Radical feminists want to convict men and boys of rape even if there was actual consent

gnovos · 2011-03-23T23:01:15+00:00

Specifically, “express consent entails verbal or written assent that leaves no doubt as to the victim’s agreement to the sexual interaction. . . .”

Notice the word "victim" here. She doesn't realize it, but what she's just done is say that even if you have written consent, there is still a "victim". Read it. She's already pre-determined who is the victim and who is the abuser. I've seen this before, and it is just such an unhealthy way of thinking. If you enter into the arena assuming that someone is already a victim, confirmation bias alone will help cement the case for it in your mind and you'll never get to the truth. This is fine if this is how you want to live your life, but it's not a way to determine justice.

(Extra credit: if a plane crashes on the border between Mexico and America, where do you bury the survivors?)

BinaryShadow · 2011-03-24T11:32:32+00:00

Are radical feminists still wondering why marriage rates are dropping in the west?

Sarstan · 2011-03-23T20:01:05+00:00

1.) Hold a knife to victim's throat, asking for their John Hancock on sheet of paper stating consent.
2.) Proceed to perform coitus without any other form of consent, including the victim crying out to NOT have sex, etc.
3.) ????
4.) PROFIT!

No seriously, this is only one example of how this law can only make a bad situation worse. i.e. legalized rape.

gnovos · 2011-03-23T22:54:26+00:00

Getting Even, regardless of the real "right and wrong" of the situation, is the main goal in life for a whole lot of people in this world.

firex726 · 2011-03-23T19:30:11+00:00

Reminds me of that episode of Futurama, "How Hermes Requisitioned His Groove Back"; where Morgan had Fry sign some documents before engaging in sex.

BolshevikMuppet · 2011-03-25T08:47:38+00:00

contract law standard of consent

That's a difficult analogy, though. Insofar as any action which assents can create assent, yes. But, contractual assent cannot be revoked without a breach, and you're ignoring that contractual assent also has a lot of limitations that consent to sex doesn't (detrimental reliance is out the window, as is promissory estoppel, throw out anticipatory breach and specific performance too). I'd shudder to think if any of my one-night-stands could sue me for breach of implied covenant of good faith and fair dealing (or assert that an implied term in the parol contract was that I would please her) for failing to satisfy her.

Also, contract consent can only exist in statements (verbal or written) which "leaves no doubt as to the [party's] agreement". She's actually quoting pretty straight from the Restatement (Second) of Contracts there.

The latter point about withdrawal is not objectionable under the contract law theory of consent

You can't have it both ways. Contract law requires affirmative (usually written) consent (not just nods and caresses). You can't argue first that it shouldn't be like contracts (long lingering stares "prove" consent) but then like contracts (no withdrawal). Shit, man, where's the consideration?

there already exists a sure-fire way to insure that the male understands whether she consents: she can say "no."

So, what we're saying is that it would be too onerous on men to wait to start sticking it in until the woman says "yes"?

The proposed new law would force innocent men and boys to testify at trial, contrary to the Sixth Amendment's prohibition

No, it wouldn't. They would have to testify if their testimony were necessary to help clear their names, but that's doesn't "force" them (no sane court in the country would accept that defense against a law's constitutionality). I also think you mean the "fifth" amendment.

2011-03-24T00:47:24+00:00

ok, but men and women are both equally capable of failing that standard.

notacrackheadofficer · 2011-03-24T00:01:52+00:00

Can anyone say ''mail order bride''?

EmErIl__LaGaSsE · 2011-03-23T22:26:18+00:00

it already so easy for women to cry rape why she need to make it easier. crazy nazis. they want everything to be am easier for them without making it easier for men. even if it punish us men! i hate them so much.

NiceGuysSTFU · 2011-03-24T02:00:59+00:00

Really having a hard time believing you're a lawyer, dude.

Here is the full article if anyone is interested in reading it and not this guy's baggage-riddled interpretation of it: http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1013&context=jgspl&sei-redir=1#search=%22Revising+the+Contractual+Concept+of+Consent+&+Ensuring+an+Unbiased+Application+of+%C3%A2%C2%80%C2%98Reasonable+Doubt%C3%A2%C2%80%C2%99+When+the+Victim+is+Non-Traditional%22

Here is the very first sentence in the paper:

The above statements encapsulate two principal fears that rape cases often elicit: (1) that innocent defendants will be unjustly imprisoned as a result of false accusations by women, and (2) that a rape victim’s trauma will be trivialized.

Other choice quotes from RADICAL FEMINIST:

This Article will explore the relevant issues for two types of non-traditional rape cases; rape cases where the victim is a prostitute and multi-partner rape cases. (how the fuck Pierce editorializes that as drunken college regret I have no idea)

Scholars delving into the rape law area should particularly be conscious of this painful history and cognizant of the need to maintain a balance between providing a fair trial for the defendant and protecting the rights of the victim.

It has been reported that 80% of the 453 men executed for rape in the United States between 1930 and 1989 were African American. Black women are least likely to be believed in courts, but are among those more likely to be the victims of sexual assault.

The continuum-based idea of consent directly contradicts the idea that consent is finite in time and cannot be withdrawn once given. Instead, it considers that the withdrawal of consent can occur at any time during sexual interaction(s).

I know, right? Everyone knows that prostitutes can't be raped. What a bitch, wanting to protect the accused and the accuser...

Title	Radical feminists want to convict men and boys of rape even if there was actual consent
Author	PierceHarlan
Upvotes	35
Comments	58
Date	March 23, 2011 5:43 PM UTC (15 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/g9upi/radical_feminists_want_to_convict_men_and_boys_of/
Archive Link	https://theredarchive.com/r/MensRights/radical-feminists-want-to-convict-men-and-boys-of.1041806 https://theredarchive.com/post/1041806

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