What do you all think is the reason behind the supposedly high incidence of frat boys being involved in rape cases? What's the real problem here? Can it be fixed? I've got a few thoughts, but I'll wait to see if the thread catches anyone's interest before I start rambling
However, I do believe, unless I'm mistaken, that a strong case can be that it was rape.
In what way? She agreed to it beforehand. While anyone can change their mind at any point, it's impossible for someone to immediately comply with any request. There's the time it takes to hear it, process the words, and then make your own response. I call bull that it was rape if the guy stops - certainly, if he had continued, it would be rape, but since he didn't it wasn't and that's as simple as it gets.
On the whole alcohol bit ... I believe that particular details are extremely important. It is not by default rape to have sex with someone who is inebriated. I really can't make a statement other than that because each situation is going to be different.
Yep, that's why I'm making the ladies sign a legal waiver.
Lol, according to a feminist I've talked to all you have to say is "are you okay with this?" Said feminist also claims rape includes, convincing a woman to have sex and being only slightly intoxicated.
No clue, I posed the rhetorical question going somewhere along the lines of "if a woman is offered an alcoholic drink by a man, and she knows full well the drink is alcoholic and would potentially intoxicate, and they both become slightly drunk and both choose to have sex, but afterwards she merely comes to regret the act, is it rape?" (not exact but close enough) she underlined it all...and wrote "yes."
It's common knowledge that guys offer to buy women drinks in order to get their foot into the metaphorical door with the whole courtship rituals thing. The symbolic woman should know that the guy isn't just buying her a drink to initiate a platonic relationship... I mean maybe he is, but it is stupid to assume that. The woman should have known where it was heading as soon as the words "Can I get you a drink?" were said.
Regret does not equal rape. Regretting giving consent still means that you gave consent. It might be mentally traumatizing after the fact, but it is not rape. The person doesn't have to be mentally hindered to regret something.
some people take an extreme view of how the man is always in the wrong. ...sometimes the man is... sometimes he's not. http://www.womenagainstmen.com/media/feminism-is-a-hate-group.html
and they both become slightly drunk and both choose to have sex,
Being intoxicated can void a contract, in this case sexual consent, if it was sufficient to impair mental capacity at the time. If they're "slightly drunk", they likely still understood the consequences of the agreement, and the consent stands. She would need to prove that she lacked comprehension at the time, which is very difficult to do.
My essay teacher last year stated in a paper of mine that regret = rape...as in if the woman regretted having sex the following day it be rape
I believe she meant that a woman could, theoretically, alter her versions of the events that transpired to fit the criteria for the man raping her, especially if consent was never expressly given (though any sane person observing would know it was consensual). It reminds me of a story my ROTC lnstructor told us, there was a female at a post-bootcamp training base who was.... Quite the hamster, to put it lightly, and after a weekend of sleeping around she went to her First Sergeant and said that one of the men raped her. Turns out that he managed to get on her bad side for whatever reason so she turned that encounter around to get back at him with a nice rape charge. However, that is military sexual harassment/assault definitions, which if I'm not mistaken is very off-topic from the OP and is very different from civilian laws.
I can understand if she presented the argument that the woman's judgment was impaired, but then she would have to concede that the man's was as well. Which makes it all the more interesting how she only mentioned it being rape forof the woman
probably because a loose non consenting woman is still a non consenting woman and it really doesn't do much of anything for him in that setting (wasn't actually there, but that would seem to make sense to me)
