Everything here was supposed to disappear. Banned subreddits, deleted communities, cancelled blogs — much of what is archived here survives nowhere else.
It stays free — no paywall, no account — for the next man who comes looking, the way it was free for you.
I pay for the servers, the storage and the bandwidth myself. If you want this record still standing in ten years, become one of the people who keeps it online.
Support the archive
[–]ausertoremember 17 points18 points19 points (89 children) | Copy Link
[–]AnotherDAM 20 points21 points22 points (45 children) | Copy Link
[+]MagicTampon1 points [recovered] (43 children) | Copy Link
It's not anyone's responsibility to "intuit" any intentions of an unconscious person.
A reasonable, sober person would have known she was unconscious, and would have known it was rape to finger her while unconscious.
Turner is held to that standard. The fact that he was drunk is not an excuse.
[–]kartu3 3 points4 points5 points (1 child) | Copy Link
[–]MagicTampon2 points [recovered] | Copy Link
[–]Kyle_Fischer 0 points1 point2 points (1 child) | Copy Link
[–]MagicTampon1 point [recovered] | Copy Link
[–]AnotherDAM -2 points-1 points0 points (38 children) | Copy Link
[+]MagicTampon1 points [recovered] (37 children) | Copy Link
Turner had both rape charges dismissed because, AS I ALREADY TOLD YOU SEVERAL TIMES, digital penetration cannot be considered rape in the state of California.
How many time do I have to say this?
[–]kartu3 3 points4 points5 points (29 children) | Copy Link
[–]dermac 2 points3 points4 points (24 children) | Copy Link
[–]kartu3 1 point2 points3 points (16 children) | Copy Link
[–]dermac 0 points1 point2 points (15 children) | Copy Link
[–]bufedad 1 point2 points3 points (12 children) | Copy Link
[–]dermac1 point [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[–]dermac1 point [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[–]dermac1 point [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[–]Burn-Account1 point [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[–]Burn-Account1 point [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[–]Burn-Account1 point [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[–]kartu3 1 point2 points3 points (1 child) | Copy Link
[–]dermac1 point [recovered] | Copy Link
[–]bufedad 1 point2 points3 points (6 children) | Copy Link
[–]dermac 1 point2 points3 points (5 children) | Copy Link
[–]bufedad 1 point2 points3 points (4 children) | Copy Link
[–]dermac1 point [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[–]dermac1 point [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[+]MagicTampon1 points [recovered] (3 children) | Copy Link
First of all, a black out is not a loss of consciousness. A black out is a loss of memory that occurs while the intoxicated person is still conscious.
If you are asking, is it a crime if she falls unconscious after he starts fingering her. Then the answer is yes. If a reasonable person would have known that she was unconscious / incapacitated and ceased where he did not, then legally it is considered a form of sexual battery.
As it should be. In fact, it may even be a form of sexual battery before she falls unconscious, even prior to that, as the standard includes incapacitation, which in most (all?) states includes severe intoxication short of unconsciousness. Where that line occurs between incapacitation and non-incapacitation is somewhat blurry and depends on the state.
Again, do not use the term "black out" as a substitute for unconsciousness. Black out is memory loss, not generally unconsciousness.
If a reasonable person would have noticed that the male had fallen unconscious, and the person persisted in performing oral sex beyond that point, then yes, that would be considered a form of sexual battery.
In practice, there is a lot of anti-male sexism in law enforcement, prosecutors, and from school administrators, so the analogous cases where males are abused are not always treated the same.
Rare moment of honesty from a elite university Dean of Students... "What if both the man and the woman are drunk?"... Response from Dean: "Assuming it is a male and female, it is the responsibility in the case of the male to gain consent before proceeding with sex."](http://archive.is/yMkTb)... which really shows shocking ignorance and sexism from this feminist Dean in a position of power.
So while you raise many legitimate concerns, in fact the Brock Turner case is not a case where any of those concerns apply -- except as it relates the the reaction of media and feminist groups to the sentencing applied.
As for the issue of "black out", again, the term refers to a loss of memory arising from intoxication. A person who is experiencing a "black out" may behave indistinguishably from a garden variety intoxicated individual. Importantly, "black out" is a medical/forensic term and not necessarily a term given direct legal credence in law. The term in law is "incapacitation." I would argue that a "black out" does not necessarily implicate incapacitation. For example, to demonstrate the principle, some black-outs may result from retrograde memory loss (loss of memory of events prior to severe intoxication). So someone could consent to sex while still able to form memories, then afterwards due to increasing intoxication, lose their memories for things that were consented to prior.
