I'm just mocking CNN. Obviously rape is a bad thing, but the questions (leaking from the recent Shooty McFace thread) are: what constitutes rape, how can we draw hard lines in a world of gray, and just how prevalent is it really?
First and foremost, we need to agree on what really is rape. Not even all states agree, because rape is something that has a legal definition. Rape in one state is sexual assault in another. A lot of states define rape as vaginal penetration with a penis. Clearly this is bullshit, because it means men can't be raped. So here's what I'm proposing we do for the purposes of discussions - throw out legal definitions, because they're bullshit, and don't help anyone reach a consensus. My definition of rape is as fellows: unwanted (or forcing) penetration of any bodily orifice by any means. Unwanted (or forcing) touching would be sexual assault. I'm avoiding the use of "consent" in my definition because it's another legally loaded (read: bullshit) word.
The next part we need to discuss is drawing firm lines in how to determine if a person is willing to engage in sex acts. Obviously a person who is unconscious cannot indicate that they're willing. Doesn't matter why they're unconscious. However, people who have taken mind-altering drugs (including alcohol) can still have desires. The desires may not be "typical" of them, but they are desires nonetheless. I think drugs that are intentionally created to have an amnesiac effect are clearly rape-enabling drugs, but alcohol, marijuana, cocaine, etc? These things have wide ranges of effects on personality, and the intensity of the effects may not necessarily correlate with levels of consumption (due to built tolerances). An alcoholic with a BAC of 0.2 may function just as well as an irregular drinker with a BAC of 0.1. Clearly the goal is to protect people from getting raped, but the goal should also be to protect people from getting labeled rapist unjustly. This is true of any crime.
And finally, just how often are people getting raped? I linked a CDC factsheet on sexual violence in the other thread, but frankly, it doesn't even matter. My opinion is that we have no solid evidence of how much rape/sexual assault is actually happening, because people can't agree on definitions. I don't think there can ever be, because rape appears to be in the eye of the beholder. Under my definition of rape above, which I think is as close to a catch-all as is possible, any sex act on a partner while they're asleep is rape. If they are ok with it after the fact, then no harm no foul. We have problems since some people think the reverse is true as well (not being ok with it after the fact even though you agreed to it during).
I'm not even going to get into the bullshit injustices that happen in rape accusations. Women in particular seem to want rape to be a guilty until proven innocent type of crime, and unfortunately it seems that investigators/prosecutors are treating it that way due to pressure from feminist organizations. It sucks that it's a crime that happens usually when two people are alone, and therefore is an oftentimes literal "he said-she said", but in the interest of justice we can't treat rape any differently from other crimes. There must be evidence proving guilt.
Discuss!
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