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Ridicule as police say kissing under the mistletoe without consent is 'rape'

rbrockway

December 5, 2017
150 upvotes
/r/MensRights
http://www.telegraph.co.uk/news/2017/12/03/ridicule-police-say-kissing-mistletoe-without-consent-rape
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Title Ridicule as police say kissing under the mistletoe without consent is 'rape'
Author

rbrockway

Upvotes 150
Comments 49
Date December 5, 2017 11:40 AM UTC
(8 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/7hp503/ridicule_as_police_say_kissing_under_the/
Archive Link https://theredarchive.com/r/MensRights/ridicule-as-police-say-kissing-under-the-mistletoe.1173802
https://theredarchive.com/post/1173802
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Comments

[–]Daddie032 points 8 years ago [recovered] (7 children) | Copy Link

Soon eye contact will be considered rape.

[–][deleted] 20 points21 points22 points 8 years ago (1 child) | Copy Link

Rape?? maybe not.

But being a tall guy working around short women.... just try to defend yourself when you get accused of staring at there boobs. I was very, very lucky they took that complaint to my buddy and not my boss or HR.

[–]BlindGardener 4 points5 points6 points 8 years ago (0 children) | Copy Link

As a tall person, my advice is to look at a point about 2 inches over the eyes of short people, smack in the middle of their forehead. If the height difference is particularly extreme, go 2 inches over the head. It's close enough to eye contact that most of them won't notice, and it won't look like you're looking at their breasts.

[–]Lethn 3 points4 points5 points 8 years ago (0 children) | Copy Link

Guarantee you they'll just call that 'misogyny'.

[–]Jeff4116 4 points5 points6 points 8 years ago (0 children) | Copy Link

Soon eye contact will be considered rape.

It's already happening: Goshen College declares all male students who stare at women are rapists

[–]BlockNotDo 2 points3 points4 points 8 years ago (0 children) | Copy Link

Soon?

[–]M60P 1 point2 points3 points 8 years ago (0 children) | Copy Link

Will be considered sexual harassment and grounds for firing. Seems like we are already very close to it.

[–][deleted] 10 points11 points12 points 8 years ago (0 children) | Copy Link

My sister's friend works for PSNI I believe, maybe ask her what drugs they've been taking lol.

[–]pickleman_22 43 points44 points45 points 8 years ago (29 children) | Copy Link

If you see somebody under mistletoe and kiss them without knowing they’re ok with it, that’s at the very least assault. I get the history and point of mistletoe, but I think this is pretty simple to understand.

[–]v574v 22 points23 points24 points 8 years ago (5 children) | Copy Link

From the article:

While the offence of sexual assault involves intentionally sexually touching another without consent and without reasonably believing the other consents, rape must involve penetration with a penis.

[–][deleted] 19 points20 points21 points 8 years ago (0 children) | Copy Link

So, if they'd tweeted "sexual assault" instead of "rape," they'd be 100% correct, and could tweet back to the public, "Yes, it is! They're your shitty laws, we just have to enforce them!"

[–]5th_Law_of_Robotics 23 points24 points25 points 8 years ago (3 children) | Copy Link

So legally men can't be raped by women.

Which would explain the lack of cases of women raping men. The same stat used to justify not including forced envelopment.

Sigh.

[–]GranaT0 1 point2 points3 points 8 years ago (2 children) | Copy Link

I don't think so, being raped by a woman still requires her to be penetrated, no? I'd say it actually doesn't include female on female rape if anything.

[–]BlindGardener 0 points1 point2 points 8 years ago (1 child) | Copy Link

If a woman penetrates her female victim with (say) a dildo, or a hand, it is rape.

But remember! Rape laws depend on your state! If you're ever in a situation where you feel raped or sexually assaulted, look up your local rape laws!

Or even well before hand too, and periodically, just in case.

[–]GranaT0 0 points1 point2 points 8 years ago (0 children) | Copy Link

The article says

rape must involve penetration with a penis.

This is about UK, not US.

[–]Dembara 2 points3 points4 points 8 years ago (3 children) | Copy Link

I kiss on the cheek, I would say isn't really. Just randomly kissing someone on the lips, I would call assault.

[–]AcidJiles 4 points5 points6 points 8 years ago (1 child) | Copy Link

There are cultures where a kiss on the lips (a peck) is a way of saying hello to say a close relative, are we saying every time that is a little bit unwanted that is sexual assault?

Everyone will agree a full on prolonged kiss with attempted tongue and a negative response by the kissee is sexual assault but saying every unwanted peck on the lips is sexual assault is too far.

[–]Dembara 0 points1 point2 points 8 years ago (0 children) | Copy Link

Not every time, of course.

