Just because she isn?t saying no doesn?t mean she is saying yes

Sep 13, 2009
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Rednog said:
The Almighty Aardvark said:
Rednog said:
The Almighty Aardvark said:
Psykoma said:
How about

'Never have sex with someone without their explicit consent'

Pretty damn simple.
Still, that part seems unnecessary. When me and my girlfriend first had sex we didn't need explicit consent, we knew we were both okay with it. It would really ruin the spontaneity if before anything happened we had to say "Are you SURE you want to do this?" "Yes, are YOU sure you want to do this?"
I'm not sure if there is some legal thing or what not, but I remember way back in college when they talked about rape they said that if the female didn't agree to each escalating action during intercourse it could still be considered rape because she didn't say yes to the next action. I don't know if it was true or they were bullshitting us, but the guy was like ok she says its ok to kiss, now she has to ok feeling her breasts, now she has to ok touching her vagina, now she has to ok penetration...etc.
Exactly, isn't it a lot easier for someone to just say when they're not comfortable? I don't want to go blaming the victim, but people should stick up for themselves to some extent, especially if doing so is as easy as saying one word.
We could just make sex easier for everyone and have both parties sign legal documents with a check list on what they do and do not want to do during the engagement and have a third party sign it and get it notarized.
That would save time and effort, plus you could keep a pair of them in your pocket right next to your condoms. However, finding the third party may be difficult to do on the go unless you're willing to check off the "Threesome" box
 

thebakedpotato

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Jun 18, 2012
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The Almighty Aardvark said:
thebakedpotato said:
You do have a point. Right now there's a bit of a double standard. But... alas... That is not going to be solved in our generation.

It isn't equal. Because currently, the genders aren't equal. Don't agree? What would you think of a man who wore a dress in public?
It is because we as a society continue to adhere to gender roles and currently are only starting to allow for deviation and blending from those "proper" roles that the double standard is applied. And you know what? That's fine. Humanity currently is undergoing rapid change and everything else is having to catch up. Including gender roles and sexual roles and society blah blah blah hippy bullshit.

Anyway... Yeah, there's a bit of a double standard. However until the reason why there is a double standard is fully addressed. It will continue to serve to protect folks.
White straight men don't really need much protecting. They're white. They're men. They're straight. They get all the doors opened pretty much for them. Them fucking up... Is kinda on them.
I kind of regret tying the gender issues to it, it was more like a smaller point on the side and it's not what I want to get the most attention.

Isn't it someone's responsibility to look out for their interests? Why is the guy expected to look out for her interests when she won't even go as far for herself as saying no?
That is the part that is bothering me the most. For that, forget about which gender was referenced for which side. What I don't understand is why the burden of protecting the other person is put on the person initiating the sexual act, as well as why if it's considered as bad of an act of rape, why the victim won't even say no? It's just treating the victim as helpless when they're fully capable of saying they don't want to.
You asked a question. The answer was the fact that there's still inequality between the sexes.
Gender issues is paramount to why there is a double standard.
 

RvLeshrac

This is a Forum Title.
Oct 2, 2008
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The Almighty Aardvark said:
Okay, I know that there's a plethora of rape threads out right now, but this is one thing that bugs me.

This [http://www.theglobeandmail.com/news/british-columbia/dont-be-that-guy-ad-campaign-cuts-vancouver-sex-assaults-by-10-per-cent-in-2011/article2310422/] article was posted in the Jimquisition thread, and it reminded me of this.

Why is it seen as being just as bad as rape if someone has sex and doesn't want to? First off, in this case I'm assuming that there the guy isn't threatening the girl with anything, and that the guy isn't aware that she doesn't want to. Isn't it someone's responsibility to look out for their interests? Why is the guy expected to look out for her interests when she won't even go as far for herself as saying no? Furthermore, why is the responsibility wholly put on the guy's end? Apparently if the guy doesn't want to have sex he's expected to voice the fact or just expected to take it?