But of course the issue of determining incapacitation are not necessarily straightforward nor applied in an equitable fashion in males vs. females.
Your best bet is to stay the hell away from self-intoxicated people (who are disgusting anyways). Failing that, courts have to hammer it out, and hopefully there is a presumption of innocence and requirement of proof beyond a reasonable doubt. Which of course should apply in all circumstances.
The Brock Turner itself case was correctly decided - guilty of felony sexual assault.
The only residual controversy relates to sentencing, any why inexplicably, feminists believe that criminal justice reform and sentencing reform should apply to females only, which is extremely sexist in addition to being entirely wrong-headed.
As I stated already:
It's particularly hypocritical for feminists to complain about the judge though, given feminism's track record of egregious sexism in advocating for lighter sentencing of females:
https://archive.fo/vaWbo
http://www.dailymail.co.uk/news/article-1311004/Judges-ordered-mercy-women-criminals-deciding-sentences.html
Yet:
https://www.law.umich.edu/newsandinfo/features/Pages/starr_gender_disparities.aspx
Frankly, I think 6 months in jail is a reasonable sentence for a man who fingers a woman who has fallen unconscious during a drunken hookup.
There are a lot of female teachers who molest minor students and who get no jail time whatsoever (e.g. probation or suspended sentence).
But we all know that modern feminists are largely female chauvinist sows so...
Hope that helps.
[–]kartu3 1 point2 points3 points (0 children) | Copy Link
[–]kartu3 1 point2 points3 points (1 child) | Copy Link
[–]MagicTampon1 point [recovered] | Copy Link
[–]AnotherDAM 0 points1 point2 points (6 children) | Copy Link
[+]MagicTampon1 points [recovered] (5 children) | Copy Link
What, did you think I was female?
[–]AnotherDAM 0 points1 point2 points (4 children) | Copy Link
[+]MagicTampon1 points [recovered] (3 children) | Copy Link
LOL read my post history.
I just know sexual assault when I see it.
Look, there are plenty of cases you could pick from, where innocent men have been railroaded the our shithole matriarchal culture into a false prison sentence.
Brock Turner isn't one of those cases.
Choose more wisely.
[–]AnotherDAM 0 points1 point2 points (2 children) | Copy Link
[–]MagicTampon1 point [recovered] | Copy Link
[–]AnotherDAM1 point [recovered] | Copy Link
[–]WikiTextBot 0 points1 point2 points (0 children) | Copy Link
[–]Hirudin 2 points3 points4 points (0 children) | Copy Link
[–]SpikedGIraffe 2 points3 points4 points (0 children) | Copy Link
[–]Kyle_Fischer 1 point2 points3 points (0 children) | Copy Link
[–]lsakdjflkdjf 1 point2 points3 points (39 children) | Copy Link
[+]MagicTampon1 points [recovered] (27 children) | Copy Link
I have heard no evidence to suggest that was the case. How does an unconscious person engage in sexual activity with anyone?
Are you dumb?
[–]lsakdjflkdjf 1 point2 points3 points (26 children) | Copy Link
[+]MagicTampon1 points [recovered] (4 children) | Copy Link
She raped Brock according to no metrics.
FOR THE UMPTEENTH TIME THERE WAS NO SEXUAL INTERCOURSE SO THEREFORE NO RAPE ACCORDING TO CALIFORNIA LAW
It is so completely clear that you are a completely uninformed moron.
Move on.
[–]lsakdjflkdjf 1 point2 points3 points (3 children) | Copy Link
[+]MagicTampon1 points [recovered] (2 children) | Copy Link
I see no evidence of that.
[–]lsakdjflkdjf 2 points3 points4 points (1 child) | Copy Link
[–]MagicTampon1 point [recovered] | Copy Link
[+]MagicTampon1 points [recovered] (20 children) | Copy Link
What evidence is there proving that there was any sexual activity prior to her passing out that would be suitable for charging her for sexual assault?
There is no such evidence.
So shut up already.
[–]lsakdjflkdjf 3 points4 points5 points (19 children) | Copy Link
[+]MagicTampon1 points [recovered] (18 children) | Copy Link
Shut up already.
This isn't what you learned from your shithead teachers in sex ed class.
There is a specific legal definition for the term "incapacitated" and Turner didn't meet it.
And at any rate, it's irrelevant, because there are two witnesses who have testified that she was unconscious, as well as several officers who can state she was out cold when they arrived.
Reports are that she was even snoring.
So can you shut up already?
