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ToughDiamond
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01 Apr 2011, 9:40 am

TeaEarlGreyHot wrote:
ikorack wrote:
TeaEarlGreyHot wrote:

How is it considered a fair trial when the victim is being asked what she wore the night of the alleged assault and what their sexual history was with the accused? Those things are not the least bit relevant in determining whether or not the victim was raped by the accused or not.


Then the judge can put a stop to it. We(We'll America and Canada, don' know about elsewhere) do have laws limiting those defenses already though so I'm not sure why you keep bringing this up it's an issue that's been dealt with legally.


The problem is many judges *don't* put a stop to it. In fact, some even buy into it and declare the victim partially to blame for their assault.

So tell me, how is a rape victim supposed to handle that?


I think it's like any kind of violence - if you just hammer the one who commits the violent act, and do nothing else, regardless of the circumstances, then you'll create an environment in which people can use the illegality of violence to get one over on others. The problem is how to take contributory negligence and aiding and abetting into account. It'd be wrong to acquit a rapist just because a lady was wearing a mini skirt, and it would be wrong to jail a guy who wasn't told until 2 seconds after penetration that his advances weren't wanted. Between those two ridiculous extremes, it can get very difficult to know exactly what was going on and what to do about it.

I had a partner who actually liked the idea of being "raped," and she kept making it more and more difficult for me to have sex with her. She'd actually shout "KNOCK IT OFF!" when I made advances. 8O In the end her resistance was so strong that I couldn't quite believe it was OK to proceed, and I lost my temper with her and told her she was playing games and I didn't like it. We never resolved it and we broke up. I'm sure now that if I'd just used more force on her, she'd have been delighted, but at the time it felt for all the world as if I were about to commit rape. If she'd explained it all clearly then maybe there'd have been no problem, but she only ever hinted, and as a 40-year-old Aspie I just couldn't decode her mixed messages with any confidence. Her love of rough handling isn't unique either - one third of my partners were interested in it. But they never spell it out, they want the guy to just know and get on with it. I could easily have goofed and unlawfully overpowered a woman if I'd mistaken a genuine rebuff for that game some of them love to play. Would I then have deserved the label of rapist pinned to me for the rest of my life? That's what would happen without the concept of female negligence.



AngelRho
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01 Apr 2011, 11:43 am

ToughDiamond wrote:
TeaEarlGreyHot wrote:
ikorack wrote:
TeaEarlGreyHot wrote:

How is it considered a fair trial when the victim is being asked what she wore the night of the alleged assault and what their sexual history was with the accused? Those things are not the least bit relevant in determining whether or not the victim was raped by the accused or not.


Then the judge can put a stop to it. We(We'll America and Canada, don' know about elsewhere) do have laws limiting those defenses already though so I'm not sure why you keep bringing this up it's an issue that's been dealt with legally.


The problem is many judges *don't* put a stop to it. In fact, some even buy into it and declare the victim partially to blame for their assault.

So tell me, how is a rape victim supposed to handle that?


I think it's like any kind of violence - if you just hammer the one who commits the violent act, and do nothing else, regardless of the circumstances, then you'll create an environment in which people can use the illegality of violence to get one over on others. The problem is how to take contributory negligence and aiding and abetting into account. It'd be wrong to acquit a rapist just because a lady was wearing a mini skirt, and it would be wrong to jail a guy who wasn't told until 2 seconds after penetration that his advances weren't wanted. Between those two ridiculous extremes, it can get very difficult to know exactly what was going on and what to do about it.

