, if you want to see more men going into it?

In many traditionally female job areas, they had to increase salaries in order to attract more men. That was true in nursing.

Quote:

Lets be very clear, our schools have become hostile towards males. Is it any wonder that they turn out so poorly after being subjected to all of those years of abuse?

Have your sons turned out poorly? Or is it only other people's sons you see as being such damaged goods?

You're way off the topic of this thread. With all the various causal factors people have looked at to explain Elliot Rodger's heinous acts, I don't think anyone has blamed his schools--nor did he.

0 Replies
 
vikorr
 
  3  
Reply Thu 29 May, 2014 12:21 am
@firefly,
Firefly, you reverted back to what the law defines (and I gave an example of a very unjust law)...and failed to answer a single part of the question as put to you here:

vikorr wrote:
I tell you what...please explain how there is justice in a law where...two equally drunk people do exactly the same thing together, and they both agree to do it together, and:
A. is not capable of making a decision, is not responsible for decisions & actions, and doesn't commit a crime; while
B. is capable of making a decision, is responsible for their decisions & actions, and does commit a crime.

If you can do that (rationally) without raising gender issues...then I will be very impressed.

Quote:
Why are you assuming she consented?
I actually didn't include gender in it...and the challenge was to answer it without raising gender...so fail 1 on your part.

Secondly, consent / agreement reached is part of the question. The question is gender neutral, which is why the two parties are simply A & B (I say this because you missed the it the first time).

The question doesn't ask about rape (no crime stated in the question) - but about justice.

Have a shot at trying to explain the justice of it.
FOUND SOUL
 
  1  
Reply Thu 29 May, 2014 01:39 am
@firefly,
Quote:
His life was marked by jealousy and envy, of whatever he didn't have. He was never fully satisfied with what he did have--and he had plenty--and he was aware of that. He didn't have a great deal of insight, but he wasn't totally lacking in that department either.


He certainly admitted all of that, especially from 11 onwards including where his best friend who was a girl what at around 11, started to prefer to play with his sister and so, he lost her 100% exclusive friendship. What ever he wanted his Mother bought, without question and not later, but there and then.

His whole life though was surrounded by mountains, hills to climb, beauty (nature) I find it strange to be honest that he found such beauty in Nature all the way through his life, right up until the end, that peace, tranquillity but couldn't allow that to flow into his life .

Also why up until 13 he wasn't afraid to go to the "cool kids" He saw them as competition. Yet later in life he owned it in his mind, he was better than them, as of fifth grade he no longer felt so shy nor a dork.

He loved school I agree with you... I'm re-reading it entirely again but this time not skipping over some parts. I don't know why FF I felt that, re abused, I just did . You know better than anyone that anyone raped doesn't necessarily ever disclose it, in fact 99% of rape victims don't ever, tell anyone. In reading his words of being lost in the woods and stating "eventually" the strangers led me back.. Not sure but I still do believe it is possible that it happened and he blocked it as well as not wanting to speak about it and some of this rage has come from that. You can't read that in his Manifesto he would never admit to something like that, sure I can take one word "eventually" but I only googled after "thinking" that, to find what I previously posted. We have intuition as well right? I understand you are Profiling the case.

firefly
 
  1  
Reply Thu 29 May, 2014 01:41 am
@vikorr,
Quote:
The question doesn't ask about rape...but about justice.

You can't understand justice in the application of a law, unless you also know what the law says.
Quote:
Have a shot at trying to explain the justice of it.

Sexual assault is sexual contact without consent. That's true in all 50 states.

When an individual brings a sexual assault/rape complaint against someone else, they are contending they were the victim of unwanted sexual contact. They are contending they did not consent to having such contact.

That's true in all cases. Whether or not alcohol or drugs were involved or not. And the sexual assault laws of each state define the meaning of "consent".

And, anyone who feels they were the victim of any type of unwanted sexual contact, without their consent, can lodge a sexual assault complaint against the perpetrator of the act .

And the sexual assault laws cover just about all types of unwanted sexual contacts.

That's it.

What's unjust about that?

There are no laws prohibiting drunk sex.

Drunk mutually consenting adults are free to engage in sex and enjoy themselves.

The issue is consent--and the definition of what is meant by "consent" is contained in the sexual assault laws of every state.