[–]bufedad 0 points1 point2 points (17 children) | Copy Link
[+]MagicTampon1 points [recovered] (16 children) | Copy Link
Possibly he was incapacitated then.
Not sure why that matters at all. There is no evidence that Brock Turner was sexually assaulted on that night.
Meanwhile, there are two witnesses who saw him fingering an unconscious woman on the ground.
I suppose, if there were any proof that she assaulted him prior to passing out, a decent and equitable prosecutor would have charged them both. But that wasn't the case.
So it's not relevant.
May be relevant in other cases, but not in this one.
[–]bufedad 0 points1 point2 points (15 children) | Copy Link
[–]MagicTampon0 points [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[–]MagicTampon1 point [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[–]MagicTampon0 points [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[–]MagicTampon1 point [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[–]MagicTampon1 point [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[–]MagicTampon1 point [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[–]MagicTampon0 points [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[–]kartu3 0 points1 point2 points (10 children) | Copy Link
[–]lsakdjflkdjf 1 point2 points3 points (0 children) | Copy Link
[–]bufedad 0 points1 point2 points (8 children) | Copy Link
[+]MagicTampon1 points [recovered] (7 children) | Copy Link
Disingenuous.
He was almost confused? Almost? That's your argument?
Why did you list "total mental confusion", which is a standard that doesn't even apply to the BAC you gave (0.171%), but rather to the description of the next level higher in the table you linked?
That's disingenuous.
From your table:
"Sloppy drunk" ≠ incapacitation.
Not that the BAC is all-informative either. There is much variability in response between individuals.
Not sure why that matters at all. There is no evidence that Brock Turner was sexually assaulted the night of his arrest.
Meanwhile, there are two witnesses who saw him fingering an unconscious woman on the ground.
I suppose, if there were any proof that she assaulted him prior to passing out, a decent and equitable prosecutor would have charged them both. But that wasn't the case.
So it's not relevant.
May be relevant in other cases, but not this one.
[–]bufedad 0 points1 point2 points (6 children) | Copy Link
[+]MagicTampon1 points [recovered] (5 children) | Copy Link
LOL "almost" in a state of total mental confusion. Based on a table on a website, with referencing the entry in the table not relevant to the BAC that was actually measured, but one above it.
... right....
[–]bufedad 0 points1 point2 points (4 children) | Copy Link
[+]MagicTampon1 points [recovered] (3 children) | Copy Link
In other words, the table you posted is not helpful for determining whether or not Turner was incapacitated. Despite your urgent attempts to "prove" what you no way of knowing.
I'm inclined to think, that if you are capable of finger-fucking an unconscious girl and then running away when you are caught, you are not incapacitated.
[–]bufedad 0 points1 point2 points (2 children) | Copy Link
[–]MagicTampon0 points [recovered] | Copy Link
[–]bufedad1 point [recovered] | Copy Link
[+]MagicTampon1 points [recovered] (20 children) | Copy Link
Well... not so much.
Well yes in the sense that they left a party. I don't think they knew each other prior to that night.
So far as I know, there was no allegation that they consented to sexual intercourse. Turner alleged that there was consent to some sexual activity short of sex after she fell behind the wooden shed. The woman claims she remembers nothing. There were no other witnesses to those moments.
Two Swedish grad students gave testimony that they saw Turner on top of a college girl who was unconscious. He was fingering her.
If you infer from those stories that Turner didn't notice that the girl went unconscious, and that's why he was convicted, that seems like a reasonable inference.
And in that case, it is a reasonable conviction, because if the woman was unconscious, a reasonable person would have known that she was unconscious, and Turner would therefore be accountable to have known that -- his being drunk is not an excuse.
It was a jury trial. So it wasn't up to the judge to convict or not convict on anything.
Yes, Turner was charged with rape and he wasn't convicted by the jury of rape. I think that's because digital penetration is considered felony sexual assault in California, not rape. He was also charged with attempted rape, but I assume that because it could not be proved beyond a reasonable doubt that Turner intended to have sexual intercourse with her.
So basically, Turner was convicted of felony sexual assault, which is appropriate and the correct decision.
Not sure why Turner was charged with rape in the first place (anyone know?)
No, MSM wasn't outraged because the judege didn't convict Turner of rape.
Not sure that correlates with anything I read from the MSM. I think the MSM reported that she was unconscious and two people witnessed her being unconscious while he was fingering her.
MSM was outraged because the judge gave a sentence that was on the light side (6 months in jail), and the judge said something along the lines that Turner seemed to be an otherwise a decent person who is unlikely to re-offend, justifying a 6 month sentence.
