Tag Archives: rape

Affirmative consent is merely Rape of the gaps

Based on a YouTube conversation…

Rape of the Gaps



Trigger warning: long as a train going into a tunnel…

“i am, indeed, a proponent of the idea that making consent a prerequisite before sex is a reasonable limitation on individuals during sexual interactions, as a matter of ethical conduct…”

Consent before sex, before eating, before work, before anything is the hallmark of a civilized society.

This, however, is not what Senate Bill No. 967 (the “Affirmative Consent Law”) proposes. I’m not sure that you’re familiar with the law (the bill, really) in question. Find it here for clarity’s sake, it’s a reasonably easy read: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB967

In short, the law states that if universities want government funding, that they must enact policies that use affirmative consent as a standard to determine whether or not a rape has been committed. It propose that lack of of constant affirmation thought-out sexual activity is sexual assault. It is not merely “Would like you like to make love to me?” once followed by a yes-or-no; it is the Rape of the Gaps argument: every interaction that is not demonstrated to have had expressed verbal consent is a form of sexual assault.

The problem is that in case someone comes forth, claiming to be a victim of rape, the university must in fact demand evidence of non-rape on the part of the accused, the proving of a negative, and from someone who more often than not is not given the ability to respond, who is denied due process rights in the disciplinary hearing.

Of course, the only means by which evidence of consistent consent can be presented is via video, which of course, requires the consent of both participants before hand-holding begins, and the willingess of the disciplinary committee to admit it.

But there’s more. The accusation of rape is of course retroactive to any supposed act, and this is what makes it so dangerous. In addition to the many institutional and cultural prejudices against men in universities, and the standard of preponderance of evidence (50.1% more likely than not) versus the “beyond a reasonable doubt” standard in a highly politicized arena makes it so dangerous to men’s careers, freedom and future that the law itself is an unjust law. It is not designed to prevent rape as much as it is to assuage a lobbying group.

One of the reasons that the law has been pushed was to meet the condition of where a woman does not express consent, for reasons ranging from immobilization by terror, to mere discomfort at saying “no.” It is a law, designed on the basis that women are victims, and have such a flimsy character that they cannot even squeak out a “no” because they “froze.”

I the past, a popular witch-detection method was to make the accused submit to The Lord’s Prayer Test, in which the person had to recite the Lord’s Prayer without making any mistakes. It was believed that only the innocent could recite it all the way through without error, as surely those possessed by the Devil could never manage to recite holy words. Unfortunately, words are insufficient, and video is either impossible, or just as subject to any interpretation as one might wish to make a case.

“but, that being said, i have a lot of problems with the idea of mandating or legislating the method a set of individuals uses to gain and assess that consent.”

/me nods.

“i agree with the spirit of the law, just not the letter. a well-meaning, poorly thought-out proposal by well-meaning, poorly thought-out people.”

If you don’t mind, I’d like to gently point out that what causes this conversation to arise is that you aren’t familiar with either the spirit or the letter of the given law. I absolutely believe that you have honourable and moral intentions and, I do agree with you firmly that sex is a matter of consenting adults. Both adulthood, and consent should be a prerequisite. Where I disagree with you is that those who have lobbied for this bill are well-meaning, or that they have not fully thought this out.

But I’m a cynic, that way.

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Washington state court says accused rapists cannot bear burden of proving consent

They who make the claim bear the burden of proof. This one decision is a reversal of the insidious trend away from critical thinking, to support any anti-male, pro-women claim for no reason other than an accusation was made be a woman.

This isn’t what Men’s Rights looks like, this is what impartiality looks like, which, oddly enough is what men’s rights advocates are aiming for, which is what the early Feminists claimed to be working for.

Washington state court says accused rapists cannot bear burden of proving consent

(Reuters) – The Washington Supreme Court on Thursday ruled the burden of proving consent cannot fall on a defendant accused of rape, in a split decision that reversed two earlier rulings and prompted fears that dangerous offenders could avoid conviction.