Regret after the fact is not sexual assault. Sexual assault only pertains to whether the person consented to the contact at the time it took place. Someone who is very drunk at the time of a sexual contact may not be consenting just because they allow something to be done to their body--they may be too incapacitated to resist--alcohol is an anesthetic. And if that person subsequently files a sexual assault complaint, they are asserting that they were not consenting at the time of that sexual contact, and that there was no mutual consent for the act to be done.

So, when someone brings a sexual assault complaint, whether after drunken sexual contact, or perfectly sober sexual contact, they are alleging they didn't consent to that sexual contact at the time it took place--they are alleging either
1. they never knowingly gave consent at the time of the contact, or
2. they indicated non-consent, and that it was ignored, or
3.they were in a condition where they were unable to physically resist unwanted contact.

In all those instances, the person is alleging that the sexual contact was against their will, and unwanted, and therefore forced on them.

Gender is not the issue. Just being drunk is not the issue. Consent is the issue. And you do have to look at the state laws to see how "consent" is defined in those laws.

The purpose of these laws is to deter unwanted sexual contact--that's why the issue of consent is primary. It's only the lack of consent that makes the contact illegal. And, often with acquaintance rape, it is one person's word against another's as to whether consent was given.











vikorr
 
  3  
Reply Thu 29 May, 2014 01:52 am
@firefly,
Again...the question isn't about rape. No crime is stated. So...have a shot at explaining the justice of it.

Quote:
You can't understand justice in the application of a law, unless you also know what the law says.

Once again, fail. The question is about one of the principles of justice that is - Fairness / an even hand. Examples of fairness include: equal punishment for equal crime, Equal punishment regardless of sex / race / religion, equal culpability regardless of race / sex / religion etc.

Laws are (should be) written to meet, and applied through the principles of justice. If a law lacks fairness, it is not just. This question is about the justice principle of fairness. So...have a shot at explaining the justice of it.

vikorr
 
  3  
Reply Thu 29 May, 2014 02:10 am
@vikorr,
By the way...the reason you can't explain the justice of it, and the reason you avoid answering the question, and the reason you revert to talking about rape (when no crime is stated)...is exactly the same reason.

In the example provided - there is a blatant injustice - as B is treated differently to A (held to a different standard); and B is punished while A is not.
nononono
 
  0  
Reply Thu 29 May, 2014 02:16 am
@vikorr,
I'm just in awe at this point; waiting to read the rest of this exchange.

Life's little pleasures Razz You gotta take 'em wherever they come! Very Happy
0 Replies
 
firefly
 
  1  
Reply Thu 29 May, 2014 02:39 am
@FOUND SOUL,
Quote:
In reading his words of being lost in the woods and stating "eventually" the strangers led me back..

He wasn't lost in the woods. He wandered off from the group, and when he came back to where his class had been, they had gone off without him. That's when he panicked, and that's understandable--he was only 5 years old, and he didn't know where his class was. The strangers helped him find his class.

When I read about that incident, I thought he was trying to tell us he was so insignificantly regarded that no one in the class, or the teacher, even noticed he was missing--so they just went off without him.

I'll read it again, and give your abuse theory more consideration, but first I want to finish the manifesto.
Quote:
as of fifth grade he no longer felt so shy nor a dork.

He had good years and bad years through middle school and high school. He never stopped being shy, and he did try not to look like a dork.

This wasn't in the manifesto, but I read it somewhere--someone who knew him well, I think it was his mother, said that the Elliot she saw in his YouTube videos was so completely different than the way Elliot usually acted socially that he was almost unrecognizable. He was apparently much more self-confident and poised in those videos, and had no difficulty speaking and presenting himself well, but that wasn't the way he usually acted when he was with people. So, it's hard to get a good idea of what he was like socially, or just how shy he was. The videos can be misleading.
firefly
 
  1  
Reply Thu 29 May, 2014 03:40 am
@vikorr,
The laws are equally fair to all. There is equal punishment for equal crimes.

For adults, the punishment is determined by the specific law that is violated, not by any characteristics of the defendant, such as gender/race/religion/ethnicity, so, in that regard, the law is applied fairly.

I frankly don't understand where your perception of injustice is coming from. I don't see it. If you see it, point it out more clearly.

Is there unfairness in the legal system? Yes. Poorer defendants can't afford high price defense attorneys, or the costs of expert witness testimony, on a par with the state, etc So the state often has a resource advantage, and wealthier defendants have an advantage over poorer ones . But that's the main unfairness I see. And, in the case of major crimes, the court-appointed attorneys are very experienced trial lawyers, so that unfairness diminishes considerably. But it's still better to be a wealthy defendant, a very wealthy one, than someone with limited assets.

