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California makes drunk consensual sex illegal and imposes mandatory sentencing for it. Not sex with someone unconscious or incapacitated. But now having sex with an intoxicated woman is illegal and will put you in prison for years. Drunk sex has NEVER been illegal in the US before this.

BelieveInCardigans

October 3, 2016
1443 upvotes
/r/MensRights
https://archive.is/Lu5sm
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Title California makes drunk consensual sex illegal and imposes mandatory sentencing for it. Not sex with someone unconscious or incapacitated. But now having sex with an intoxicated woman is illegal and will put you in prison for years. Drunk sex has NEVER been illegal in the US before this.
Author

BelieveInCardigans

Upvotes 1443
Comments 297
Date October 3, 2016 7:07 AM UTC
(9 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/55mjwl/california_makes_drunk_consensual_sex_illegal_and/
Archive Link https://theredarchive.com/r/MensRights/california-makes-drunk-consensual-sex-illegal-and.940592
https://theredarchive.com/post/940592
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Comments

[–]boringcarpets 504 points505 points506 points 9 years ago (76 children) | Copy Link

He was drunk + she was drunk + sex = she was raped.

So women are children and shouldn't be allowed to drink alcohol? if they are incapable of judgment where a man is, they are not equals. Raise the age, keep them out of bars

[–]redpillschool 65 points66 points67 points 9 years ago (9 children) | Copy Link

To make matters worse, many states have poor definitions of what constitutes "intoxication." Some going so far as to keep it as subjective as possible, relying on reasonable person standard that can almost never be predicted or relied upon to know if you're committing a crime or not.

If you rely on many states' training to determine intoxication, signs include ambiguous tells such as "odor of alcohol" or "heightened moods." Great.

[–]CynixCS 23 points24 points25 points 9 years ago (0 children) | Copy Link

Feeling happy today? No sexy rapey time.

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

Well actually, the interesting part of all of this is that there is a very specific standard for 'intoxication' used to convict DWI cases. I don't see how a legal term can have two different meanings in two different laws.

[–]JebberJabber -1 points0 points1 point 9 years ago (5 children) | Copy Link

That is a different and irrelevant measure of intoxication, I guess you have found something to do with driving.

The level of intoxication required to void consent is much higher, it refers to being so drunk as to not understand where you are and what at is going on.

In UK case law (which I believe is often similar to US case law) at this level you will see things that were held to NOT necessarily prove inability to consent include memory blackouts, vomiting, staggering, slurring. On the other hand these things are all warnings that you are in the danger zone.

I have seen case law by both US and UK judges saying "drunk consent is still consent". It is understood that people can behave very differently when drunk, and the courts do not attempt to protect people from the consequences of this.
.
OP's headline claim is rubbish, that's not what the law says at all. As explained here by someone who appears to have a legal background:

https://www.reddit.com/r/MensRights/comments/55mjwl/california_makes_drunk_consensual_sex_illegal_and/d8c1zmc

[–]redpillschool 1 point2 points3 points 9 years ago (3 children) | Copy Link

That is a different and irrelevant measure of intoxication, I guess you have found something to do with driving.

No, most states have a BAC limit to define intoxication for driving. Instead, they use these "reasonable person" standards to determine things like drunk in public, over-serving at bars, and (we can assume) any other non-driving intoxication offenses.

There's no reason to believe that courts would be reasonable about a new type of intoxication that voids consent, but is "more drunk than normal drunk."

[–]JebberJabber 0 points1 point2 points 9 years ago (2 children) | Copy Link

Intoxication voiding consent is a very old kind of intoxication! And yes it does have an entirely separate and much higher standard, it is nothing to do with being too drunk to be served or to stagger around in public.

There is a persistent myth in MRA-dom that being drunk voids consent, and that this is an unfair trap for men. It isn't.

The cases that come to court are not established couples, they are typically strangers or people who have not got to know each other sexually. The borderline of legal consent is wide and hard to define, but the good news is that unless you are an irresponsible asshole you will not be within sight of it with a stranger.

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

The cases that come to court are not established couples, they are typically strangers or people who have not got to know each other sexually.

