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View Diary: Men Who Commit Rape Have the Deck Stacked in Their Favor (213 comments)

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  •  I don't find that figure implausible (1+ / 0-)
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    Involuntary Exile

    It's a lifetime risk.  Rape is presumably more common than murder, in which your lifetime risk is something on the order of 1 in 200.  So that's a gap of two orders of magnitude: does anyone here really think that rape incidence couldn't be hundred times more prevalent than homicide?

    That said, the law does define a whole host of sexual offenses, and rape is by and large defined as penetration without freely given consent.  Under that standard, "reluctant" sex certainly does count, insofar as consent is acquired through coercion.

    •  Re (1+ / 0-)
      Recommended by:
      jqb
      That said, the law does define a whole host of sexual offenses, and rape is by and large defined as penetration without freely given consent.  Under that standard, "reluctant" sex certainly does count, insofar as consent is acquired through coercion.
      What the hell is "coercion" and how do you define it?

      Violence or threats of violence are one thing.

      But you don't mean violence, you mean... convincing someone?

      Or, coercion might be something like "I'll leave you if we don't have more sex".

      All perfectly legal. Coercion is always a physical thing. It simply isn't rape to say words to someone until they agree to have sex. Both parties say "yes" to the question "do you want to have sex" there is no crime.

      And your standard as you presented it above would throw half the population in jail.

      (-5.50,-6.67): Left Libertarian
      Leadership doesn't mean taking a straw poll and then just throwing up your hands. -Jyrinx

      by Sparhawk on Fri Jan 24, 2014 at 10:12:38 AM PST

      [ Parent ]

      •  I don't know about hard bargaining (2+ / 0-)
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        Involuntary Exile, Sparhawk

        I know at least of one case in which a perpetrator was charged with sexual battery (which, admittedly, is not the same charge as rape) for extorting sex.

        •  Thanks for the link (1+ / 0-)
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          jqb

          Interesting to be sure.

          I would argue that this is a weird corner case, something maybe more than "hard bargaining" but less than threatened violence, so it may have been charged appropriately. Be interested to know how it was argued legally.

          (-5.50,-6.67): Left Libertarian
          Leadership doesn't mean taking a straw poll and then just throwing up your hands. -Jyrinx

          by Sparhawk on Fri Jan 24, 2014 at 11:01:47 AM PST

          [ Parent ]

          •  I don't know (2+ / 0-)
            Recommended by:
            jqb, Cassandra Waites

            This is not my area of expertise.  All I have are two points.  The trivial one: there's a range of sexual offenses.  The deeper, yet unsubstantiated, one: rape culture is partially perpetuated by society simultaneous expressing exaggerated outrage over these crimes while denying their frequent occurrence.

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