And I really would like to stick to the topic of this thread. Go to the rape thread--we've been discussing those issues for 4 years in that thread. I came here to discuss this topic--Elliot Rodger. Do you think he wouldn't have seen justice had he survived his crime spree?

The mass murderers involved in the shootings of Rep. Gabrielle Giffords,
and the shooting at the Aurora Theater, are both in the legal system. Do you think they aren't receiving justice?

What is justice and fairness for someone who commits mass/multiple murders of these types?
firefly
 
  1  
Reply Thu 29 May, 2014 03:56 am
@vikorr,
Quote:
By the way...the reason you can't explain the justice of it, and the reason you avoid answering the question, and the reason you revert to talking about rape (when no crime is stated)...is exactly the same reason.

In the example provided - there is a blatant injustice - as B is treated differently to A (held to a different standard); and B is punished while A is not.

If A & B both agree to commit a crime together, and they are equal participants in the crime, both will be punished equally. A doesn't escape punishment by simply claiming to be drunk at the time.

However, if A claims that they weren't a willing participant in the crime, and that they were coerced, threatened, or forced, to participate by B, they might not, and should not, be regarded as an equal willing participant in the crime, and B's charges, and punishment, might be harsher than A's, if A is even charged or punished at all.

That's it. I want to discuss the topic of this thread, and not everyone's irrelevant digressions. Laughing
nononono
 
  2  
Reply Thu 29 May, 2014 04:01 am
@firefly,
Quote:
Go to the rape thread--we've been discussing those issues for 4 years in that thread.


If I were to voice an opinion there, would it be addressed fairly? I'm a bit hesitant based on views expressed in this thread.

Quote:
And I really would like to stick to the topic of this thread.


But vikorr made some REALLY strong points here. I think they should be addressed HERE.

(side note: NO disrespect meant, but when I think about your name vikorr, I hear that Smiths song "Vicar in a tutu" in my head. Just HAD to say that, haha!)

Quote:
I frankly don't understand where your perception of injustice is coming from. I don't see it. If you see it, point it out more clearly.


I think Vikorr has pointed out the injustice QUITE succinctly.

Quote:
Is there unfairness in the legal system? Yes. Poorer defendants can't afford high price defense attorneys, or the costs of expert witness testimony, on a par with the state, etc So the state often has a resource advantage, and wealthier defendants have an advantage over poorer ones . But that's the main unfairness I see. And, in the case of major crimes, the court-appointed attorneys are very experienced trial lawyers, so that unfairness diminishes considerably. But it's still better to be a wealthy defendant, a very wealthy one, than someone with limited assets.


You are deflecting a VERY valid point that I brought up, and vikorr elaborated on. Of course poorer defendants are at a disadvantage in ANY capitalist judicial system. That doesn't address the gender inequalities of said system...
vikorr
 
  3  
Reply Thu 29 May, 2014 04:23 am
@firefly,
Quote:
However, if A claims that they weren't a willing participant in the crime, and that they were coerced, threatened, or forced, to participate by B, they might not be regarded as an equal willing participant in the crime, and B's charges, and punishment, might be harsher than A's, if A is even charged or punished at all.
Absolutely correct...but outside the bounds of the example...and is a diversion tactic on your behalf to avoid directly answering the question.

Quote:
If A & B both agree to commit an act <original - a crime> together, and they are equal participants in the act <original - crime>, both will be punished equally. A doesn't escape punishment by simply claiming to be drunk at the time.
So, implicitly, you agree that both A & B should be held responsible...and yet this isn't the case in the given example (they are treated differently)...meaning you implicitly agree that B was treated unjustly when compared to A. Why can't you state that outright?

Quote:
That's it. I want to discuss the topic of this thread, and not everyone's irrelevant digressions.
You did buy into the discussion in the first place. And now that you can see the injustice (which you are carefully skirting around...as you avoid the direct admission that B has been treated unjustly), you want to avoid it as irrelevant...

You should ask yourself why you can't bring yourself to directly answer the question.

We both know the answer - the given scenario is unjust - and we both see the parallels between that scenario and rape law - where it is involving two drunk adults engaging in willing sex (hence why you don't want to answer the question directly). Principles don't change...and yet you desperately want this principle to be flawed, or wrong.

The thing is - it's a principle of justice that can be applied to any, and every law under the sun...the law must be even handed & fair. It is a principle that has been proven time & again, over many centuries, to be true and just.
 

 
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