Oh I get it, so you can't ever be charged with sexually assaulting your wife. Good to know, retard.

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

We have had a law against rape within marriage for many years here. There was a huge fuss when it was brought in but I don't recall any prosecutions, certainly none involving intoxication voiding consent. I don't know if there has been even a single prosecution for that in the world, ever.

How many cases have there been in your country of prosecutions for rape within marriage based on consent being voided by intoxication?

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

Yes it may start out like that but it will grow to what the options said. Hell title IX was only supposed to govern sports but now it does so much more. The federal income tax was only supposed to tax the 1% when it was I introduced. Just like all of those laws it is going to grow.

Watch you will see. Some girl say she had alcohol and said she was rape and they are going to go after the guy even though they were both drunk. You have to learn. The law doesn't matter to government officials. The feminists want blood and the government will give them blood. He'll look what California lawmakers are doing for planned parenthood.

[–][deleted] 107 points108 points109 points 9 years ago (1 child) | Copy Link

children shouldn't be voting. Repeal the 19th Amendment!! /s

[–]Scarbane 18 points19 points20 points 9 years ago (0 children) | Copy Link

You might be on to something.

[–]Chewiemuse 11 points12 points13 points 9 years ago (3 children) | Copy Link

This is what the military does already. This has been a standard the military has followed for years already.

[–]HeadlockBrock 0 points1 point2 points 9 years ago (2 children) | Copy Link

Except that a female in the military will go to Courts Martial for lying under oath, even in cases of alleged sexual assault. There are also a lot stricter rules about drinking in general, and they don't spare anybody punishment if they broke a law/rule/order.

[–]SaigaFan 4 points5 points6 points 9 years ago (1 child) | Copy Link

Hahahahahahahahahahahahahahahahahaha

Implying women arnt given massive pussy passes in the military all the time.

Good one

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

Okay; you're right about that. Military may be worse. Commander discretion is valuable though, especially when you have a few generals willing to lose a star to protect you from SJWs (I have seen it happen, maybe for the last time).

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

We should raise the drinking age to 25

For women, of course, as apparently they are children

/s?

[+][deleted] 9 years ago (28 children) | Copy Link

[permanently deleted]

[+]off_the_grid_dream -24 points-23 points-22 points 9 years ago* (27 children) | Copy Link

Please point out where the article and bill mentions men specifically.

The article and bill are about holding people accountable for actions while drunk. Period. That protects everyone. Issues about men vs women when drunk are separate from the article at hand.

[–]nogoodliar 35 points36 points37 points 9 years ago (10 children) | Copy Link

It's not about the bill explicitly mentioning men, it's about the documentable context of men being charged for doing literally the same thing women do without being charged, having sex while drunk. The fact that it happens, currently, makes it a fair implication that this will be used to charge men and not women.

[+][deleted] 9 years ago* (9 children) | Copy Link

[permanently deleted]

[–]lackofagoodname 22 points23 points24 points 9 years ago (8 children) | Copy Link

You didn't provide evidence, read the fucking article.

She was arrested for being drunk in public, and let out almost immediately.

Not even for indecent exposure, and definitely not for rape. She's fucking a passed out guy in a parking lot in broad daylight.

Reverse the roles and that guy would be locked up for years. But because the guy is the one passed out while they're both drunk, it's just a slap on the wrist for her.

You're just proving their point here.

[+][deleted] 9 years ago* (7 children) | Copy Link

[permanently deleted]

[–]CountVonVague 10 points11 points12 points 9 years ago (6 children) | Copy Link

So she escaped a charge of rape even though her partner was, legally speaking, too intoxicated to consent and was released the day after arrest rather than face a lengthy prison sentence for rape, public intoxication, and indecent exposure.

[+]off_the_grid_dream -6 points-5 points-4 points 9 years ago (5 children) | Copy Link

legally speaking, too intoxicated to consent

Does him saying, "I consented" not counter this?

He wasn't arrested for indecent exposure either or for public intoxication.

[+][deleted] 9 years ago (3 children) | Copy Link

[permanently deleted]

[–]jason-funk 11 points12 points13 points 9 years ago (5 children) | Copy Link

do you unironically think a woman would ever get charged for being sober and having sex with a drunk man?