A agree though, that the response from the MSM was out of proportion. There are reasonable arguments to be made on either side, as to how he should have been sentences (shorter vs. longer).
It's particularly hypocritical for feminists to complain about the judge though, given their track record of egregious sexism in advocating for lighter sentencing of females:
https://archive.fo/vaWbo
http://www.dailymail.co.uk/news/article-1311004/Judges-ordered-mercy-women-criminals-deciding-sentences.html
Yet:
https://www.law.umich.edu/newsandinfo/features/Pages/starr_gender_disparities.aspx
Frankly, I think 6 months in jail is a reasonable sentence for a kid who fingers a girl who has fallen unconscious during a drunken hookup.
There are a lot of female teachers who molest minor students and who get no jail, only probation, for it.
But we all know that modern feminists are largely female chauvinist sows so...
[–]lsakdjflkdjf 5 points6 points7 points (19 children) | Copy Link
[–]SpikedGIraffe 1 point2 points3 points (0 children) | Copy Link
[+]MagicTampon1 points [recovered] (17 children) | Copy Link
He would have had to have been considered legally incapacitated for that to be the case. Not sure if there was enough evidence to support that he was incapacitated. Witnesses say he had enough wits about him to try to run away when he was confronted.
[–]lsakdjflkdjf 0 points1 point2 points (16 children) | Copy Link
[+]MagicTampon1 points [recovered] (15 children) | Copy Link
Drunk as hell ≠ incapacitated.
Absolutely it does matter. You can't get yourself wasted & naked, then rub yourself up against a sleeping or unconscious person, then claim you were rape.
Are you retarded?
Just go away. You're not helpful.
[–]lsakdjflkdjf 2 points3 points4 points (10 children) | Copy Link
[–]Onion_Guy 0 points1 point2 points (3 children) | Copy Link
[–]lsakdjflkdjf 0 points1 point2 points (0 children) | Copy Link
[–]SpikedGIraffe -1 points0 points1 point (1 child) | Copy Link
[–]Onion_Guy 1 point2 points3 points (0 children) | Copy Link
[–]Umthingsandstuff -1 points0 points1 point (5 children) | Copy Link
[–]lsakdjflkdjf 2 points3 points4 points (4 children) | Copy Link
[–]Umthingsandstuff -1 points0 points1 point (3 children) | Copy Link
[–]lsakdjflkdjf 1 point2 points3 points (2 children) | Copy Link
[–]Umthingsandstuff1 point [recovered] | Copy Link
[–]lsakdjflkdjf1 point [recovered] | Copy Link
[–]SpikedGIraffe 0 points1 point2 points (3 children) | Copy Link
[+]MagicTampon1 points [recovered] (2 children) | Copy Link
You're seriously suggesting she told him, "Please finger me after I've passed out unconscious?"
Because barring that, once someone falls unconscious, it doesn't matter whether or not there was consent before the onset of unconsciousness.
[–]SpikedGIraffe 0 points1 point2 points (1 child) | Copy Link
[–]MagicTampon1 point [recovered] | Copy Link
[–]galtthedestroyer 1 point2 points3 points (0 children) | Copy Link
[–]tdabc123 -1 points0 points1 point (4 children) | Copy Link
[–]MagicTampon6 points [recovered] | Copy Link
[–]Kyle_Fischer 0 points1 point2 points (2 children) | Copy Link
[+]tdabc1231 points [recovered] (1 child) | Copy Link
I think we can agree on most of that. While Emily Doe did not make good choices that night, she did not deserve what happened to her.
There is definitely a disturbing tendency now to confuse rape prevention with victim blaming. I tend to think of it like this:
If I were going on a safari in Africa, it would be a poor choice to bath in ox blood before setting out. To do so would seriously increase my chances of getting eaten by a lion.
When someone (man or woman) goes out for the night on the social scene, it is just like going on safari. Most of the time, you will be just fine and have a grand time. If you drink to excess, use controlled substances, wear revealing clothing, leave yourself in vunerable positions with strangers, or hookup with random people, you are bathing in ox blood and may get attacked by a lion.
And yes, just so there are no misunderstandings, a rapist is like a lion, a wild uncontrollable beast with to little care for anything but their needs. They are not men.
[–]Kyle_Fischer 0 points1 point2 points (0 children) | Copy Link
[–]Sasha_ 0 points1 point2 points (0 children) | Copy Link
[–]Kyle_Fischer 0 points1 point2 points (0 children) | Copy Link