I had a partner who actually liked the idea of being "raped," and she kept making it more and more difficult for me to have sex with her. She'd actually shout "KNOCK IT OFF!" when I made advances. 8O In the end her resistance was so strong that I couldn't quite believe it was OK to proceed, and I lost my temper with her and told her she was playing games and I didn't like it. We never resolved it and we broke up. I'm sure now that if I'd just used more force on her, she'd have been delighted, but at the time it felt for all the world as if I were about to commit rape. If she'd explained it all clearly then maybe there'd have been no problem, but she only ever hinted, and as a 40-year-old Aspie I just couldn't decode her mixed messages with any confidence. Her love of rough handling isn't unique either - one third of my partners were interested in it. But they never spell it out, they want the guy to just know and get on with it. I could easily have goofed and unlawfully overpowered a woman if I'd mistaken a genuine rebuff for that game some of them love to play. Would I then have deserved the label of rapist pinned to me for the rest of my life? That's what would happen without the concept of female negligence.


I think that fantasy-play of rape is hot. But I think you are better off not being with this girl because HOW DO YOU KNOW if it's a game or not? I understand that people into the hardcore stuff have a sort of signal system, a code-word or something to indicate when something is NOT cool. I myself tend to be pushy when it comes to that. One relationship I was in was with a very inexperienced girl. I let her know my expectations up front and that she needs to understand what being in a relationship with me would ultimately mean. She didn't put on the brakes, she knew what was going to happen that night, and she had every chance to back out. She would admit that she wasn't really prepared for that, but it has been my experience that few people ever really are. She would also say that it was enjoyable.

As the man in the situation, we have to be extremely careful how we go about it. There are some very fine lines, and I do believe that if you stayed on the safe side of every line, NO ONE would EVER have sex at all.

As to everything else regarding rape and the equity of "play": I often refer to the Bible on things like that these days. According to the law, if a woman was out in the field, was raped, cried out, and no one heard her, it was pretty much her word against his and he'd be put to death. This is in Deuteronomy 22:25. It specifically refers to an engaged woman, as the law would be different for a single woman. The question here is what her intentions were--to murder a man through the legal system? The answer to the problem is easy--stay away from her if you find her, don't have sex with her, never travel anywhere alone! From how I understand these laws, if someone is found out to be setting someone up for a crime, any crime, then THEY would receive the punishment for what they are falsely accusing. This puts the man in the position of maintaining self-control at all times. It could easily be determined whether the man is innocent. It also avoids "blaming the victim."

In modern times, we culturally don't have a way to distinguish between consensual sex and rape. If the "woman in the field" cries rape, it is assumed that she WAS raped UNLESS she has been known to and witnessed to be in the habit of luring men "into the field" for such a purpose. In other words, if she was heard telling someone what she was planning to do, it can't be construed as rape. She would no longer be the victim, but the perpetrator.

In YOUR case, your woman makes a "game" of "crying rape," though it is in reality consensual. But how does anyone else know that? What if she was really serious and you didn't know it because it seemed just like any other time? Doesn't matter. She said, "NO" and/or "STOP" and you didn't. She's figuratively got you by the balls, whether she intends to metaphorically squeeze them or not.

Sexual intimacy is no game. Play that game and the woman wins every time.



puddingmouse
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01 Apr 2011, 2:57 pm

AngelRho wrote:

Sexual intimacy is no game. Play that game and the woman wins every time.


Really?

Do you have insight into the sexual politics of every relationship?


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TeaEarlGreyHot
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01 Apr 2011, 2:59 pm

puddingmouse wrote:
AngelRho wrote:

Sexual intimacy is no game. Play that game and the woman wins every time.


Really?

Do you have insight into the sexual politics of every relationship?


Of course he does, because every sexual relationship is exactly the same.


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LKL
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01 Apr 2011, 3:03 pm

@ Tough Diamond and Angel Rho, I am revolted by that kind of game but feel compelled to introduce you to the concept of 'safe words' anyway, for your own good:
http://en.wikipedia.org/wiki/Safeword



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01 Apr 2011, 3:04 pm

ikorack wrote:
LKL wrote:


I don't see what any of these have to do with points I raised. EDIT: Which is to say individual cases do not prove that a law is conductive to unnecessary abuse. , Also I am focusing on countries who's feminists movements are established, some of these cases are from countries who are just now starting to receive feminist movements.

