Rape Logic

[meus-ovatio.livejournal.com]

"Mr. Anderson, you allege that on the night of 14 December 2010, the defendant robbed you on the corner of 24th St. and Broadway Ave. Am I correct in this?"

"Yes. He robbed me. Took my wallet."

"He took your wallet, Mr. Anderson? You mean, surely, that he tore your pants off and physically removed your wallet with his own hands?"

"Well no, it wasn't quite like that..."

"Well what was it like, Mr. Anderson?"

"He told me to give him his wallet and threatened me."

"And did you hand over your wallet, Mr. Anderson?"

"Well... well yes I did."

"So you willingly removed your own wallet and transferred possession of said wallet to the defendant?"

"No, he robbed me! He said he had a gun!"

"Did he, Mr. Anderson? Did he really say that?"

"Yes!"

"My client denies any such thing. What do you have to say?"

"He said he had a gun, and to give him his wallet."

"And did the defendant touch or harm you in any way?"

"Well... no... nothing happened like that... I was afraid!"

"Did you tell him that?"

"What? No! What kind of question is that?"

"So here we are left to believe only your word, Mr. Anderson? Your word that you freely handed over your wallet to the defendant, with no signs of violence, no evidence of any untoward actions, and yet you insist on wasting our time with this?"

"I was robbed!"

"That is precisely the issue under question, Mr. Anderson. Simply repeating yourself doesn't help. Mr. Anderson... were you drinking on the night of 14 December 2010?"

"Well yes... I was coming home from a pub I was at with my friends."

"Really, Mr. Anderson. How much did you drink?"

"Well I don't know really... a few beers, a couple shots... there was a birthday..."

"Ah, so it would be safe to say that you were suffering from, let us say, impaired faculties?"

"I know what happened to me!"

"Do you, Mr. Anderson? I can have an expert testify before the court that even moderate alcohol consumption greatly affects memory."

"This is insane!"

"No, Mr. Anderson, this is Conservative Court."

Comments

[rasilio.livejournal.com]

"You said "she wakes up the next morning." "

Wake up does not necessarily presume sleep, it could also simply mean "Become aware" or transition from an unconscious to conscious state.

"Either way, the second a person withdraws consent and says "NO" or "STOP", and the other person continues, it's rape."

I agree completely, now where did I indicate that sex continued after consent was withdrawn? I certainly left room in there that it might have for at least a little while and if it did then it would constitute rape, however it just as easily have ended as soon as she said stop.

"You cannot grant consent when you are asleep."

True, but you can before you go to sleep, so absent specific negotiations on tha matter what is the statute of limitations on consent? 1 hour? 2 hours? 10 hours? Sunrise? Or shall we measure it by specific sex acts?

"No you didn't; there was no lack of consent when she woke up."

But there was no consent before I started, are you saying that consent can be granted retroactively? If that is the case does that not just give every rapist out there the argument that "I thought she would be ok with it"?

[dwer.livejournal.com]

Wake up does not necessarily presume sleep, it could also simply mean "Become aware" or transition from an unconscious to conscious state.

oh, please. Give me a break. You're arguing a difference that makes no difference.

I agree completely, now where did I indicate that sex continued after consent was withdrawn? I certainly left room in there that it might have for at least a little while and if it did then it would constitute rape, however it just as easily have ended as soon as she said stop.

Consent for one sexual activity is not consent for another one.

True, but you can before you go to sleep, so absent specific negotiations on tha matter what is the statute of limitations on consent? 1 hour? 2 hours? 10 hours? Sunrise? Or shall we measure it by specific sex acts?

See above.

But there was no consent before I started, are you saying that consent can be granted retroactively? If that is the case does that not just give every rapist out there the argument that "I thought she would be ok with it"?

When your wife woke up, she granted consent by not saying "Stop".