Do we live in a Rape Culture?

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(05-06-2016, 08:05 PM)bfine32 Wrote: Hey you seem to have the answers; maybe you can answer my question; as no one else can:

If a transwoman and transman have drunken sex; which one could charge the other for rape if they both said they were too drunk for consent?

I'll begin with the obvious observation that this is a facetious and/or fatuous question, which is why others have ignored it. As to who could charge whom with rape in your hypothetical, it would come down to the statute governing the community where the crime happened. I suggest you look up a rape statute and then submit it to a judge or a criminal law professor, lay out a detailed hypothetical where you name the principals in the sexual encounter and exactly who did what to whom and who is what biological sex and gender and then ask who would be vulnerable to a criminal charge. This is why we have law schools - where would be lawyers learn to analyze such hypothetical situations, and courtrooms, where if they become reality a judge decides what the law says. The law may be ambiguous in some communities on this point, in fact it probably is. This is why law is dynamic and not static. Things (and people) change. Time was in America when a black person was only 3/5 of a person, by law. That law has changed, rendering black humans in America whole, from a legal perspective.




But we don't now, nor did we ever live in a racist culture. And we don't now, as we can see from other legal phenomena, nor did we ever live in a rape culture or a culture that in any way treated women as inferior to men.