[+]off_the_grid_dream -9 points-8 points-7 points 9 years ago (4 children) | Copy Link

I think that there are laws in place for people to pursue that course should they choose.

And yes...it has happened but the man said he consented.

Kimberly Jackson, 36, was arrested after having sex with her unconscious boyfriend Earl Palmer in a Virginia parking lot

Read more: http://www.dailymail.co.uk/news/article-3231287/I-mood-Woman-admits-having-sex-passed-drunk-boyfriend-middle-parking-lot-broad-daylight.html#ixzz4M35WffD1

[–]Malcolm1276 10 points11 points12 points 9 years ago (3 children) | Copy Link

Did you even read the article?

"She was charged with public drunkenness and bonded out of jail early Wednesday"

If this was a man, banging a drunk passed out lady, do you think he would have received the same treatment?

[+]off_the_grid_dream -7 points-6 points-5 points 9 years ago (2 children) | Copy Link

Well, if the woman came to his defense and said she consented before sex then yes, I think it would be the same outcome. The article clearly explains that he consented.

Meanwhile Palmer insisted that he had agreed to the spur-of-the moment romp but passed out from drinking. 'I'm here trying to clear her name and let them know I consented to that,' he said. 'I just didn't finish the job, as you could say.'

[–]Malcolm1276 2 points3 points4 points 9 years ago (0 children) | Copy Link

Your original point was that, a woman was charged with rape for having sex with a drunk, passed-out, guy. Which is patently false, and a misrepresentation of the article you linked.

Also, you didn't answer the question, so I'll ask again.

Do you think rape charges would have been initially brought up if the roles were reversed? The whole point here is the initial charges, no matter who consented before passing out. If a man was found doing this, the rape charges would have been instant, and "maybe" cleared later, yet in the case you linked, those charges were never brought up to begin with. That's the point here.

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

I think everyone here will agree that once someone is passed out, their consent is revoked.

[–]boringcarpets 16 points17 points18 points 9 years ago (2 children) | Copy Link

The article and bill are about holding people accountable for actions while drunk. Period. That protects everyone.

You honestly think that? We already supposedly have equality before the law yet men receive longer sentences, we already supposedly have the presumption of innocence, yet that's not what happens, we have legal definitions of crimes but don't use the same ones for women as men.

The article and bill are about holding people accountable for actions while drunk.

What makes you so certain this will be different? That women will be held as accountable as men? Fine if you're done worth the sub but don't be blind to the realities of the world today

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

It's not that we use different definitions of crimes for each sex, like a swapping them around thing. It's simply that some crimes have definitions that make it nearly impossible for a woman to commit said crimes. I know that isn't any better but it is important to keep in mind.

[+]off_the_grid_dream -7 points-6 points-5 points 9 years ago (0 children) | Copy Link

That has yet to be shown. I am not saying these things don't happen. But creating falsehoods will not do us any favours. Stick to the facts. Don't use their tactics of stretching things to fit your agenda.

It's funny that you want to point out reality when the threads are full of lies and predictions of future events.

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

you won't be missed

[+]Cuive -9 points-8 points-7 points 9 years ago (5 children) | Copy Link

For the record, all of your comments in this thread have been rational and reserved. I'm also a bit ashamed at how you're being treated. I'm upvoting you where relevant to try and offset the asshatery.

[–]Malcolm1276 5 points6 points7 points 9 years ago (4 children) | Copy Link

What? They whip out an article that goes totally against their narrative as proof (which is isn't), and you're claiming they're rational?

Really?

[+]Cuive -8 points-7 points-6 points 9 years ago (3 children) | Copy Link

They're getting massively downvoted when they are trying to contribute to the discussion. Even if they aren't doing so to your standards, it's clear effort is being made and we as a community would better serve ourselves and those we purport to stand for by having patience and engaging in open dialog, instead of shutting others down in an incredulous rain of downvotes.

TL;DR Be civil and not an asshole, or you make us all look bad.

