Me Too Champion showed it was him too

[Belsnickel]

(05-11-2018, 12:59 PM)fredtoast Wrote: So what if a guy uses this a defense when his girlfriend cries rape?

"My girlfriend and I have had consensual sex a lot of times so I know what consent looks like.  Therefore I don't need to ask permission every time."

Would that be considered a legitimate defense?

You would have to unpack what their conversations have been around consent.

(05-11-2018, 12:59 PM)fredtoast Wrote: And have you ever had sex with your wife when you had both been drinking?  Or should I say, have you ever raped your wife when you had both been drinking?

You are trying to enforce rules that you admit you don't follow.  This is nothing like a straw man.  This is the exact same thing.

To your question: no.

And these are rules I do follow. We know what consent looks like with each other. We've had those conversations. Benton is right in that consent in a relationship is a complicated thing but it is something you have to have communication about it.

You are definitely trying to build a straw man.

(05-11-2018, 02:24 PM)Benton Wrote: In an academic setting or in regard to teens/kids/young adults, I think that's a plausible standard. As someone with kids, I'm happy that's the standard.

For the other five billion people on the planet, that's probably never going to work. If sobriety and enthusiasm are the benchmarks for consensual sex, I couldn't recall the last time I had consensual sex during the last 14 years of marriage. I'm sure there were times either she or I hadn't had a drink and both were enthusiastic about it. 

This is why I have said that in a relationship there should be communication about what consent looks like.

(05-11-2018, 02:32 PM)fredtoast Wrote: If both parties are drunk and they have sex are they BOTH guilty of rape?

There is no way you could just charge one of them is there?

If both parties are intoxicated and we have evidence to that point, then we won't charge either one, or if one was charged we would find the accused student to be not responsible for a violation of policy. Part of the definition of consent requires the person knows or should have (reasonable person test) the other party was intoxicated. Even if a student was not intoxicated and they had sex with a person that feels they were too intoxicated to give consent, if there is insufficient evidence the accused student could've known then we won't find them responsible.

(05-11-2018, 02:32 PM)fredtoast Wrote: Are college women held to the same standard of getting a "sober and enthusiastic 'yes' " for consent before sex to avoid rape charges?

Yes. I have recommended expulsion for a female student before for sexual assault.