The court in its 6-3 ruling reversed earlier decisions that forced an alleged rapist to establish a preponderance of evidence that a victim consented to sex. The court said such a burden violated constitutionally protected rights and also wrongly interpreted precedent set by the U.S. Supreme Court.

“When a defense necessarily negates an element of the crime charged, the State may not shift the burden of proving that defense onto the defendant,” the ruling said.

“Requiring a defendant to do more than raise a reasonable doubt is inconsistent with due process principles,” Justice Debra Stephens wrote, adding that doing so raises “a very real possibility of wrongful convictions.”

In a dissenting opinion, Washington Supreme Court justices wrote the decision would undo years of progress in rape cases and could allow some sex offenders to go free.

“In 1975, the legislature took an important step toward justice for rape victims when it modified the laws to focus on the conduct of the perpetrator and not the victim. Unfortunately, today’s decision by the majority reverses that progress,” wrote Justice Susan Owens.

In issuing its ruling, the court reversed the conviction of a rape defendant identified as W.R., a minor accused of rape by another minor.

W.R.’s defense maintained the sex was consensual and he appealed his conviction saying his right to due process was violated when he was forced to present the preponderance of evidence that his accuser agreed to the contact.

“This impermissible shift in burden is not merely academic but risks compartmentalizing forcible compulsion and consent, raising a very real possibility of wrongful convictions,” the ruling said.

(Reporting by Victoria Cavaliere in Seattle; Editing by Eric M. Johnson)


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Real Rape vs. Rape Culture …and who is sig.other?

Steven Crowder put up a fairly decent video, worth the listen.

I left a comment.

Rape is not the worst crime that one can commit. Burning children alive, putting a burning tire around their neck, as does Boka Haram is worse. Selling them into sexual slavery, though similar is worse. Or, as is common in Sierra Leon, transforming boys into psychopathic child soldiers is worse. Forcing a child chop off his parent’s hands, or having him have sex with the body of his mother, who he has just killed with a machete is worse. Shoving gun up a woman’s vagina, or her or a man’s anus and pulling the trigger is worse. Anyone who claims that “rape is the worse crime” has no notion of just how deeply depraved an ignorant and power hungry person can be. Rwandan massacre anyone? That having been said, I’m not much for the decapitation of live persons, and we see in some areas of the middle-east. This man’s error is that because he’s a safe, well-fed, privileged Westerner, has no experience of real horror, and thus takes a popular political opinion at face value because he knows no better. But good on him for his video anyway, is point is well taken.

Of course, I’m only on my first coffee of the day, and that’s my temporary excuse for being the typical curmudgeon that I am. As I continued reading the comments, I was delighted to find this unsually insightful comment by someone who signs as “sig.other”

I think discussing which horrible crime is “horribler” is not productive; trying to counter feminists’ context-less shouting match trying to establish which abstract violation of rights is “worser” cannot be successful because the point is spurious. Particular instances of rape are worse than some murders, and some murders are worse than certain instances of rape; or torture, or kidnapping, or what have you. That’s why we have varying degrees of punishment for each and every crime.

In fact, I don’t even think feminists argue this point to establish that rape is “worse” than murder. I think the argument is an attempt to get you to fall into their trap of arguing that rape is a female-victimizing gendered crime by trying to abstract away the individualized natures of individual criminal acts. By doing so, you reinforce their collectivist notions of group accountability and thus group punishment: by allowing them to group all rapes into an abstract (which will inevitably be gendered as female, because statistics and CDC definitions), YOU are reinforcing and supporting the basis for the “don’t be that guy” kind of group-blaming that the rad-fems are propagating these days.

Our counter must be that we must not focus on the group, or the gender, or the label of the offense: each individual’s rights must be judged and protected in every particularized situation. I think the video got this, to some extent – Dunham’s purported “rape” is not equivalent to the two victims the video showed the redacted pictures of. As the video shows, the situations should be judged on the individual circumstances of each and not the “rape” label some people have chosen to haphazardly apply to the highly different situations that were presented. Men, or women, or any other group only get their rights respected and protected when they are individualized as single, distinct human beings, which prevents the oppressors from establishing a group of the dissimilar “other” to abstractly denounce. Arguing whether abstract rape or abstract murder are worse devolves into this context-dropping label application and defeats the purpose of advancing and protecting men’s equal rights.

sig.other, I don’t know who you are. I’ve read a number of your comments on disqus, and I’d like to meet you. If you find this, please get in touch with me via my contact page with your blog info, I’d like to read more of your thoughts.

