Aswad -> RE: Name who you would like to rape on campus (12/28/2011 1:29:46 AM)
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ORIGINAL: tweakabelle So yes, I agree that there are huge differences in what the word 'rape' means ......... to different people. And to different legal systems. Our criminal code includes "grossly negligent rape", which used to be "negligent rape", and which specifically applies only to male on female contact. An example is when two people flirt, hook up, get drunk together, and then have sex. That she's too drunk to consent is obvious to anyone that's actually sober. Yet, he got drunk together with her, so he is equally impaired, and doesn't perceive her inability to consent. Neither person complains. The parents of the girl file charges. He gets jail time. That's the law working as intended. In my view, that's an insult to women, implying that they're so incapable as to need others to govern their autonomy and sexuality for them. Building a society on the idea that women are weak and incapable, and that they cannot be agentive, autonomous and free, seems no different from the old patriarchial systems of male rule over women, save that the state exhibits a more "benign" rule than was culturally conditioned in those systems. I'm inclined to reject that those systems could gain validity simply by culturally conditioning the men to be more benign rulers. As such, this seems oppressive, disrespectful and ultimately counterproductive by any metric. I could see a slap on the wrist for engaging in voluntary sex with someone too drunk to consent in the legal sense of the word, though my political inclination is that such is beneath the threshold of what law should cover. Sticking people in jail for something that is arguably undertaken together, with both parties aware of the possible implications, seems like charging men with moderating the women around them, acting as proxies for the state that owns those women. quote:
One thing is to make it very clear that your idea of masculinity or 'real' men doesn't include those who use violence against others. Depends on the violence, the reasons for the violence, the circumstances and the target of the violence. Violence is part of the 'male legacy', and for good reason, but violence needs legitimacy, and legitimacy is usually a function of purpose and direction. Random violence is not a sign of mental stability and health. Even a sadist has some reason for violence (i.e. gratification) and properly directs it (e.g. at a consenting partner). Protection or defense is one of the reasons that tend to confer legitimacy, for instance. Back in the Viking era, we didn't have a problem raiding monastaries in the UK, yet attacking women and children was a likely way to end up as a figurehead on the prow of the ship during the next raid, as that was considered the act of nidingr (loosely translated: coward, weakling, etc.). However, attacking a shieldmaiden would be regarded no differently from attacking a man. I'm mentioning this to illustrate that violence isn't all that simple, and it would be unrealistic to say it's 'outdated', as there's every indication that violence is, has been, and will remain, a part of the species, and probably more prominent in men (except when targetted at children; women are far more likely to be the perpetrators of violence against children than men, in all categories of severity). quote:
Finally I don't wish to be seen as blaming 'men' in general. I'm talking about a small minority of males here. I fully agree that rape is not a male monopoly. It's not a small minority. It's a sizeable minority. About 30% or so in Scandinavia, for instance. Which is one of the reasons why it seems inane not to distinguish assault from other categories of non-consenting sex, as we're not talking about 1 in 3 men committing assault type rape, but rather 1 in 3 men at some point engaging in a sexual relation that is without legally valid consent. It ranges from stuff most would write off as a failed date, to battered wives having their heads bashed against the concrete while the bastard hubby is humping away. And that, in turn, brings us to another key point: trauma does not define crime. There is a difference between taking advantage of a drunk date and raping a stranger at gunpoint, both qualitatively and quantitatively, and this difference is neither invalidated, nor diminished, by the degree of trauma for the specific victim. This is reflected in laws on violence, where there is a difference between causing and intentionally causing grievous bodily harm, for instance. In the analogous distinction, it is clear that the man who takes advantage of a drunk date may cause substantive trauma to some women, but his act is not intended to do so, and it may be argued that it would not be reasonable for him to expect that outcome. In contrast, the man who rapes a stranger at gunpoint might encounter (by chance) one that is not substantively traumatized by it, yet his act carries clear intent to violate severely, and it is absolutely reasonable to expect substantive trauma. As such, the latter- IMO- clearly warrants a stricter judicial response than the former, even in the hypothetical example where the former has caused less trauma than the latter. I'm not sure how that works in the USA, but around these parts, it could easily be the other way around in the courts, as it is the result, rather than the intention, method and what we might call the "driving force" or "state of mind", which forms the primary basis for the rendered verdict and the sentence meted out. While I cannot speak on behalf of women, I know a lot of men feel it is an unfair arrangement, and for myself, it smacks of making the victim part of the crime itself (target centric, as opposed to agent centric or action centric or other more conventional bases for other laws). I'm no voice of reason as regards these things, being a cave man who thinks spoils of war should've remained part of the rules of engagement and operating with a much narrower definition of slave trade than those working to put a stop to it. But there is such a thing as common decency between the members of a community, and that line is crossed by most of the things we call rape. Plus, I'm a bit of a bleeding heart when it comes to women, children and animals. My primary concern, though, is consistency, meaningful differentiation and public effort being expended in a manner that actually accomplishes the intended goals with reasonable efficiency. Don't confuse that with not seeing the attraction. Health, al-Aswad.
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