I'm sorry if any of this sounds offensive, or insensitive, and I'm not trying to blame the victim. However you should at least have the responsibility to let someone know that they are making you a victim. People can't always be expected to understand what's going through your head, if you don't want to do something to the extent that you'd feel tortured by it, then why don't you say something?!

If I'm looking at the wrong situations or reading anything wrong and the situation I described doesn't apply, please let me know. If you think I'm wrong on anything please don't just call me a mysoginist or accuse me of condoning rape, actually explain where you think I'm wrong and why I am for thinking that.

I can't wait for http://www.youtube.com/watch?v=UH3mQmbC41g
 

Elamdri

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Nov 19, 2009
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SmashLovesTitanQuest said:
*Sigh*

Can we please stop talking about rape. Please. Just for one day.

This is what The Escapist would look like without gender issue threads.

Lol, that's quaint. Because all of the threads are so engaging. At least this is something mildly interesting for once.
 

Doclector

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Aug 22, 2009
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I would've thought that it'd be fairly obvious if a girl doesn't want to do it, but for some reason isn't actively saying "no". Beyond her being asleep, but for most people, that's also a wee bit obvious.

I mean, it's like those adverts in the UK recently. "Sex if she doesn't want to is rape". Y'don't say? Well, I'll just let these five strippers out of my basement then!

But alas. As usual, before the first page is done, there will be much fighting. Rage cannons will fire, and logic will fall. Just another day in the great gender wars.

The year is 2012, and on the escapist forums, there are only heated arguments about gender issues.
 

DeadlyYellow

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Jun 18, 2008
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thebakedpotato said:
It isn't equal. Because currently, the genders aren't equal. Don't agree? What would you think of a man who wore a dress in public?
It's a short lived novelty hardly worth a second glance, like a mustachioed woman.
 

Mylinkay Asdara

Waiting watcher
Nov 28, 2010
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The poster the article is about depicts a woman who isn't awake laying on a couch next to a number of bottles of booze. She isn't saying anything.

The Almighty Aardvark said:
I'm sorry if any of this sounds offensive, or insensitive, and I'm not trying to blame the victim. However you should at least have the responsibility to let someone know that they are making you a victim. People can't always be expected to understand what's going through your head, if you don't want to do something to the extent that you'd feel tortured by it, then why don't you say something?!

If I'm looking at the wrong situations or reading anything wrong and the situation I described doesn't apply, please let me know. If you think I'm wrong on anything please don't just call me a mysoginist or accuse me of condoning rape, actually explain where you think I'm wrong and why I am for thinking that.
People (not just women) have a hard time sticking up for themselves when they are not conscious. A spontaneous sleep-talk "no" isn't likely forthcoming but it isn't okay to have sex with people who aren't going to be aware you're having sex with them. Period. That's just a no. Right out. Stop. Seriously, it shouldn't need this much explanation. Person asleep = can't be saying yes to sex at that moment. Easy. Done.

Okay, now that I've covered that bit... what was your question again? Why is it the person who is awake's responsibility to figure out if/when sex is appropriate? Because they are the one who is awake. Glad we could clear that up.

As for getting drunk and stupidly passing out around people you don't know well enough to know for a fact that they are going to be people who don't have sex with you while you are passed out on the couch... that's poor judgement right there. Doesn't mean it should encounter the harsh consequence of a rape, but it's damn poor judgement. Hell, if I'm around people I find even unfamiliar (and therefore potentially questionable in the judgement department) and I neglect my drink for a time - I need a new drink, because someone might have thought "gee, if I give her these pills and she doesn't say no then I get sexy time today!" which is my responsibility to watch out for, sure, but it's a creep thing that shouldn't exist for me to have to be on the watch for.
 

RvLeshrac

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Oct 2, 2008
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Psykoma said:
How about

'Never have sex with someone without their explicit consent'

Pretty damn simple.
It isn't 'simple.' The law under which Assange is being tried covers actions during intercourse to which the receiver did not *expressly* agree. It also allows the receiver to change their mind at a later time.

