To find out who raped who we need an immediate BAC test of both parties, the one who is higher is the victim, the less drunk one goes to prison. We’ll call it Rape Roulette and sell it to netflix for millions.
Comment on Anon pregames
Rekorse@sh.itjust.works 3 months agoI think you argued that if the night ended in sex, they both would have raped each other?
Is it rape because she would have gotten him to go against his morals for a short time?
The story seemed to imply she wasnt physically capable of forcing sex, she was trying to appeal to his sexual urges.
I do understand drunk people commiting crimes is a thing and they should be responsible for that, but this specific case, I don’t know it was possible for her to be the raper.
I don’t disagree with you but its hard to reconcile that being drunk makes someone both not responsible and responsible for their actions at the same time.
ArcaneSlime@lemmy.dbzer0.com 3 months ago
Rekorse@sh.itjust.works 3 months ago
Next Squid Game let’s go!
Quacksalber@sh.itjust.works 3 months ago
but this specific case, I don’t know it was possible for her to be the raper. In my mind, even if you lack the means to commit a crime, you still wanted to commit that crime and you tried to commit that crime.
Rekorse@sh.itjust.works 3 months ago
I do agree but doesnt that then lead to the possibility that both people are assaulting each other and are also victims of each other?
What if they both wake up upset that it happened?
southsamurai@sh.itjust.works 3 months ago
No, that is not what I argued. I said that if she used force or coercion, she would have raped him.
Coercion is the use of social, emotional, or other non physical means to cause a person to act against their will.
Rape is not always an act of physical force. You didn’t say that it was, I’m just repeating it for general purpose.
The night ending in sex would have meant that she sobered up, expressed her consent and intent, then he agreed to sex.
It is kinda possible for two people to rape each other, but there’s a shit-ton of stretching of the term, plus very unlikely situations to make it so. Even then, there would be a ton of argument about it from anyone not involved.
I think you either misunderstood, I phrased things badly, or my dyslexia + poor proofreading via tts screwed something up. I can’t find any errors, so I have to assume the first two.
There are a ton of ways to use non physical force on someone, and most of them can not only be done while drunk, but the inhibition being depressed via alcohol could make someone more likely to use them.
That is not the same thing as attempting to convince someone to have sex with you by using your physical appearance, the offer of sex (or specific sex acts), or even just by being an asshole and not leaving them alone. As shitty as nagging at someone for sex is, it hasn’t the same thing as rape, so long as the person being the target is capable of consent and has freedom to leave.
untorquer@lemmy.world 3 months ago
Yet another factor is the power dynamic between a sober person and someone under the influence.
Rekorse@sh.itjust.works 3 months ago
Did she not try to sway his emotions through coercion? She didnt take no for an answer initially.
southsamurai@sh.itjust.works 3 months ago
If there are no consequences to saying no, it isn’t coercive. It’s the difference between begging and saying “if you don’t, I’ll threat”
The threat can be minor, something like “I’ll tell everyone you’re a lousy lay” all the way up to “I’ll tell everyone you raped me” or less direct like “I’ll stop paying the car payment”, or “I’ll evict you”.
But, as nasty as not taking no and backing off immediately is, it isn’t the same as coercion or force. Even being very pushy about it, even using physical contact isn’t coercion, though whether or not such behavior should be illegal is an interesting possibility. The difference is whether or not the target of the “seduction” can walk away freely.
If they can, if they can enforce their no and leave, even if they don’t exert that ability, or isn’t coercive, just douchey.
Now, there is another issue in there. Some people may not believe they can freely and safely exit. That’s part of why when someone says no, everything stops, period. Other people may freeze up and be unable to exit, despite having the freedom to, which is another reason we have to make sure that we not only exhibit good sexual behaviors, but teach those ethics whenever needed.
But as far as something being rape or not, that is the ultimate determinant, the freedom of the person to say no, and exit the situation. Legally, it may well not matter if the person nagging the other for sex is aware of the target wanting to exit, but having internal barriers preventing it. That’s something laws and juries have to deal with. But for the purpose of discussion like this, that’s the line.
Rekorse@sh.itjust.works 3 months ago
It really sounds like you are saying its only coercion if its successful. You also seem to be implying someone can’t be raped if there was someway they could have escaped along the way. Its very similar to saying if they can’t talk they can’t say no.