[–]Ted8367 0 points1 point2 points 8 years ago (0 children) | Copy Link

I kiss on the cheek, I would say isn't really.

Today. Tomorrow, though...

[–]AcidJiles 7 points8 points9 points 8 years ago* (8 children) | Copy Link

knowing they’re ok with it

Do you expect full verbal consent for every minor action with every sexual partner or even non sexual partner (eg a gran kissing you or a friend giving you a peck on the cheek)?

Context is key, if someone is on their own under the mistletoe and someone just walks up and kisses them fully without any communication etc sure sexual assault but two nervous people under the mistletoe engaged in a low level of conversation and there seems to be a moment and one or the other kisses the other one are we really making this sort of interaction sexual assault if one has misunderstood the sign from the other? I mean if they continue after being rejected sure but sexual actions can be unwanted but not sexual assault.

I grab the breast of my date in public without permission, sexual assault, I touch it while we are snogging as that seems to be the next unspoken step and she moves my hand away, no problem. If I then continue without more explicit permission at that stage then yes it would be sexual assault. Many human sexual interactions are done through feelings of the moment without explicit consent beyond the bodies reaction, to cheapen that natural human interaction to sexual assault by needing everything to signed in triplicate at every stage of an encounter is frankly horrible. Especially when there is no bad intent which is a requirement of a crime.

[–]InBaggingArea 2 points3 points4 points 8 years ago (2 children) | Copy Link

OUTRAGE AT GRAN IN KISS ASSAULT DRAMA.

[–]AcidJiles 3 points4 points5 points 8 years ago* (1 child) | Copy Link

There will be Grans kissing (peck kisses) little boys under Mistletoe completely innocently this Christmas, are we really saying they are all committing sexual assault rather than just a bit of family fun.

[–]InBaggingArea 1 point2 points3 points 8 years ago (0 children) | Copy Link

In a surprise development, gran of 10, Stephie Greenweather, revealed a consent form signed by the troublesome teen before the "inappropriate incident" occurred, allegedly.

Read more...

[–][deleted] 1 point2 points3 points 8 years ago (0 children) | Copy Link

It's not just context, it's also common sense.

Like, if someone leans in to kiss me, and I don't want to, I can simply lean away and refuse the kiss. I'm not a baby. I have agency. I can take a step back and say: "Sorry, I don't like kissing under mistletoe." No harm done. No need to call the cops.

[–]PapaLoMein -1 points0 points1 point 8 years ago (3 children) | Copy Link

Yes, you should get consent for every potentially sexual interaction no matter how small. At least based on our current standards of consent.

[–]Johndoe2099 2 points3 points4 points 8 years ago (2 children) | Copy Link

Ridiculous. Allowing the lawyers, politicians and feminists to micromanage our most personal and private of human interactions is utterly pathetic. Did we really escape from the tyranny of Christian puritanism for just a handful of decades before we could give up our rights to the modern secular puritans?

[–]PapaLoMein 0 points1 point2 points 8 years ago (1 child) | Copy Link

Then how much nonconsensual sexual interaction should be allowed?

[–]Johndoe2099 0 points1 point2 points 8 years ago (0 children) | Copy Link

"No means no" seems like a perfectly sensible baseline for a civilized society to respect and enforce. Men AND women should be expected to act like adults and take responsibility for making their boundaries clear. If that's too hard for women then let's stop pretending there can ever be equality between the sexes. Bring back chaperones, curfews and no sex without a contract. Society before the sexual revolution was structured to protect women from predatory men. That protection went hand-in-hand with the curtailment of women and men's personal freedom. When feminists demanded society allow women greater sexual freedom, society said 'no, it's too dangerous', feminists said 'we'll risk it'. So women got greater agency. But men were still expected to make the first move in the vast majority of sexual relationships. That's how we ended up in this mess.

[–][deleted] 2 points3 points4 points 8 years ago* (6 children) | Copy Link

It's really not quite that simple, though, is it?

How many unwanted kisses end up in a complaint being filed with the police, out of all of them that occur, do you think? Just in my life alone I've been kissed by total random strangers about five times, and I've been kissed by girls making moves on me that I wasn't interested in probably double that amount. I didn't file charges on a single woman.

And vice versa. I think back and there were definitely girls whose body language said that they were possibly going along for the ride, but weren't really interested. Could that be interpreted, post hoc, as lack of consent?

When the overwhelming majority of these events go without charges, and are handled socially, then we should really be looking at that definition and narrowing it down to fit public activity more firmly.