[–]Malcolm1276 2 points3 points4 points 9 years ago (2 children) | Copy Link

They're getting massively downvoted when they are trying to contribute to the discussion. Even if they aren't doing so to your standards, it's clear effort is being made and we as a community would better serve ourselves and those we purport to stand for by having patience and engaging in open dialog

When the contribution to the discussion is misinformation, or misrepresentation, then massive downvotes are deserved. There's nothing wrong, what-so-ever, with shutting down these types of comments.

If their contribution was informative, or at least factually accurate, then I would agree with you. As it sits, OP's posts here have not been.

[–]Cuive -1 points0 points1 point 9 years ago (1 child) | Copy Link

We should all be open to civil discussion if we want any hope of bridging gaps. Downvoting is censorship, and using it to suppress viewpoints you don't agree with makes you as bad as the SJWs and misandrists you vilify. I've enjoyed this sub for over a year now, but I'll say this experience has left a terrible impression on me. You'll probably be pleased to hear I likely won't be around much longer.

Hope everyone here can eventually band together and stop pushing away potential allies. You don't need any more of a bad name than MRAs already have. Anyways, take care.

[–]Malcolm1276 0 points1 point2 points 9 years ago (0 children) | Copy Link

Downvoting is censorship.

How so? The person is allowed to have their say at all times, the votes don't change that. If the opinion/statement doesn't hold up to scrutiny, then the votes reflect that. This isn't censorship, it's showing them that their statement/opinion may need to be re-examined.

Hope everyone here can band together

Well, it's not really possible if people are going to rely on false narratives. If the person you're defending brought out an article that showed their claim, then the downvotes wouldn't have been there, but instead they whip out an article showing how a woman got a pussy pass for something that would get a man jailed instantly.

If we're here for men's rights, how can we get behind that narrative at all?

Why should this place support shit like that?

Lastly, where has my discussion not been civil? The language may be colorful, the criticisms may be harsh, but the contents are civil none the less. Tone policing won't help your case any.

[–]off_the_grid_dream 15 points16 points17 points 9 years ago (4 children) | Copy Link

That's not at all what this article says. It says if you assault a drunk person. Big difference. Yes, some may claim assualt afterwards but that is not much different than what we have now, it just limits people claiming they were too drunk to know they were assaulting someone.

[–]boringcarpets 23 points24 points25 points 9 years ago (2 children) | Copy Link

Yes, and it will only be applied to males, there will be no confusion over victim and perpetrator - it will remain female victim male perpetrator

[–]jpowell180 1 point2 points3 points 9 years ago (0 children) | Copy Link

I'll even wager that if the guy has a few beers and a sober woman initiates things, she can still charge him with rape.

[–]off_the_grid_dream -3 points-2 points-1 points 9 years ago (0 children) | Copy Link

That is speculation and has nothing to do with the article which is my whole point.

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

it just limits people claiming they were too drunk to know they were assaulting someone.

What? No, it's actually just about minimum sentencing. If you are too drunk to know that you are assaulting someone, it is not a crime. The law defining assault of intoxicated persons requires knowledge of their inability to consent. Maybe stupid, but that's the law.

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

Same thing in the UK although its not admitted. Footballer called Ched Evans was drunk with another person. She told his mate to go down on her in the same room. Next day though she claims to not recall what she said to Ched. Cut to some media coverage and her lawyer saying that because she was drunk and because she doesn't know if she explicitly said yes (though she doesn't recall saying no or objecting either), that Ched is a rapist. Even though he was also drunk. Not only was he found guilty. Not only was he hung by the papers. There was a successful feminist led campaign that meant he was prevented from continuing his career after. They literally said he has no right to be a semi famous footballer because he may have been a rapist. He is currently going through a retrial to clear his name. And you can imagine what the UK media coverage is like. The whole feminist thing is an utter witch hunt, with shrieking idiots where there should be experts dispassionately assessing the facts to figure out the best way forward for all, not the few.

[+][deleted] 9 years ago (22 children) | Copy Link

[permanently deleted]

[–]functionalsociopathy 13 points14 points15 points 9 years ago (10 children) | Copy Link

From an objective standpoint what happened in the Brock Turner case is a very drunk Brock Turner finger banged a slightly to moderately more drunk whoever-the-fuck-she-was. The events leading up to this point are largely unknown due to the drunken haze Brock and the "witnesses" were in.

