View Poll Results: Is non concentual sex always rape

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  • Yes, non concensual sex is always rape

    56 77.78%
  • No, non concensual sex is not always rape

    16 22.22%
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Thread: Non consentual sex is not rape

  1. #61
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    Re: Non consentual sex is not rape

    I suppose it depends a lot on how much regret, second thoughts, embarrassment, panic and dissatisfaction are involved in the definition of "non-consensual", and which parties are possessed of them.
    Quod scripsi, scripsi

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    Re: Non consentual sex is not rape

    Quote Originally Posted by Dragonfly View Post
    What if the guy is equally as drunk????????

    Rape is a super serious and life damaging charge to levy against a guy.

    Her objection to the sex only comes the following day. When she's once again sober.

    You still saying it's "rape". You want hard-core prison time for the guy simply because they both got drunk and she was too f-d up to remember if she consented or not?
    If she was that ****ed up, then she wasn't capable of consent and therefore she didn't consent. It is rape.
    If, at the time of sex taking place, she doesn't consent, or she is so intoxicated that she can't make an informed decision to consent, then that is rape.

    If she is a bit drunk but still compos mentis and consents at the time but then changes her mind in the morning, that is not rape.
    Remember: If she is so drunk that she is non compos mentis, she is not capable of consent, and therefore there is no 'change of mind' the following morning. That is rape.

  3. #63
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    Re: Non consentual sex is not rape

    Quote Originally Posted by Mr X View Post
    If she was that ****ed up, then she wasn't capable of consent and therefore she didn't consent. It is rape.
    If, at the time of sex taking place, she doesn't consent, or she is so intoxicated that she can't make an informed decision to consent, then that is rape.

    If she is a bit drunk but still compos mentis and consents at the time but then changes her mind in the morning, that is not rape.
    Remember: If she is so drunk that she is non compos mentis, she is not capable of consent, and therefore there is no 'change of mind' the following morning. That is rape.

    And if life was purely black and white things would be easy.

    Unfortunately in many cases life is not that simple.

    Which is probably why there are times when the sex can be labeled "non consensual" but charges of "rape" can't be levied.

    One can not go back in time and reasonably access how drunk two people were and who said what and when.

    I did a thread a while about about legal systems. Most would prefer that they live in a system that would let a guilty person go free as opposed to a system that would put innocent people in jail.

    I'm guessing the "non consensual" thing is centered around "beyond a reasonable doubt".

  4. #64
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    Re: Non consentual sex is not rape

    You can begin to see where these guys came up with the idea of "Unlawful Combatants"
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    Re: Non consentual sex is not rape

    Quote Originally Posted by Dragonfly View Post
    And if life was purely black and white things would be easy.

    Unfortunately in many cases life is not that simple.

    Which is probably why there are times when the sex can be labeled "non consensual" but charges of "rape" can't be levied.

    One can not go back in time and reasonably access how drunk two people were and who said what and when.

    I did a thread a while about about legal systems. Most would prefer that they live in a system that would let a guilty person go free as opposed to a system that would put innocent people in jail.

    I'm guessing the "non consensual" thing is centered around "beyond a reasonable doubt".
    the definition of rape is non-consensual sex; that is what it means.
    If you have sex with someone who doesn't, or can't consent, that is rape. Yes, there will be cases where it is difficult to establish the facts of what happened, in which case an acquittal will be likely. That doesn't mean a rape didn't happen.

    The idea that non-consensual sex and rape are somehow different is wrong.

  6. #66
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    Re: Non consentual sex is not rape

    Quote Originally Posted by sawyerloggingon View Post
    So according to Yale university non consensual sex is not always rape. I guess I'm old fashioned but I kinda thought non consensual sex was the definition of rape.

    Yale University has found six students guilty of 'non-consensual sex' in the past six months and not one of them has been expelled from the prestigious Ivy League college, according to an official report.
    Four of the perpetrators were given written reprimands after the victims reported the sexual assaults to staff, one student received probation and another was suspended for two semesters but will be free to return next year to graduate - with an Ivy League diploma.

    Yale, which is based in New Haven, Connecticut, said it responded to a total of eight reports of sexual assault in the first half of 2013. The other two students were found not guilty of rape allegations, the school said.


    Read more: Yale's sexual misconduct report does not mention rape instead referring to it as 'non-consensual sex' - a crime they punish with just a written reprimand | Mail Online
    you have to wonder. It probably comes under a student discipline policy, although the penalty seems pretty light considering that there is an allegation of an assault. I am assuming that the fact that the students have been dealt with under the University's policy doesn't preclude criminal charges being laid, and perhaps the likelihood that the penalties may be severe has been factored into the penalty. if the perpetrators are law students it also may have far reaching consequences.

    even so, the issues raised in the article are important - but unfortunately it certainly isn't unique to that campus.
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  7. #67
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    Re: Non consentual sex is not rape

    Quote Originally Posted by earthworm View Post
    NO
    Things are far more complicated than that.
    We are dealing with humans, not machines
    Emotions matter, even rule the day.
    We just have to figure out a better way of judging situations..
    And, as is well known, or should be, rape is NOT just plain sex, its violence..
    IMO, a big difference.
    How does a man get a woman to have sex without her consent if violence or threat of violence is not used?

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    Re: Non consentual sex is not rape

    Quote Originally Posted by Dragonfly View Post
    Come on....this has been brought up numerous times.

    College kids get drunk, do drugs, and sometimes do really dumb things. Both males and females often get caught up in some major binge drinking/partying.

    I've known many people in college days who'd consistently get so wasted they'd not be able to remember large chunks of the night when questioned about their behavior the next day.

    If both the male and the female are trashed and end up in bed together, but the next day the girl says she did not consent to sex, can you - beyond a reasonable doubt - convict the guy of rape??????

    Are you seriously going to say that in 100% of all cases where alcohol and/or drugs have played a major role in the night's events, that any time a girl says she was raped, that a "rape" was actually committed?

    You're going to sit there and say that college girls NEVER lie? Not ever?
    Just out of curiosity what would you call it if A man passed out drunk and another man had anal intercourse with him? You might want to think about that.

  9. #69
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    Re: Non consentual sex is not rape

    Quote Originally Posted by sawyerloggingon View Post
    Just out of curiosity what would you call it if A man passed out drunk and another man had anal intercourse with him? You might want to think about that.
    Naw, apparently, if you're drunk and passed out, you're giving implied consent.

  10. #70
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    Re: Non consentual sex is not rape

    Quote Originally Posted by X Factor View Post
    Naw, apparently, if you're drunk and passed out, you're giving implied consent.
    Please quote the post where someone says that.

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