http://emanix.livejournal.com/ ([identity profile] emanix.livejournal.com) wrote in [personal profile] emanix 2010-11-11 05:40 pm (UTC)

Michael,

Okay, as [livejournal.com profile] meihua noted, that was an impressive way to miss the point. You might not have heard the term 'mansplaining' before though, so I'm going to expand a little.

Men's right to a fair trial? Yes, absolutely. However I'm talking about a victim's right to withdraw or abandon an allegation before it gets to court. In other words, a system that benefits those who are falsely accused, or in a situation where boundaries were fuzzy, just as much as it benefits victims who don't want to suffer through the court process, since this means such allegations can be withdrawn.

In other words, I suspect you haven't bothered reading what I was actually suggesting, but only responded to a few hasty assumptions you made based on my opening statements.

Further, if you think that 'what were you wearing?' is a relevant question in a rape trial then you are part of the problem. Rape is sex without consent, full stop. It doesn't matter if a woman is dressed as a victorian nun and hiding in her own home, or if she's walking into a crowded sports bar stark naked, if someone then interacts with her sexually without an explicit YES, this is assault. If she is penetrated without her explicit consent, this is rape.

There is no such thing as implied consent. Wearing a short skirt is not consent. 'Flirting' is not consent. Attending an orgy and having sex with every single other person present is not consent, for that matter. You may well be the one person there who this woman doesn't want to have sex with, and it's just as much her right to say no as the virgin in church. 'Not saying no' is not consent either - silence is just as likely to be an indication of terror as assent, if not more so. Only yes means yes.

Let's try replacing the question 'did you ask him to stop?' with 'did you ask him to start?'. If the answer is no, it's rape.

But this wasn't what my post was about. I was talking about how complaints of physical and sexual assault in the UK are taken out of the victims hands with no option to say 'I'm not pressing charges', leaving both accused and accuser powerless. You didn't address that point at all.

Post a comment in response:

This account has disabled anonymous posting.
If you don't have an account you can create one now.
HTML doesn't work in the subject.
More info about formatting