I get the feeling that your opinion of Turner is based largely on what the sensation pieces surrounding the case are saying about him. If this really is an objective opinion of yours I hope that you're being fair and considering that any woman who would do the same (jerk off their date that passed out) is also a piece of shit.

[–]JebberJabber 4 points5 points6 points 9 years ago* (9 children) | Copy Link

From an objective standpoint, the victim was observed by four witnesses to be in an alcoholic coma. Not asleep. Not just blind drunk, but completely unconscious in a coma from which she could not be woken for over four hours despite attempts to wake her every 10 or 15 minutes. She had four times the driving limit for alcohol, Brock was 3x.

Two of the eye witnesses saw her being assaulted while unconscious, several minutes after other witnesses had reported her being in a coma.

One of the earlier witnesses had placed her body in the recovery position while someone took photos of her (quite likely Brock, since he was proved to have received a txt referring to a photo of a woman's breast (singular), and she was found with one breast exposed).

Another witness saw her lying alone and phoned police.
.
Brock was not "her date". Her sister accepted one of the beers that Brock was handing out, and the victim drank it because her sister didn't like it. That is the extent of their known relationship.

I read the court documents from the prosecution and defense.
One of the really tragic things about this case was reading Brock's character references. In a small town people get to know you over many years in a variety of contexts, and he was obviously highly regarded by people who knew him well. It seems to me he got drunk out of his mind and did something he wouldn't have dreamed of doing normally.

[–][deleted] 0 points1 point2 points 9 years ago (2 children) | Copy Link

I would suggest that you look into the reliability of witness testimony before you decide that a drunk looking at something will give you an accurate description of that something.

Sober eye-witnesses are often wrong about everything, and all available indications are that it is the least reliable form of evidence -- as bad as hair/fiber analysis, which is largely considered to be junk science by the scientific community.

Eyewitness testimony is worthless. It just flat-out is. Human memory is too shitty to take anyone's word for anything.

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

Eyewitness testimony has some well-known problems but it is very far from worthless, which is why verdicts often rely upon it.

I trust the testimony of the (quite possibly drunk) guy who saw an unconscious woman lying on her back, and rolled her onto her side and placed her limbs in the recovery position. I have done that myself, I can tell you the feeling of manipulating an unconscious body is unmistakeably different from a floppy but conscious body. Being drunk would not erase that difference.

Here is a demonstration: Lie on your back on the floor. Get a friend to lift your head and very gently twist it around in different directions while you do your best to act unconscious. They won't be fooled because you will do a very, very poor job of it.
I imagine you would do a much worse job when drunk, it would be fun to try.
.
The guy who reported her lying alone to police can be trusted to have tried to rouse her and failed, assuming that is what the police controller would have asked him to do if he had not already.
.
The two sober cyclists riding past were not tentative when they intervened. What they saw did not make them ask if they were all right, or if she needed help, which is what people do if there is any doubt. They didn't wait and watch to gather more information, and they didn't need to get any closer to judge the situation. They shouted "what the hell are you doing" and ran straight to him.
They found her unconscious. The policeman who turned up a minute or so later found her unconscious.

She remained unconscious for over four hours before she could be woken, which is consistent with her alcohol level.
.
Other evidence is that she was incoherent in earlier phone calls, one recorded on voicemail, and failed to answer texts when outside. Just from the incoherent phone call evidence she had been very obviously beyond being capable of consent about 20 minutes, from memory, before the assault was spotted.

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

"Failed to answer texts"... well there's a smoking gun right there....

First she was on her back with Brock, then they chased and tackled him, then she was curled up in the fetal position. Nobody put her in that position; I don't know where you are getting that. She curled up and went to sleep on her own.

The guy 'tried to rouse her' by saying "are you alright". That's not exactly a slap in the face and a bucket of water.

The whole twisting the head thing never happened.

And the fact that they didn't ask questions before chasing down the dude is evidence that they have good judgement?

Seriously, you are completely insane. Half of what you say is your own fabrication to fit the story in your head, and the other half is just plain stupid.