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The first is not a comment on the courts behavior but the media and the internets, it also outlines the opinion that the previous relationship(EDIT: That is the previous relationship between defendant and alleged victim) is not relevant to the trial which is false, if the man had shown signs of aggression such as battery towards the woman would that not be admitted? Even then a previous relationship would not wipe away a rape claim, so their point seems silly to me.

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1.) when it is offered "to prove that a person other than the accused was the source of semen, injury or other physical evidence," (2) when it is offered to prove consent and it consists of "specific instances of sexual behavior by the alleged victim with respect to the person accused," or (3) when the exclusion of the evidence "would violate the constitutional rights of the defendant." The first, narrow exception is appropriate, especially when misidentification of the perpetrator is a common evidentiary issue in stranger and inter-racial rape cases.

The second and third exceptions to the federal shield (and to analogous state shields), however, render the armor defective. The second exception—the admission of sexual history with the defendant—cracks the shield because, according to the Department of Justice, 62 percent of adult rapes are committed by prior intimates—spouses, ex-spouses, boyfriends, or ex-boyfriends. The third exception—the admission of evidence when its exclusion would violate the defendant’s constitutional rights—often crumbles what is left of the shield because courts routinely misinterpret and exaggerate the scope of the defendant’s constitutional right to inquire into the complainant’s sexual history, particularly when the complainant is deemed promiscuous with the defendant or others.


She takes offense at the exceptions to the federal rape shield laws all of which are reasonable. From here there are several things for me to take issue with but I am not up to that, which parts are you using for your argument? And what exactly is your argument.

Second link points to
Quote:
Far from being lucky, Black's sexual encounter turned out to be a stroke of bad luck both for him and for rape law reformers. The rape case arising out of it, Doe v. United States, 1 held that evidence of the victim's "promiscuity" was admissible to support the defendant's assertion that he reasonably but mistakenly believed that the victim had consented to sex. 2


Which is a specific and reasonable exception so I am not certain what your argument for this is either.

The third link points to exceptions that I can agree are unreasonable. But that is a proposal not a passed law.

:roll:



LKL
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01 Apr 2011, 3:05 pm

ikorack wrote:
LKL wrote:
haven't read the posts since my last visit, but wanted to drop off this link as relevant to this thread:
http://www.salon.com/life/scott_adams/i ... s_movement


Yeah I thought the Scott Adams thing was a joke seems people took it seriously, I suppose he could just be a dick.

way to miss the point.



AngelRho
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01 Apr 2011, 4:08 pm

TeaEarlGreyHot wrote:
puddingmouse wrote:
AngelRho wrote:

Sexual intimacy is no game. Play that game and the woman wins every time.


Really?

Do you have insight into the sexual politics of every relationship?


Of course he does, because every sexual relationship is exactly the same.


Not at all, and that's not even what I was getting at.

Look at it rather from a strict legal perspective. Either a woman was raped or she wasn't. How does one determine whether rape has occurred? Just because the woman "said so"? If the rape incident started out as an intentional private affair, there are no witnesses. Only the woman and the man know the truth. I strongly disagree with so-called blaming the victim, BUT the ways in which rape cases are defined and often handled places a profound degree of power on the woman over her sexual partner or abuser. The inherent reality here is such that there really is no presumption of innocence. Now, if a woman fails to follow correct protocol, such as going to the hospital immediately after the incident, she doesn't do herself any favors. Condom usage also poses a problem in that there won't be quite as much clinical evidence. And rape is not necessarily always a violent act in the usual sense. A woman can "cry rape" for as little as deceptive behavior that, had she known the truth about her partner, she would never have consented to sex. I shudder to think how many times I could be accused of rape even though I've never engaged in anything that I thought was non-consensual. Multiply that by the number of every man who MIGHT have had sex with a woman who didn't really want to do it but somehow failed to communicate that fact. Those are a lot of rapists who are lucky not to be in prison, never mind the obvious ones that never get reported.

