progress of "yes means yes" laws and policies

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tarantella64
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04 Sep 2014, 3:58 pm

There's a young woman at Columbia University who's got an interesting bit of performance art going; it's to do with the fact that her rapist was never dismissed from campus. Apparently she'd not reported the rape until she met two other girls who'd also been raped by the same guy, and the university's response to their complaint left much to be desired (as has been the case at nearly 80 other universities now being investigated by the feds). Here's a piece that describes her project and also the larger question of "yes means yes" legislation and where it might take us.

Worth paying attention to because this is changing and will continue to change dating/sex manners and the understanding of what acceptable behavior is.

http://www.theguardian.com/commentisfre ... -means-yes



Spiderpig
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04 Sep 2014, 5:16 pm

You?ve already made it abundantly clear that, in order to be marginally safe, a man has to assume ?no? means ?no?, ?yes? means ?no?, too, and any kind of close contact with a woman means ?watch out, because, from now on, I can choose to ruin your life any time I want to by claiming you took advantage of me?. Well, the last part probably doesn?t even require close contact.


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tarantella64
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04 Sep 2014, 5:20 pm

Spiderpig wrote:
You?ve already made it abundantly clear that, in order to be marginally safe, a man has to assume ?no? means ?no?, ?yes? means ?no?, too, and any kind of close contact with a woman means ?watch out, because, from now on, I can choose to ruin your life any time I want to by claiming you took advantage of me?. Well, the last part probably doesn?t even require close contact.


A good tantrum, but wide of the mark. No, I have never said those things, and that is not what the posted article means, either.



auntblabby
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04 Sep 2014, 7:38 pm

why is Columbia so determined to sweep this under the rug? are they so swimming in people wanting to enroll that they can just ashcan any student who becomes "inconvenient"? why was the serial rapist at the center of this allowed to repeatedly get off scot-free? does his daddy own some bigwig therein?



tarantella64
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04 Sep 2014, 8:55 pm

It's a problem at all the universities. They're all desperate for money (admittedly their idea of 'desperate' is different from most people's) and top students/faculty, so they've started spending gargantuan sums on PR and advertising. Rape, bad PR. They also have to report sexual assaults, and many of them simply haven't been doing it.

I'm glad this girl is doing this, but quite a lot more needs to be done.

eta: I would not be surprised, a few years from now, to hear that there's been a high rate of unreported rapes of Chinese women at American universities. We recruit very heavily in China and Chinese students now make up a significant proportion of students at many US schools. Frequently those students don't have a good understanding of either English or US law or social codes, and are isolated and vulnerable.



The_Postmaster
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04 Sep 2014, 9:20 pm

He is an alleged rapist, not a convicted one. And frankly, even if he did rape her, without evidence, I don't want him to be expelled from the college-- unless, of course, some evidence is produced. That would create a terrible precedent. A precedent that would make it acceptable to eject people from schools based only on someone's word.

I am also skeptical of the "yes means yes" law. What good does this law do? It's still his word against hers, only now instead of "she never said no" it's "she said yes". It assumes guilt until the accused proves their innocence, which is patently abhorrent. The author of the bill has responded, when asked what evidence could be used to prove one's innocence, "your guess is as good as mine". The definition of rape this bill uses is so broad that it's practically meaningless. This law is going to be a train wreck.



auntblabby
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04 Sep 2014, 9:29 pm

then how do we stop these pigs from raping women?



The_Postmaster
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04 Sep 2014, 9:36 pm

I don't claim to have the answer to that question, and I don't claim to know that there is an answer, but this certainly isn't it. We do not assume guilt based only on someone's word.



auntblabby
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04 Sep 2014, 9:37 pm

are you saying a rape kit was never used?



The_Postmaster
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04 Sep 2014, 9:39 pm

To what case are you referring? I'm just addressing the "yes means yes" bill as a whole. It shifts the burden of proof to the alleged rapist.



auntblabby
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04 Sep 2014, 9:40 pm

my guess is that somebody like the perp with his history of rape, should have been DNA tested to match the rape kit.



tarantella64
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04 Sep 2014, 9:45 pm

auntblabby wrote:
my guess is that somebody like the perp with his history of rape, should have been DNA tested to match the rape kit.