The dude is a nerdy little sheltered kid and she is an older drunk slut.

Only hate-filled psychos and exceptionally gullible people believe that Brock Turner dragged an unconscious girl to the back of a dumpster to play with her diddle for 20 minutes and dry hump her leg.

I know you're probably incel, but if you ever do get laid, I hope they accuse you of rape and you get to try on a prison robe while you fail get people to believe your story, and they all make up their own narrative because the 'victim' 'doesn't remember anything'.

[–]functionalsociopathy 0 points1 point2 points 9 years ago (5 children) | Copy Link

so, in other words. a very drunk brock finger banged a slightly more drunk mystery-slut and two wandering white knights happened upon the situation and instantly "knew" what was going on.

they didn't need any back story or reasoning, this was the moment they trained their whole lives for. they had the lumbering ogre, brock, and the m'lady, mystery slut. what more could any r̶e̶a̶s̶o̶n̶a̶b̶l̶e̶ white knight need, it was a perfect set up for their narrative.

the most they did to try to rouse her was say, "hey, are you alright?". they didn't move her head and they didn't curl her up in the fetal position, she did that on her own.

at least you're right about one thing, this is a tragic situation. this is a story about drunk people doing drunk things that got spun by drunk white knights and later by click-baiting vultures into a rape case. Pieces of human refuse like you just can't help yourselves though. the lie is just too beautiful for you to forsake it in the name of the truth. this has to be evil brock turner violently rapes innocent virgin, and is coward for not getting 25 to life.

the truly tragic thing is, i can think of more reasonable feminists than you. i gagged a little typing that, but it's true. so go back to whatever inbred lynch mob you crawled out of, this is no place for media lemmings like you.

[–]JebberJabber 1 point2 points3 points 9 years ago (4 children) | Copy Link

they didn't curl her up in the fetal position, she did that on her own.

There is sworn testimony from the guy who intervened when (Brock?) was taking photographs, that he put her body in the recovery position. That's your "fetal position" that you claim with zero evidence that she had put herself in after two witnesses testified that she was unconscious. The court found no evidence of consciousness after the first witness saw her unconscious and put her in recovery position.

Consciousness is not the question anyway, consent is. There is hard evidence from phone voicemail (and testimony from those who spoke to her) that she was incoherent and thus very obviously incapable of consent 20 min before the assault observed.

[–]functionalsociopathy 1 point2 points3 points 9 years ago (3 children) | Copy Link

http://www.paloaltoonline.com/news/2016/06/10/county-releases-brock-turner-court-documents pr 8 - 12 of the police report are the witness testimonies. that's weird, neither of them mention moving her or repositioning her. i can't seem to find any mention of either witness repositioning her. it's almost like they didn't touch her.

on the topic of consent. turner was nearly as drunk as cheap-date was. could turner give meaningful consent? more importantly, could a very drunk turner determine that cheap-date was unable to give meaningful consent with her "rubbing his back" (pr 28) while he was fingering her? the answer is no. because not only was he drunk, but she was participating in the sex act.

again, let's take this back to the reverse scenario. if some drunk guy had led cheap-date out behind a dumpster before she chugged the vodka (but still had the whiskey in her system), and he passed out while she was jerking him off would she be guilty of rape? would the witnesses even have stopped? i'm going to go with a giant flashing NO with fireworks going off around it on this one. the only reason this is considered a "crime" is because it was a woman that passed out.

[–]JebberJabber 0 points1 point2 points 9 years ago (2 children) | Copy Link

Find the report to police by the witness who found someone standing over her photographing, and didn't respond when asked if he should put her in recovery. He put her in recover himself, after which the photographer had disappeared.

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

did you have a link to that police report?

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

It was an 18MB PDF of photos of the documents in the police complaint (to the prosecutor I guess). It was hosted on a news site.

The witness who said she should be rolled on her side, and checked her pulse, is named Bolton. His statement to police and that of the guy who called the police is just below the patrolman's long statement, more than half way through the document.