The problem is that, once a rape charge makes it to court, it is socially unacceptable to defend the accused. If you do, you're accused of "supporting" rape or "marginalizing" the claims of women who were actually raped when, in reality, failing to defend someone in the face of circumstantial evidence is exactly what legal systems are supposed to prevent.

Imagine if every person defending someone accused of a murder was accused of "supporting murder."
 

Strain42

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Mar 2, 2009
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SmashLovesTitanQuest said:
*Sigh*

Can we please stop talking about rape. Please. Just for one day.

This is what The Escapist would look like without gender issue threads.

I agree with this sentiment. It seems like there have really been a lot of rape related threads lately...it's getting kind of depressing.
 

Friendly Lich

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Feb 15, 2012
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I for one, agree with what you are saying OP. But like others have said if the person cannot actually give consent because they are passed out then its rape obviously.
 

bloodymack18

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May 27, 2010
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Actually I don't think it's as much of the inequality thing as... well honestly I'm not sure how to describe it. Part of it is surprise, just disbelieving shock that suddenly your in over your head and your drowning. Part of it is that introverts are usually targeted because we don't speak up, we endure in silence or are afraid of the outcome if we do say something. We hate having to argue and persuade people and sometimes if you do say "no" they'll just keep talking you down till its done.

Sometimes your guilted into it "wearing that? Don't tell me your gonna make me leave blue balled?"
Blaming the victim works very well, especially at making them think they aren't worthy of getting justice

I am a female who has never been raped but known several woman and one male who have been. And in my perfect world, everyone would tell everyone exactly what they wanted and no one would challenge it. That guy my friend from class picked up would have stopped trying to persuade her to continue even though she said no. The guy who practically forced the laced drink down my friends throat would have respected him when he said no the first time.

I don't want you to have to be responsible for what I want. I should be able to tell you yes or no, and that will either be the end of it or the start of something even better. But there are plenty of people out there who just... can't....

So the morale of this is, although you shouldn't have to it's important for both parties to make sure they understand the needs of the other. I don't mean the sounds they are making or the clothes they are wearing or the way they touch you. We have voices and no matter our gender we must learn to use it. A good idea to go away with is no matter what you think "ALWAYS ASK!" your other will appreciate it and can avoid any chance rape charges. It's kinda like a condom, even though you don't think you need one, wear one just incase :)

and you are not being offensive :) this is a genuine question that I have asked both myself and my friends before. I really appreciate you bringing it up and I hope this helps anyone reading.
 

RvLeshrac

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Oct 2, 2008
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Mylinkay Asdara said:
The poster the article is about depicts a woman who isn't awake laying on a couch next to a number of bottles of booze. She isn't saying anything.

The Almighty Aardvark said:
I'm sorry if any of this sounds offensive, or insensitive, and I'm not trying to blame the victim. However you should at least have the responsibility to let someone know that they are making you a victim. People can't always be expected to understand what's going through your head, if you don't want to do something to the extent that you'd feel tortured by it, then why don't you say something?!

If I'm looking at the wrong situations or reading anything wrong and the situation I described doesn't apply, please let me know. If you think I'm wrong on anything please don't just call me a mysoginist or accuse me of condoning rape, actually explain where you think I'm wrong and why I am for thinking that.
People (not just women) have a hard time sticking up for themselves when they are not conscious. A spontaneous sleep-talk "no" isn't likely forthcoming but it isn't okay to have sex with people who aren't going to be aware you're having sex with them. Period. That's just a no. Right out. Stop. Seriously, it shouldn't need this much explanation. Person asleep = can't be saying yes to sex at that moment. Easy. Done.

Okay, now that I've covered that bit... what was your question again? Why is it the person who is awake's responsibility to figure out if/when sex is appropriate? Because they are the one who is awake. Glad we could clear that up.