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White Male Privilege–it’s a universal, isn’t it?

Beware of fools who speak as though their point of view is universal. This is for those who would have me accept some shame or guilt for “white privilege.” I do not believe in the doctrine of Original Sin, nor in scapegoating, thus, I reject your attempts to manipulate me though the thoughtless doctrine of Privilege, male, white, straight, cis–or otherwise.

It’s a pattern: often white South African men are arrested on frivolous charges, dumped in holding cells with black criminals and raped – and then released without charges the next day…

“Wimpie, a white boy who was dabbling with dagga, is put in our cell. I don’t know how old he really is, perhaps 16 or more, but he looks no older than 14, with skinny arms and short, spiky-crowned, brown hair. He tries to fight, and so they hit him. His resistance stops abruptly when one grabs the back of his head and smashes his face into the steel bars …The 20 men take it in turns to rape him. It goes on for more than eight hours, almost the whole night. The boy does everything he can, in his pathetic, limited range of action, to try to deter them, but he is ignored. He screams, he cries, he begs, he tries to bargain, he prays.”
“It is in the morning, though, that I am forced to see what life has coughed up before me. What’s left of Wimpie is lying in a corridor between the bunks, just in front of my bed. He is still naked, shivering in a pool of his own blood where they have discarded him. I will literally have to step over the small body to go and eat my breakfast.” http://upetd.up.ac.za/thesis/available/etd-11042008-164328/unrestricted/00front.pdf

  • “This is a description by Gayton McKenzie, a hardened gang member, of the rape of a young white teenager only known as Wimpie. Where is Wimpie today? Probably dead of Aids, or suicide, as so many male victims of gang rape. If he is alive he might be homeless, addicted to drugs or alcohol as many who do manage to survive the experience. Their lives in ruins around them. “


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Feminists: trivializing consent. How seriously are we expected to take your message now?

The triviality and childishness leaves me speechless. We’ve moved from the significant and worthy issue of women being respected and treated with dignity, to women-children playing “I’m the Queen of the castle, you’re the dirty rascal.”

Trivializing the crime of rape with pre-sex forms in pink boxes and cute, flirty underwear does not address the dark gravitas of the crime of rape, nor does it in any way “raise consciousness” in a way designed to protect women–or men.

It is as though these people don’t understand what rape is a crime, not a political talking point.

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This is what Feminism looks like.

This is what Feminism looks like

Apparently, this originated at scummy-world.tumblr.com

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Why Rape Is Sincerely Hilarious

Is rape hilarious? Well duh! Of course it is! Andrew Bailey makes the case.

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Reasons for false rape allegation: to save $13 cab fare

I am often asked “Why would someone make a false rape allegation against a man?”

The answer is a simple one: because they can, and without consequence.

But here is one reason: to save $13 on cab fare.

In April 2006, Yasa picked up the young women, all 19, along Whyte Avenue, a well-known strip of bars and restaurants in Edmonton. The girls were intoxicated, and trouble began when one of them tried to light up a cigarette, Yasa said. It is illegal to smoke in an Edmonton taxi cab, and Yasa told her to put out the cigarette or risk a $500 fine.

Just then, the girls demanded Yasa stop the cab, and they got out, refusing to pay the $13 fare. Then they accused Yasa of sexually molesting them, Yasa said. They called their friends, and Yasa soon was surrounded by what he calls a “mob.” Both Yasa and friends of the four girls called police.

However, what happened in the taxi was caught on a video camera Yasa had installed inside his car after a passenger tried to assault him a couple of years before. Based on the video evidence of what happened in his cab, Yasa was not charged. Edmonton cabbie sues passengers over false assault allegations.

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