I understand that not all relationships are the same, and to insinuate that I ever said that is a blatant straw man. The plain fact is that rape, from a technical legal pov is way too easy a crime to commit. Rape convictions are unique in that they do not result from trials that are necessarily balanced. They generally favor female victims from the outset.

And they should. If men are aware of the consequences of their actions and punished to the fullest extent allowable, we have to carefully consider whether sex is really something we want that bad.

Better to err on the side of safety. If sex is a game, it is a dangerous one. When in doubt, DON'T.



TeaEarlGreyHot
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01 Apr 2011, 4:10 pm

I was joking. :oops:


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01 Apr 2011, 4:15 pm

Quote:
Better to err on the side of safety. If sex is a game, it is a dangerous one.

Screw that. Bang everything! Bang anything that moves in the vicinity!
:wink:


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AngelRho
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01 Apr 2011, 4:24 pm

LKL wrote:
@ Tough Diamond and Angel Rho, I am revolted by that kind of game but feel compelled to introduce you to the concept of 'safe words' anyway, for your own good:
http://en.wikipedia.org/wiki/Safeword


No worries here. We aren't into that at my house. If my wife wants to play rough, she's going to be the one in charge. I can take it. But if I were to so much as raise a hand to her just as a threat, she'd have my bags packed and the locks changed the next day.

I think safe words would have helped in Diamond's situation, as long as they are consistently used. On the other hand, having safe words implies consent, which limits the fantasy. She might have had a tendency to overuse the safe word trying to push him into breaking the rules. That's dangerous ground to tread. That's not the kind of woman I'd ever want to try to handle.



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01 Apr 2011, 4:26 pm

TeaEarlGreyHot wrote:
I was joking. :oops:

Darn my aspie literal mind!! !! :lol:



AngelRho
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01 Apr 2011, 4:28 pm

Vigilans wrote:
Quote:
Better to err on the side of safety. If sex is a game, it is a dangerous one.

Screw that. Bang everything! Bang anything that moves in the vicinity!
:wink:

Don't say that. There are a lot of sheep where I live!

J/K :lol:



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01 Apr 2011, 4:31 pm

I disagree with you that rape trials favour the female from the outset.

I also think you're being a little paranoid about how often women 'cry rape', though I won't pretend it doesn't happen. Even the vast majority of those women that are into rape fantasies (I'm not one of them) aren't out to convict you.

Also, women don't always have the upper hand when rape accusations are made. There are many cultures where if you say you were raped, they assume it was your fault. That was the attitude of Western culture for a long time, and it still kind of is despite the progress that has been made.


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TeaEarlGreyHot
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01 Apr 2011, 4:32 pm

puddingmouse wrote:
I disagree with you that rape trials favour the female from the outset.

I also think you're being a little paranoid about how often women 'cry rape', though I won't pretend it doesn't happen. Even the vast majority of those women that are into rape fantasies (I'm not one of them) aren't out to convict you.

Also, women don't always have the upper hand when rape accusations are made. There are many cultures where if you say you were raped, they assume it was your fault. That was the attitude of Western culture for a long time, and it still kind of is despite the progress that has been made.


Agreed.


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MotherKnowsBest
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01 Apr 2011, 4:59 pm

TeaEarlGreyHot wrote:
puddingmouse wrote:
I disagree with you that rape trials favour the female from the outset.

I also think you're being a little paranoid about how often women 'cry rape', though I won't pretend it doesn't happen. Even the vast majority of those women that are into rape fantasies (I'm not one of them) aren't out to convict you.

Also, women don't always have the upper hand when rape accusations are made. There are many cultures where if you say you were raped, they assume it was your fault. That was the attitude of Western culture for a long time, and it still kind of is despite the progress that has been made.


Agreed.


Me too. If rape trials favoured the female it would be reflected in the convictions rates.