Question concerning affirmative consent

Mhrby · 2014-11-04T22:56:25+00:00

Theoretically, yes in both instance.

Practically, I highly doubt situation 1 would be taken seriously by police and investigators. I don't belive affirmative consent is a good thing, so I would say it shouldn't lead to a charge either in situation 1, but the law should be equal regardless of gender, so as long as affirmative consent is the law, it should lead to a charge and conviction.

Situation 2 is very different. Even without affirmative consent laws, such a situation would be considered sexual assault, as a sleeping person is unable to consent under any circumstances and a person whos genitalia is in the mouth of an assailant has good grounds for not uttering protest during the situation (bite risk).

wazzup987 · 2014-11-04T23:29:19+00:00

technically yes but men don't report and don't report frivalasesly when they.

DougDante · 2014-11-05T00:05:36+00:00

I'm not a lawyer and this is not legal advice.

Can a female ever be charged with sexual assault under This law?

Yes, the 2013 VAWA nondiscrimination clause applies to both men and women ,as does Title IX.

The trick is that there's a "gatekeeper", at least in the Ohio State documents. That's the person who may illegally discriminate against male victims or in favor of female perps, under the guise that they're rejecting claims that are not worthy of consideration.

jo939 · 2014-11-05T08:32:31+00:00

Yes of course. Fortunately many universities would see this as a two way street. Now we don't exactly know how men are treated as compared to women in these cases since men report rapes less often and in many cases the rape is pretty serious, usually forceful. Some universities will in fact still take the women's side simply because of their women-centered ideas of rape, one in which only women are raped. However, that's not the issue. The issue is that people don't have a fair trial and are often guilty from the start and this can be a life-altering or I should say, life-ruining event that happens merely on a whim of college administrators. One side note, these administrators are often people who received humanity degrees, such as Women's studies and other degrees regarding ethnicity and the victimization of people. So these administrators often feel that these rape cases against men are just what they read in their textbooks about oppressing males.

riverfan · 2014-11-04T23:46:09+00:00

The more likely thing is a guy wakes up after a party to find himself pantsless and a girl wandering around nude. She tells him that if he complains about being taken advantage of, she will say he raped her.

Title	Question concerning affirmative consent
Author	herberusts
Upvotes	5
Comments	5
Date	November 4, 2014 10:51 PM UTC (11 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/2lb44t/question_concerning_affirmative_consent/
Archive Link	https://theredarchive.com/r/MensRights/question-concerning-affirmative-consent.993862 https://theredarchive.com/post/993862

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