[–]AcidJiles 1 point2 points3 points 8 years ago (5 children) | Copy Link

Most aren't sexual assault. A crime requires malice. Unwanted sexual actions are not always sexual assault. A misunderstood or slightly forward kiss as long as it doesn't continue when it is clear it is unwanted is most of the time not sexual assault and it should not be treated as such.

[–][deleted] 0 points1 point2 points 8 years ago (4 children) | Copy Link

A crime requires malice.

Yep, mens rea. It's so sad that more and more courts are choosing to ignore such an important legal principle.

[–]WikiTextBot 0 points1 point2 points 8 years ago (0 children) | Copy Link

Mens rea

Mens rea (; Law Latin for "guilty mind") is the mental element of 1) intention to commit a crime or 2) knowledge that one's action or lack of action would cause a crime to be committed. It is a necessary element of many crimes.

The standard common law test of criminal liability is expressed in the Latin phrase actus reus non facit reum nisi mens sit rea, i.e. "the act is not culpable unless the mind is guilty".


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[–]mwobuddy 0 points1 point2 points 8 years ago (2 children) | Copy Link

Mens rea isnt about malice. I could murder someone witohut malice and get manslaughter.

[–][deleted] 0 points1 point2 points 8 years ago (1 child) | Copy Link

You probably meant "kill", not "murder", since murder is defined as the intentional wrongful killing of a person. But you're right, an involuntary manslaughter would be an unlawful act that resulted in the death of a person without mens rea. This is usually because of negligence.

But that's the point. You can't rape someone out of negligence, just like you can't murder someone out of negligence. The very definitions of the terms include the criminal intent.

[–]mwobuddy 0 points1 point2 points 8 years ago (0 children) | Copy Link

You can't rape someone out of negligence

Oh really? Brock turner.

[–]BlockNotDo 0 points1 point2 points 8 years ago (0 children) | Copy Link

I just had a wild fucking idea!

What if (now I'm just saying "if" here and spitballing ideas), but what if, instead of getting outraged and crying rape assault when someone randomly kisses you under the mistletoe, you just get the fuck over it instead? Just because the opportunity to call yourself a "victim" presents itself to you, doesn't mean you've got to go all in on that shit. You can always choose to get the fuck over it instead.

[–][deleted] 0 points1 point2 points 8 years ago (0 children) | Copy Link

It's also easy to understand that the article refers to rape

[–]78stickup -1 points0 points1 point 8 years ago (0 children) | Copy Link

lol you're like an old woman. Lighten up little douche.

[–]SirZacharias 3 points4 points5 points 8 years ago (0 children) | Copy Link

I would definitely call it sexual assault, but not rape.

[–]Chickenthang47 1 point2 points3 points 8 years ago (0 children) | Copy Link

Organizations that instill this nonsensical fear into the minds of the younger generation is a disgrace to humanity.

[–]GreatBayTemple 1 point2 points3 points 8 years ago (0 children) | Copy Link

Assault maybe....

[–]v574v 0 points1 point2 points 8 years ago (0 children) | Copy Link

They've deleted the tweet.

[–]mwobuddy 0 points1 point2 points 8 years ago (0 children) | Copy Link

At the very least, kissing someone without any sort of consent or prior relationship is basically sexual assault.

[–]andejoh 0 points1 point2 points 8 years ago (0 children) | Copy Link

They must have been referring to that old joke about the guy with a mistletoe belt buckle.

[–][deleted] 0 points1 point2 points 8 years ago (0 children) | Copy Link

Not rape, but obviously assault.

[+]AGuesthouseInBangkok -1 points0 points1 point 8 years ago (2 children) | Copy Link

A kiss is definitely not sexual assualt.

I can't believe how many of you guys are saying that it is.

This is "Men's Rights." Grow a pair.

Even it a gay guy does it to you, you push him away if you don't like it, tell him it's not cool, and move on with your life.

[–]MotherFuckin-Oedipus 5 points6 points7 points 8 years ago (0 children) | Copy Link

Legally speaking, yes, it can be.

If I raise my fist to strike you, it's still assault, regardless of whether or not I hit you.

Just because something is assault doesn't mean you need to prosecute for it. We all break laws on a daily basis, but it's important to have the legal definition and precedent there when it is a big deal.

[–]BlindGardener 1 point2 points3 points 8 years ago (0 children) | Copy Link

This is "Men's Rights." 'Grow a pair' is very similar to the woman's "get back in the kitchen".

It is our right to be treated like people, not like unfeeling planks of wood that exist only to sacrifice.

[–]BlindGardener -1 points0 points1 point 8 years ago (0 children) | Copy Link

Well, kissing under the mistletoe without consent is certainly unpleasant.

I wouldn't want to be kissed if I hadn't agreed to it.

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