Do we live in a Rape Culture?

[GMDino]

(05-13-2016, 09:50 AM)Brownshoe Wrote: The courts would disagree with you. If they gave consent it's not rape. Some people believe that lying to someone to have sex is taking advantage of someone and is rape. Which isn't rape either. If they give consent it's not rape. If they're passed out or incapacitated then they can't give consent. The court system agrees with me too, and no one else has been able to provide evidence to contradict that.

http://www.mercurynews.com/breaking-news/ci_29705492/jury-finds-former-stanford-athlete-guilty-sex-assault

Quote:PALO ALTO -- A former Stanford athlete was found guilty Wednesday of sexually assaulting an unconscious intoxicated woman outside an on-campus fraternity party in a case that helped increase pressure on colleges nationwide to do more to prevent assaults and punish offenders.


Brock Turner, 20, was convicted of three felony charges: assault with intent to commit rape of an intoxicated woman, sexually penetrating an intoxicated person with a foreign object and sexually penetrating an unconscious person with a foreign object.

District Attorney Jeff Rosen said the case helps make the distinction clear between consensual sex and sexual assault.

"Drunk means no," Rosen said. "Passed out means no."

...

Prosecutor Alaleh Kianerci contended that Turner knew the woman was extremely drunk and purposely took advantage of her. 


...


Turner was arrested Jan 18, 2015, immediately after two Stanford graduate students who were bicycling by a Kappa Alpha fraternity party about 1 a.m. caught sight of him on the ground outside, thrusting his hips atop an unconscious, partially clothed woman. Outside the courthouse, Kianerci credited bicyclists Peter Jonsson and Carl Arndt for the success of the case and lauded the victim for braving public embarrassment and testifying.


Turner testified that the Palo Alto woman, who was 22 at the time, was awake and conscious throughout their encounter and that he never intended to rape her.


But the woman did not wake for at least three hours and had a blood-alcohol level more than three times the legal limit. Turner acknowledged on the stand that she was "very drunk" but testified she was "no more drunk than anybody else" at the party.



...


Turner said the woman had agreed to accompany him to his dorm room, a mere 10 minutes or so after the two began dancing together and kissing at the fraternity party. As they walked outside holding hands, he said, she slipped and they fell, then started kissing on the ground near an outdoor trash bin. He testified that she said "yes" when he asked her if he could touch her genitals and that he did for a minute. He said he asked her if she liked it and that she replied "uh huh."

See...this is what we mean.  She's too drunk to respond but the poor man thinks she said yes.


Drunken consent is not consent all the time.