If that's going to be the standard, there'll have to be provisions for actually making sure the rape kits get analyzed timely. There are cases all over the country of rape kits just being warehoused for years, never sent to a lab or anything, and usually the excuse is that it's not a funding priority. Similar to the police depts that've stopped going out on domestic violence calls.

Also, you're equating "rape" with "ejaculation" here, which is much too stringent a standard. You assault someone with a carrot, that's still rape. You stick your hand down their pants and stick your finger in - also still a crime. So at some point in rape cases, yes, some of it is descriptions of what happened.



Last edited by tarantella64 on 04 Sep 2014, 9:48 pm, edited 1 time in total.

auntblabby
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04 Sep 2014, 9:47 pm

tarantella64 wrote:
auntblabby wrote:
my guess is that somebody like the perp with his history of rape, should have been DNA tested to match the rape kit.


If that's going to be the standard, there'll have to be provisions for actually making sure the rape kits get analyzed timely. There are cases all over the country of rape kits just being warehoused for years, never sent to a lab or anything, and usually the excuse is that it's not a funding priority. Similar to the police depts that've stopped going out on domestic violence calls.

then it it is no wonder that police/pols are not trusted.



tarantella64
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04 Sep 2014, 9:49 pm

auntblabby wrote:
tarantella64 wrote:
auntblabby wrote:
my guess is that somebody like the perp with his history of rape, should have been DNA tested to match the rape kit.


If that's going to be the standard, there'll have to be provisions for actually making sure the rape kits get analyzed timely. There are cases all over the country of rape kits just being warehoused for years, never sent to a lab or anything, and usually the excuse is that it's not a funding priority. Similar to the police depts that've stopped going out on domestic violence calls.

then it it is no wonder that police/pols are not trusted.


Oh, that's only part of why. I mean when I got assaulted -- not sexually, just mugged and beaten -- the cop kept insisting that I must've known the guy and wouldn't stop asking about what I was wearing. Nor would he let me draw a picture of the guy. When I protested, he threatened to arrest me. Cops got a lotta problems and for good reason.



auntblabby
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04 Sep 2014, 9:51 pm

tarantella64 wrote:
auntblabby wrote:
tarantella64 wrote:
auntblabby wrote:
my guess is that somebody like the perp with his history of rape, should have been DNA tested to match the rape kit.


If that's going to be the standard, there'll have to be provisions for actually making sure the rape kits get analyzed timely. There are cases all over the country of rape kits just being warehoused for years, never sent to a lab or anything, and usually the excuse is that it's not a funding priority. Similar to the police depts that've stopped going out on domestic violence calls.

then it it is no wonder that police/pols are not trusted.


Oh, that's only part of why. I mean when I got assaulted -- not sexually, just mugged and beaten -- the cop kept insisting that I must've known the guy and wouldn't stop asking about what I was wearing. Nor would he let me draw a picture of the guy. When I protested, he threatened to arrest me. Cops got a lotta problems and for good reason.

part of the problem is that outside of detectives, cops are NOT chosen for their intelligence.



starvingartist
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04 Sep 2014, 10:49 pm

The_Postmaster wrote:
He is an alleged rapist, not a convicted one. And frankly, even if he did rape her, without evidence, I don't want him to be expelled from the college-- unless, of course, some evidence is produced. That would create a terrible precedent. A precedent that would make it acceptable to eject people from schools based only on someone's word.

I am also skeptical of the "yes means yes" law. What good does this law do? It's still his word against hers, only now instead of "she never said no" it's "she said yes". It assumes guilt until the accused proves their innocence, which is patently abhorrent. The author of the bill has responded, when asked what evidence could be used to prove one's innocence, "your guess is as good as mine". The definition of rape this bill uses is so broad that it's practically meaningless. This law is going to be a train wreck.


yes, allegedly he raped three women. so if he were to be expelled it would be on the word of three women. how many would have to come forward before you might consider it possible that he actually did what he's being accused of doing by three different women?