[–]OnixHF 6 points7 points8 points 9 years ago (1 child) | Copy Link

I think a lot here agree with you, the law says intoxicated or unconscious though which is the issue. When what happened was she was unconscious which is 100 times more scummy. Intoxicated is bad if the person is clearly more drunk than the other but how do you measure that after the fact? :/

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

In other words it comes down to the simple issue of the law itself which in ALL cases clearly states a jury MUST be convinced beyond a reasonable doubt by the proof presented to them of someone's guilt, or they should not consider them guilty. This is the problem with feminism. They want to skip that basic inalienable human right and convict on the basis of a drunk woman later not remembering anything, having no proof, but merely suspecting something was wrong. Even if that turned out to be true, its just not how the law works. And no, feminists, we won't scrap men's human rights simply because you can't accept either taking more responsibility or the fact that sometimes the law can't take care of every possible outcome in life. Men suffer from imperfections in law too. Alimony. Sentencing gaps for all crimes. Access to your kids. And so on.

[–]HeadlockBrock 2 points3 points4 points 9 years ago (6 children) | Copy Link

Nobody but incels and feminists believe that a rapist would sit there fingering her diddle and rubbing against her leg for 20 minutes if she were passed out.

[–]JebberJabber -1 points0 points1 point 9 years ago (5 children) | Copy Link

She was incoherent on the phone 20 minutes (from memory) earlier. She was observed to be unconscious only a few minutes earlier.

Brock had not been there for at least some of that time. The person taking photos (which may have been Brock, since he sent a pic of a breast about that time) disappeared when the bystander put her in recovery position.
She was alone when the second guy called the police.

[–]HeadlockBrock 0 points1 point2 points 9 years ago (4 children) | Copy Link

Unconscious before a 20-minute phone call? Now you're just making shit up. Even if true, it doesn't address my point.

[–]JebberJabber 0 points1 point2 points 9 years ago (3 children) | Copy Link

No she was incoherent about 20 minutes earlier, not unconscious. I made a timeline from the police evidence. The calls were not long.

We don't know how long she was unconscious. The observed period is only a few minutes, from the guy who interupped the photograper (Brock?) to checked her pulse, then the guy who saw her alone and called the cops, then the Swedes seeing her unconscious with Brock, then the police officer turning up a minute or so later, I think 5 minutes after the 911 call.

So Brock is not proved to have been with her at all except for immediately before the Swedes found him humping her body. There is no extended fingering session with a comatose woman to be explained. That's just a straw man you tried to inject. You show a detailed knowledge of the facts, stop making up bullshit to distract people.

[–]HeadlockBrock 0 points1 point2 points 9 years ago (2 children) | Copy Link

There is no extended fingering session with a comatose woman

Okay... glad we could establish that. So what exactly, in your mind, did he do that constitutes felony sexual assault?

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

What did the prosecution say, and what did the judge jury determine happened?

Vaginal penetration, at a minimum, introducing debris from the ground up inside her vagina. Pine needle fragments can't just crawl up there on their own.

The Swedes observed vigorous humping, which they assumed (without evidence) involved penetration. I don't know what the court decided about what exactly happened but "rubbing against her leg" doesn't sound like what the Swedes saw. Who cares?

This is a pointless conversation, we are digging over the details of a case that most observers felt was treated too lightly, and you are fighting point by point to say it was too harshly interpreted. That's not something I would bother engaging with except you introduced a baseless false claim that he had been fingering and "rubbing against her leg" for 20 minutes.

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

Obviously you failed civics. The judge doesn't determine anything. The jury convicts. Now you claim that there was no extended fingering session, which violates the central claim of the prosecution. You see, if you can't prove that she was unconscious at the time of penetration, then you really don't have any proof of a crime at all. The jury, of course, is free to ignore this and give the DA whatever the bitch wants.

And why wouldn't you consider the facts of the case? Because you read the victim's statement and were so passionately moved by it that you think all men should be considered guilty with zero proof?

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

Yes, about as much of a piece of shit as any other nerdy college freshman. Not as much as a person 4-5 years older that goes to a frat party to get wasted and hook up with 18-year-olds despite being in a relationship and lying to their partner. Yeah, I agree they both suck.

[–]JestyerAverageJoe 126 points127 points128 points 9 years ago (20 children) | Copy Link

Remember when "progressives" were against mandatory minimum sentences?

