"The girl was clearly awake when the act was performed, but we were not shown her reaction."

brokedown · 2015-11-06T11:50:54+00:00

In their example, if the guy was that drunk, he was unable to give consent, thus she was the rapist.

stimpy256 · 2015-11-06T12:35:41+00:00

I watched this program and honestly I thought it was very well done.

After the first section of the drama the group was asked if the girl had consented, and boy did that cause an argument. The main issue was if lack of active consent is the same as active non consent; as the article says she was clearly conscious and sober in the events leading up to the oral sex. She allowed him into her bed, she allowed him to kiss her and ultimately allowed him to put his penis in her mouth. Eventually the group leaned towards her not having consented.

The second section was in the courtroom with the defence questioning both of them, and the question they were asked to consider was if he believed he had consent. It turned out they'd had a relationship that she broke off shortly beforehand, but when she invited him to the party he read more into it than she meant. He was very drunk at the time (in the first section the reason he stayed after the party was that he'd passed out in the kitchen) and she did not at any point try to stop him, say "no" or call out to her friend was sleeping upstairs. The group has heavily split as to whether he could believe he had consent, with most voting that they were unsure.

The third section was the prosecution questioning the two, although not much new information came out. The final question was "Is this rape?", but before they voted they had a talk from both a man who was falsely accused of rape and a woman who had been raped. The man explained how the claim was so unsupported it didn't even get through court, with the judge throwing it out, and yet his life was ruined anyway with his business collapsing, strangers threatening him and even his bank accounts being closed. He even said he'd rather have been wrongly convicted of murder than wrongly accused of rape. The woman explained how hard it is to be raped, she had said no but had been forcibly held down and violated. She had been out for some drinks with a man then gone back to his place to watch a movie, and because of that she had great difficulty getting the police to believe her.

Before they voted they had a lawyer come talk to them who had both prosecuted and defended in rape cases who explained the three things the jury are told to consider in a rape case in the UK: did sexual contact occur, did the victim consent and could the attacker reasonably believe they had consent.

The final vote was that this was rape, but by a very slim margin.

I thought the program did a great job of looking at the issues behind consent, how a false accusation could ruin a man's life AND make it harder for actual rape victims to get help and did a good job of educating young people as to what actually is rape.

Brodusgus · 2015-11-06T14:25:14+00:00

I just thought it was a silhouette until the article attached it to an issue.

Phantomsurfr · 2015-11-06T10:20:08+00:00

Hate to be this guy, but the picture reminded me of this scene

Title	"The girl was clearly awake when the act was performed, but we were not shown her reaction."
Author	mnmnmmm
Upvotes	34
Comments	6
Date	November 6, 2015 9:33 AM UTC (10 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/3rqunw/the_girl_was_clearly_awake_when_the_act_was/
Archive Link	https://theredarchive.com/r/MensRights/the-girl-was-clearly-awake-when-the-act-was.967831 https://theredarchive.com/post/967831

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