As for getting drunk and stupidly passing out around people you don't know well enough to know for a fact that they are going to be people who don't have sex with you while you are passed out on the couch... that's poor judgement right there. Doesn't mean it should encounter the harsh consequence of a rape, but it's damn poor judgement. Hell, if I'm around people I find even unfamiliar (and therefore potentially questionable in the judgement department) and I neglect my drink for a time - I need a new drink, because someone might have thought "gee, if I give her these pills and she doesn't say no then I get sexy time today!" which is my responsibility to watch out for, sure, but it's a creep thing that shouldn't exist for me to have to be on the watch for.
Oh, and can we stop bringing nonsensical bullshit into these discussions?

No one with an IQ better than that of a radish is going to honestly defend screwing someone who is *UNCONSCIOUS*; the problem is that there are issues of consent that go FAR beyond that. There are *existing laws*, as I detailed, that go far beyond that. Imagine a world where everyone is actually *AFRAID* to have sex with someone because they might later decide they were raped even after having said 'Yes.' That's a reality in some places. Is it a tiny number of claims? Absolutely. But the same people who defend these kinds of laws by claiming that rape convictions should require a *LOWER* burden of proof are the ones who think we need a *HIGHER* burden of proof for other violent crimes.

The campaign is a good one, but some people want to take that message WAY too far, legally.
 

Insomniac55

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Dec 6, 2008
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I'd say it's a pretty simple affair...

If the other person is awake, not intoxicated or under the influence of any drugs, then it's their responsibility to say 'no' if they don't want to take things further. You can't be expected to ask 'is it OK if I...?' at every step along the way to sex. If their body language seems to be resistant, then stop... But they should still make it unambiguious and say something, as you are NOT a mind reader. Likewise, as soon as they ask you to stop, it's absolutely your responsibility to stop immediately.

If the other person is very intoxicated or incapacitated, somehow... Then obviously a lack of 'no' does not mean 'yes', as they are incapable of making that choice. To try anything with them is simply wrong, and would be considered rape.

If they're very drunk but still actively seeking sex... Then I think it comes down to your previous relationship with them. While this situation would never be considered rape, I think it is still taking advantage of someone if they're drunk and want sex because of it, and you're sober. If the other person is someone who you're already having sex with, then of course I'd say that this is OK as the other person isn't 'making a mistake'... they would have done the same thing sober.

Anyway, it's my $0.02
 

The Pinray

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Jul 21, 2011
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Is it Rape Week on The Escapist or something?

I mean, is it? Should I have brought snacks? I never got any memos about it...
 

Solo-Wing

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Dec 15, 2010
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SmashLovesTitanQuest said:
*Sigh*

Can we please stop talking about rape. Please. Just for one day.

This is what The Escapist would look like without gender issue threads.



[sexist joke] I hate how girls always ***** how they get paid less. And I hate how they always expect us men to pay for their stuff during dates. Equal rights or free shit. ONE OR THE OTHER GIRLS. Also while I am at it I hate how during dinner they don't order anything saying they are not hungry yet they go and steal food off your plate. I ordered this food for myself! You should have ordered when the waiter was here! ***** *****! ANGER![/joke]

Seriously this stuff has been discussed WAY to much as of late and it actually starting to piss me off.

Also Rape is bad. M'kay? Let's just leave it at that. M'kay? M'kay.
 

WanderingFool

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Apr 9, 2009
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Okay... what the hell? Did I miss something? Why is there suddenly a bunch of threads, articles and such about rape all of a sudden?

Anyways, as for the topic, if the girl is aware and able to talk, than she should have the responsoblity to say no. If she is drunk and passed out, its your job to keep your dick in your pants.
 

scorptatious

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May 14, 2009
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Very true. I asked this one girl out to my senor ball, and she didn't necessarily say yes. She told me she had to ask her...

Oh, we're talking about rape? Uh...

I'm not touching that with a 39 and a half foot pole...