Setanta wrote:There is a distinction which Snood is missing here. Someone who indulges "figthting words" is acting with intent. A woman who wears clothing which someone else thinks is provocative has not necessarily acted with intent. Within her culture, the style of attire may not be considered inappropriate, and so it is not reasonable to consider that she has acted with intent.
I think some of the examples mentioned earlier were when she
does have the intent to attract sex and goes quite far to elicit it, but then changes her mind at a later or last moment - or always was already planning to let it come to a late or last moment and then stop.
I think that anyone has the right to do so, at any point in time. Period. And that continuing anyway beyond that point constitutes rape. Simple. But then, the concept of "fighting words" that Snood refers to, I am guessing, also is not used to absolve the defendant from the crime altogether, or to argue that the crime wasn't a crime; but rather as something that is taken into account in determining what consequences it should have. What sentence should be given. (Correct?) I suppose Snood is saying that its equivalent should also be taken into account in cases of sexual battery.
I dont know. Makes me kinda cringe at first blush, but then I'm thinking back of Soz's post:
sozobe wrote:I think there are two basic categories of rape [..] The first category is nice and straightforward. The man (or woman) who does that is a bad person and deserves a hefty punishment. The second category is complicated, though. [..]
[W]hile on the one hand I don't want to see a guy do serious time and have his life ruined because he and his girlfriend were drunk and he was just out of it and not paying attention and she couldn't believe he wasn't listening when she said "not tonight honey" and then "stop" and then "no!" and she didn't want to scream because that would make it something that she was trying to believe wasn't happening but then found herself having nightmares and plunging into depression and finally told someone; I think the consequences of saying "see, his girlfriend contributed" are also ruinous.
Its another kind of situation, cause its not even one in which the girl ever necessarily went for sex in the first place. And yet still I think she sketches well how it's - like - a serious thing in itself, and yet different from the psychopath-attack thing (and I think there's many more of this kind). And how you dont really want to send the guy to prison for serious time & ruin his life. But you also definitely dont want to put a bar in the way of the girl coming out with something like this. So I'd say it's rather obvious that in a case like this, the guy does need to be brought to face that he did wrong - to be legally sanctioned for it. But that it would be silly to say, "rape = rape", period, and consequently send him to jail for the same time as the psychopath who attacked viciously with premeditation.
(In fact, there's a chance that it would actually become easier for women to come out and tell about such cases if they knew it
wouldnt immediately send their (ex-)boyfriend/husband to jail for years.)
But how can you make a distinction like this in sentencing, if you dont allow for making any distinction in the approach that, well, rape=rape? How does that work now, in courts?