Rape and False Rape Allegations

thetrollking · 2010-10-18T15:54:20+00:00

There is no indication that this occurred against the will of the woman, but there is no indication of consent.

This is the thing: consent does not exist until given. It cannot be assumed from a vacuum, or (usually) by assent. Though, from a legal perspective, applying assent theory to sexual intercourse is at least an intriguing thought experiment.

The easy rule, and I believe it is easy, is that consent must be granted either by affirmative actions (the man consents by initiating sex), or through verbal statements. Essentially, unless it's 100% clear to an ordinary, reasonable, person that the woman is actively giving it up (excluding in a marriage, when the woman may have sex without really wanting it), don't have sex with her. Intoxication is a different, and somewhat confounding, issue.

It's a crappy double-standard, but it's what we've got. As a man, don't get drunk. If you do get drunk, don't have sex. If you do get drunk and have sex, don't have sex with a woman who's drunk.

As for if the genders were reversed, it would technically be rape. The issue is that men are assumed to always want sex, and women are assumed to never want sex. Consistency would require that we assume the more reluctant course for both sexes, so I'd want to apply the same standard to men (it's not consensual unless he affirmatively acts, or states, his desire).

Is sex through coercion rape?

Yes and no. The problem is that you're combining "rape by fraud" and "being charming" into the same schema and saying "because the latter is okay, the former can't be rape". That's not a proper assessment of the situation.

Some fraud, inducement, even conniving is fine. It's the cost of doing business, and it's the woman's job to remain vigilant. I promise you that if you're ever charged with rape for having lied about the size of your penis, or about the car you drive, or about your job, I'd be able to get you off (and I doubt charges would be brought). Rape by fraud (at least in Colorado) is restricted to fraud upon which a woman adversely relies, and which is related to what we've defined as a "good motive" for sex. If you pretend to be her boyfriend (remember Revenge of the Nerds), it's rape by fraud. If you pretend to be a millionaire, you're fine.

That said, I agree that the alleged perpetrators should not be identified in the press.

Title	Rape and False Rape Allegations
Author	TDOM
Upvotes	12
Comments	4
Date	October 18, 2010 3:03 PM UTC (15 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/dstn0/rape_and_false_rape_allegations/
Archive Link	https://theredarchive.com/r/MensRights/rape-and-false-rape-allegations.1046744 https://theredarchive.com/post/1046744

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