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Just because someone claims to have been raped does not mean they were actually raped. And even if they were raped the circumstances involvd DO PLAY a role in the verdict. Are you really that obtuse to not understand a single thing I and others have been saying all along?
Sure do. Do you have the capacity to understand that this conversation is about rapes that have occured?
Do you even believe in innocent until proven guilty, and beyond reasonable doubt?
Please provide one example of my using an emotional response.
Your emotional responses are killing me captain. I dont even know why I bother replying to you.
Ad hominem is logical fallacy, and destroys your credibility.
I hope your not a judge, because every single case would be GUILTY! Give him a life sentence, no evidence necessary. Womens testimony is all one needs
. Men are always liars.
You think so? Hmmm.....ive stated multiple times that both sexes are capable of being raped. Perhaps you should get better educated so you can understand such things.
Women are not capable of raping men.
Thats called false rape accusation. Happens a lot. Its really not relevant to this conversation, though.
Tell me what happens when a couple enjoyed sex, later got into a big arguement, and women wants to get revenge by suing her partner?
I think you must be a little slow. Ive said it happens plenty.
? It never happens?
FALSE ACCUSATION. Different topic.
Women claims "that pig raped me". Is this black and white enough for you?
Soliciting personal information is against the T&C of this site. I will simply tell you I have worked in social services for a long time, and have never once, NEVER ONCE, seen an instance where a rape victim was at fault for being raped.
What the hell are your credentials?
For someone who accuses me of being rude, you sure do like to jump to personal attacks, ad hominem, and off topic posts. Interesting.
You must live on another planet!
The perpetrators point of view does not matter.
And what gray area is that? Please, elaborate. What gray area exists with forced sex?
EarthCitizen07
reply to post by captaintyinknots
Fine I will try one more time, since I seem to keep making "off-topic posts" lately according to you.
I think there gray areas between man raping women, sex with consent, women raping man.
The DETAILS matter a lot!
Im not so sure about that. Does a person who possesses stolen property stand to be punished, even if they dont know it was stolen? How many people have been convicted of murder when they were convinced it was self defense?
Maslo
reply to post by captaintyinknots
The perpetrators point of view does not matter.
Well, it does so far as the perpetrator must have a guilty mind (mens rea). This is important when it comes to rape because it is possible to accidentaly rape someone (not strictly in a legal sense). Victim quite often freezes and does not clearly indicate lack of or withdrawal of consent. This can lead to unconsentual sex and the same trauma as the usual, stereotypical type of violent rape. Yet it would not be justified to punish the perpetrator who is without guilty mind.edit on 3/10/13 by Maslo because: (no reason given)
captaintyinknots
Can you provide a single example of any time a person can state "No" or "Stop" in a sexual situation, and the other person forces them to proceed, that is not black and white?
The perpetrators point of view does not matter. If the victim stated "No", then the perpetrator is in the wrong.
Many murderers do not believe what they did was wrong, either.
Mind altering substances are not an excuse to commit any crime, let alone rape. Ever heard of someone getting set free for murder because they were high or drunk?
taoistguy
There are no grey areas.
Rape is rape as soon as a woman says no.
I think if a person engages in presex with a man who is under the influence and then it turns out he is not able or willing, quite possibly due to that situation, to change gears at the last instant, that it ought to be considered self-endangerment to the degree that there should be no charge of rape. Our culture desperately needs a few gradients in the legal treatment and semantic definition of this topic.
Are you saying that if the perpetrator doesnt think its rape, that brings into question whether or not it actually is?
RedCairo
taoistguy
There are no grey areas.
Rape is rape as soon as a woman says no.
To the woman, yes.
However there are two people involved in the situation. Last time I checked, men deserved recognition as humans too.
Im not so sure about that. Does a person who possesses stolen property stand to be punished, even if they dont know it was stolen?
taoistguy
It seems some people do not understand the real issues with rape and attitudes towards the victims. Seems that some people think a woman can be blamed and /or partially guilty in her rape, (or him if a male is the victim.) Yet we never hear of a woman being sentenced for being guilty of being raped --COS IT ISN'T SO!!!
Some are slagging off very intelligent debaters and losing the plot by desperately trying to save their reputation and end up trying diversionary tactics and insults. They are obviously lacking in intelligent debate.
You were wrong. Admit it. We all make mistakes in our lives but the mature thing to do is admit it, learn and move on.
Rape is rape as soon as a woman says no.
There are no grey areas.
captaintyinknots
I think if a person engages in presex with a man who is under the influence and then it turns out he is not able or willing, quite possibly due to that situation, to change gears at the last instant, that it ought to be considered self-endangerment to the degree that there should be no charge of rape. Our culture desperately needs a few gradients in the legal treatment and semantic definition of this topic.
So, in your mind, presex is a binding contract to go all the way?
There is no such thing as someone not being able to stop. That is a sham and a cop out. There is NOTHING in the human body that makes it impossible to not have sex.
captaintyinknots
Just because the perpetrator thinks to him or herself "well, they are saying no, but they actually want it" doesnt change a thing.
They dont? Then why are there laws against possessing stolen property?
Maslo
reply to post by captaintyinknots
Im not so sure about that. Does a person who possesses stolen property stand to be punished, even if they dont know it was stolen?
Of course not.
So, disregarding the attempt to take it back to a false accusation conversation, can you provide one piece of evidence to back up the claim that judges have reduced sentences in rape cases because the victim was partially to blame?
Well this is the meat and potatoes of the issue. Obviously the victim is the plaintiff and the perpetrator is the defendant. The state is the prosecutor. How can the victim/plaintiff get sentenced for being partially guilty? If she shares any blame it will be reflected in the verdict against the defendant, either in a reduced sentence or if she was faking the case, the defendant will be set free.
This is a completely fallacious argument. Being charged with something is not the same things as having actually done the thing (which, again, is what we are talking about)
If there were no gray areas, then everyone charged with rape would ALSO be convicted of rape.
No, you are hearing "what you think I mean by what I said" as opposed to what I said.
There are many things in our reality which are not deserved, and may involve another person being at fault, but are sometimes brought upon oneself anyway. I think recognition of these contexts is required for anything with the word 'justice' in it.
There IS a TON of semantic and legal definition. Thats the reason why there is such a thing in most places as "unlawful penetration", or "molestation" laws, which are not the same as rape laws.
What I am saying is that this is sometimes a complex and contextual situation and there are circumstances which ought to merit a spectrum of semantic and legal definition, and not just the polarization of rape vs. not-rape as if one is either a heinous criminal or not, because for most humans, there is definitely a spectrum.
Thats great. A bad choice by someone leads to her getting raped. How is the fact that a person decided to rape her her fault?
However to address your specific question, while I do not consider anything a binding contract except a binding contract, I do consider making out with drunk men to be self-endangerment. While we are teaching men about how everything they ever even thought about is rape, we should be teaching women that if you don't want to get laid, don't make out with drunk men.