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Luke Lazarus rape acquittal: Why this ruling affects everybody. The girl carried out a sex act, did not say no, did not resist and the media wants to class it as rape!

furchfur

May 5, 2017
24 upvotes
/r/MensRights
http://www.9news.com.au/amp/national/2017/05/05/14/18/fears-lazarus-case-may-stop-women-reporting-rape
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Post Information
Title Luke Lazarus rape acquittal: Why this ruling affects everybody. The girl carried out a sex act, did not say no, did not resist and the media wants to class it as rape!
Author

furchfur

Upvotes 24
Comments 32
Date May 5, 2017 10:05 PM UTC
(9 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/69hof8/luke_lazarus_rape_acquittal_why_this_ruling/
Archive Link https://theredarchive.com/r/MensRights/luke-lazarus-rape-acquittal-why-this-ruling.923352
https://theredarchive.com/post/923352
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Comments

[–]MraBob 11 points12 points13 points 9 years ago* (0 children) | Copy Link

"I accept that she did not, in her own mind, intend to convey consent to sexual intercourse."

She got down on her hands and knees with her arse up in the air...that's more than consent, it's an invitation!

[–]Apexbreed 7 points8 points9 points 9 years ago (0 children) | Copy Link

"If you are an unwilling participant don't be polite, compliant or silent. Unless laws are changed; claw, kick, scream, run and fight with every inch of your powerful being."

Or maybe just say no so the guy knows you don't want it. My wife tells me to do things in bed all the time, and I can't just do them, then say she raped me afterwards. How the hell was she supposed to know I wasn't consenting unless I indicated that to her in ANY WAY, SHAPE, OR FORM. No clawing, scraping, or fighting necessary.

[–]thyroidpineapple 1 point2 points3 points 9 years ago (0 children) | Copy Link

Why not say no.

[+]mwobuddy -17 points-16 points-15 points 9 years ago (28 children) | Copy Link

Its not false; consent was not explicitly given.

[–][deleted] 12 points13 points14 points 9 years ago (18 children) | Copy Link

Doesn't need to be. Consent may be implied from physical conduct.

[+]mwobuddy -16 points-15 points-14 points 9 years ago (17 children) | Copy Link

Even though she was passed out, your honor, consent was implied by physical conduct.

[–][deleted] 16 points17 points18 points 9 years ago (16 children) | Copy Link

No, its...she participated in the act and did not object; she was under no threat of force; therefore, it was reasonable for a person to think she consented.

If she "got on on her hands and knees" That was a voluntary decision, indicating to a reasonable person that she was consenting.

[+]mwobuddy -15 points-14 points-13 points 9 years ago* (15 children) | Copy Link

If she "got on on her hands and knees" That was a voluntary decision, indicating to a reasonable person that she was consenting.

Literally all actions a person makes with their own person are voluntary. Getting on your hands and knees by threat of gunpoint is still a voluntary act on your part; you're deciding that compliance is going to be less painful than non-comp, but its still 100% voluntary.

Im not impressed by this argument of "voluntary".

Maybe she feared repercussions for not doing it.

No, its...she participated in the act and did not object;

https://www.theguardian.com/commentisfree/2015/feb/20/sex-consent-sexual-assault-campus-rape-laws

Consent, particularly in relationships, is a complex issue. Is it a state of mind or an act? If it’s the former, is consent the subjective willingness of the alleged victim or a reasonable person’s perception under all the circumstances of the incident? If consent is an act, exactly what is required? Affirmative communication? Or just the absence of a veto? And what are its bounds? Does consent the night before imply consent tonight? Does consenting to a one type of sex act imply consent to another? The questions don’t stop there. Does a power imbalance void consent? Does voluntary intoxication? And on and on.

A lack of objection does NOT mean someone wants it.

http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1073&context=fwps_papers

To whatever degree, and it is still considerable, the law fails to criminalize non-consensual sex, to that de gree, according to liberal legal theorists and reformers, the law should be criticized and changed. So for example, not only forcible, violent sex between strangers, but also ( liberals argue) non-consen sual but non-violent sex between dates or cohabitants, non-c onsensual marital sex, sex coerced through particularly egregious fraud, sex imposed upon unconscious, intoxicated or mentally incapacitated victims, and sex coerced through implied threats of future violence, or of a nonviolent violation of rights -- all of this sex should be understood as some degree of criminal sexual assault, regardless of whet her or not the sex is accompanied by force, regardless of whether or not the woman resisted , and – at least for some liberal reformers -- regardless of whether or not she verbally expressed her non-consent.

https://en.wikiquote.org/wiki/Catharine_MacKinnon

I call it rape whenever a woman has sex and feels violated.

[–][deleted] 21 points22 points23 points 9 years ago (0 children) | Copy Link

Where is there any evidence of coercion?

Maybe she feared....

Where is the objective evidence sufficient to justify a reasonable belief of fear? The burden is on the accuser to show duress.

ITs this stupid thinking that allows girls to fully participate in a sex act and then later claim that it was "rape" because "they really didn't want to" or "didn't think they could say no" or some other bullshit.

If you dont want to have sex and are not under threat of force, then don't fucking have sex!

[–][deleted] 12 points13 points14 points 9 years ago (2 children) | Copy Link

Consent, particularly in relationships, is a complex issue.

Under the law it is not. If her actions would have led a reasonable person to infer consent, then legally she consented. If she participated and did not object, then she is required to show duress.

