Do we live in a Rape Culture?

[Brownshoe]

(05-07-2016, 11:30 AM)xxlt Wrote: https://share.cornell.edu/education-engagement/sex-alcohol-and-clear-consent/

For those who read the text at the above link, let me know where the book burning will be and if it will be BYOR for the hanging in effigy of Cornell's President.

http://www.businessinsider.com/can-you-get-convicted-of-rape-if-you-were-drunk-2013-11

We will need a big site for the burning, because as you can see from the link above, it isn't just the socialists and feminists - aka the enemies of freedom and the Constitution Jesus wrote - who are destroying America under the bogus premise of rape culture. It is also the men and women we thought were our heroes, tearing the foundation of America down brick by brick. Yes, the conservative capitalists over at Business Insider have jumped on the bandwagon. These could be the last days: prepare for the rapture.

Some low lights (as opposed to highlights) from the [i]Business Insider [i] piece, which was written in 2013:

In some cases, a drunken assailant could be convicted of a lesser degree of rape than a sober person, according to Fishman. (He stressed that it's difficult to generalize too much, since rape charges vary from state to state.) A rapist's mental state could certainly influence sentencing, he said. From an email Fishman sent me:

As a general rule, a defendant who knew the victim was not consenting is more morally culpable, and therefore deserves a harsher sentence, than a defendant who was too stupid or conceited or lust-crazed to realize the victim was unwilling. But that is an issue that would be decided by the judge (or, in some states, the jury) only if, and after, the defendant was found guilty.

A rapist's intoxication will almost never get him off completely, though.

There is one unlikely scenario that would enable an intoxication defense: if somebody slipped the rapist a drug that dramatically altered his perception of reality. However, usually drunk people are responsible for putting themselves in that state. And if a drunk person has sex with somebody who's clearly saying no or is completely passed out, then a jury would likely consider that rape.

The situation gets more complicated if both parties are conscious and drunk. Here is how the Justice Department defines rape:

The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

The law is currently evolving to determine whether a conscious woman who's incredibly drunk is capable of giving consent, Coughlin, the UVA professor, told me.

Ineresting articles. The most interesting part is how neither of them said that drunken consent isn't consent. Its almost like it's a straw man.