[–]mwobuddy 1 point2 points3 points 9 years ago (1 child) | Copy Link

To whatever degree, and it is still considerable, the law fails to criminalize non-consensual sex,

[–][deleted] 11 points12 points13 points 9 years ago (0 children) | Copy Link

How many times do i have to say this to make it clear:

Its not non-consensual if she participated and was not under duress. You can consent by actions alone.

[–][deleted] 6 points7 points8 points 9 years ago* (8 children) | Copy Link

A lack of objection does NOT mean someone wants it.

That is entirely irrelevant from a legal perspective.

{edit: the law does not require that you WANT it..only that you agreed to do it}

according to liberal legal theorists and reformers

And...? that is not what the law says, nor should it. If someone asks you to do something and you go through with it, then its consensual...regardless of your subjective feelings.

{edit 2: "liberal theorists and reformers" would make it a sex crime to hold someone's hand on a first date without prior "affirmative consent." Don't believe me, check out the model ABA rule, which thankfully was rejected. "Liberal theorists" are totally out of touch with how actual human interactions occur. It is entirely possible, and very often this occurs, to have a completely consensual sex act without either party uttering a word}

[–]mwobuddy -1 points0 points1 point 9 years ago (7 children) | Copy Link

That is entirely irrelevant from a legal perspective.

Hence

To whatever degree, and it is still considerable, the law fails to criminalize non-consensual sex,

[–][deleted] 10 points11 points12 points 9 years ago (0 children) | Copy Link

Example:

Boy wants to have sex; girl is not sure. Boy asks. Girl wants boy to date her so she agrees. They have sex. Girl then gets upset because boy does not want to date her. Girl was NOT raped. She had sex voluntarily, even though she didn't WANT to in order to obtain a desired result that did not occur. The non-occurrence of the subsequent event cannot retroactively revoke the consent that was given at the time of the sex act.

[–][deleted] 8 points9 points10 points 9 years ago (5 children) | Copy Link

Hence, what??

Do you not understand that consent does not = desire?

I dont want to show up for work, but agree to do so to get paid. I don't want to pay my rent money, but do so so i am not evicted. I dont't want to go see the chick flick with my wife, but do so to make her happy. I don't want to have my mother in law over, but do so to make my wife happy.

People can fuck consensually without "wanting" it.

[–]mwobuddy -1 points0 points1 point 9 years ago (4 children) | Copy Link

No, because you have to want, because want is consent. Sex requires a stricter standard than going to see shitty movies.

[–][deleted] 8 points9 points10 points 9 years ago (0 children) | Copy Link

No. consent= agree

People agree to do shit they dont WANT to all the time.

There is no "higher standard" for sex under the law; nor should there be.

[–][deleted] 7 points8 points9 points 9 years ago (1 child) | Copy Link

Sex requires a stricter standard

Says no law anywhere.

You are literally making shit up to advance some liberal agenda you learned in school. That is not how the legal definition of consent works.

[–]mwobuddy1 point 9 years ago [recovered] | Copy Link

You are literally making shit up to advance some liberal agenda you learned in school. That is not how the legal definition of consent works.

laws are made by disagreement with current law

[–][deleted] 5 points6 points7 points 9 years ago (0 children) | Copy Link

Consent: Voluntary Acquiescence to the proposal of another; the act or result of reaching an accord; a concurrence of minds; actual willingness that an act or an infringement of an interest shall occur.

People willingly do shit they dont WANT to do all the time.

Law is base don objective manifestations of assent; not subjective feelings.

[–][deleted] 1 point2 points3 points 9 years ago (1 child) | Copy Link

Feelings can't and shouldn't violations of the criminal law

[–]mwobuddy -2 points-1 points0 points 9 years ago (0 children) | Copy Link

It wasn't illegal to rape your wife until feminists changed it in the 90's. It was considered rape, by FEELINGS of feminists prior to the law changing.

Go fish.

[–]NitroHyjacker 3 points4 points5 points 9 years ago* (1 child) | Copy Link

Doesn't seem like he gave consent either. How do you know he wasn't just just "following orders because he was scared".

Edit: spelling and grammar

[–]mwobuddy 0 points1 point2 points 9 years ago (0 children) | Copy Link

He should counterclaim then.

[–]TheSummerain 3 points4 points5 points 9 years ago (0 children) | Copy Link

Consent of actions is still consent.

Looks like she didn't do anything to even try to stop it, so no reason to believe it was not consensual.

Sounds like regret more than rape.

[–]furchfur[S] 3 points4 points5 points 9 years ago (2 children) | Copy Link

No you are wrong. If she says she was raped and the court says she was not. It is a false accusation on her part! Explicit consent is not necessary as the court has found. So she was wrong to make the accusation.

[–]Deansdale 1 point2 points3 points 9 years ago (0 children) | Copy Link

Well, technicaly, the court said it was rape, it's just that the guy had no way of knowing it as the woman appeared to consent. I wouldn't call this a false accusation as that implies the accuser knows no rape happened or that the accused wasn't the perpetrator.

"Explicit consent" is still buillshit though.

[–]TurtleOnTheRocks 0 points1 point2 points 9 years ago (0 children) | Copy Link

except it's not a false accusation. She said exactly what happened and what she believes is rape. A false accusation would of involved her actually lying at some point

[–]the_unseen_one 0 points1 point2 points 9 years ago (0 children) | Copy Link

Consent doesn't need to be verbal.

[–]medicineusa2017 0 points1 point2 points 9 years ago (1 child) | Copy Link

guess you've never has sex in your moms basement huh?

[–]mwobuddy 0 points1 point2 points 9 years ago (0 children) | Copy Link

Yes, I've never has.

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