[+][deleted] 9 years ago* (19 children) | Copy Link

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[–]JestyerAverageJoe 34 points35 points36 points 9 years ago (14 children) | Copy Link

Of course. Men of color are the only men with human rights.

[–]xaivteev 25 points26 points27 points 9 years ago (12 children) | Copy Link

Naw man. Us Asian guys are quickly becoming one of you. If it wasn't for the lack of media representation and the dick jokes, we'd already be on the SJW white male train to hell.

[–]JestyerAverageJoe 27 points28 points29 points 9 years ago (4 children) | Copy Link

You didn't get the memo shitlord? Asians, Jews, and every other successful non-white population aren't "of color" or even "minorities" anymore.

On the other hand, women who are mentally handicapped by feminism are definitely minorities of color -- a minority of 51%.

[+][deleted] 9 years ago (3 children) | Copy Link

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[–]xaivteev 6 points7 points8 points 9 years ago (0 children) | Copy Link

I thought Jew described both race and religion. I vaguely remember reading that converts to Judaism are treated kinda like second class citizens by some Jews because they aren't genetic Jews.

[–]Dark_Shroud 2 points3 points4 points 9 years ago (0 children) | Copy Link

Jew actually is an ethnicity that is traceable by DNA.

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

There are people of the Jewish faith and there are people of Jewish descent, in some cases they are the same people.

[–]trashcan86 6 points7 points8 points 9 years ago (2 children) | Copy Link

And we Indians are Schroedinger's shitlords. Some days we're oppressed and have to be saved from white people, other times we're as much scum as white people.

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

I think Indians that don't accept SJW rhetoric are the shitlords and those that tow the ideological lines are oppressed.

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

It depends on how black you look. There are Indian dudes that totally pass for black. These guys are like masters of the universe once they change their name to sound less ethnic.

[–]Atheist101 4 points5 points6 points 9 years ago (2 children) | Copy Link

Dont forget the perpetual shafting that Asians get when it comes to college admissions. One thing that pissed me off about law school admissions especially was that being an Asian wasnt considered being an "Underrepresented Minority" in law school EVEN THOUGH, in my law school (Across all 3 years) there are 15 Asians (split across Indian and Chinese basically). According to the official ABA Disclosure only 2.6% of the ALL YEARS JDs are Asians.

Heres the fucking kicker though, Underrepresented Minority means minorities which are not proportionally represented in law school as they are in the general population. Last I heard, Asians were about 5.6% of the American population, not 2.6%....but for the ABA, Asians are technically considered proportionate. Yaaay logic!

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

This is why I hate racial discrimination of any sort.

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

Minority = someone that complains like hell until they get special shit

Has nothing to do with 'representation'

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

Considering Asians are the grouping with the highest average incomes, this was pretty much inevitable.

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

J.F.C.

[–][deleted] 9 points10 points11 points 9 years ago (3 children) | Copy Link

Of what little SJW's are complaining on the HuffPo Facebook page of this article, they're complaining that this will "hurt black men" because they "are the ones harmed by mandatory minimum sentencing"

truth is that it fucking does effect the black communities most but the fact that cunt feminist think they can use blacks for their bullshit is just that bullshit.

what they really need to say is that " black men will be charged easier and this will be used to lock them up more frequently.

now think of custody cases and how this will be used to literally imprison men to keep them from their children, feed the prison system and take away the vote from men. as well as disarm men. then you make them slaves.

[–]Mens-Advocate 3 points4 points5 points 9 years ago (2 children) | Copy Link

White women have always exploited black men, from instigating lynchings to misappropriating affirmative action.

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

White wives of slave owners sleeping with the slaves and calling it rape when caught? "He took advantage of little old me"? This tactic goes back a long way.

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

agreed

[–]cherrycheesecake 187 points188 points189 points 9 years ago (25 children) | Copy Link

If you follow where the law links to, you'll find another part of California law that discriminates against men, specifically.

#265. Every person who takes any woman unlawfully, against her will, and by force, menace or duress, compels her to marry him, or to marry any other person, or to be defiled, is punishable by imprisonment pursuant to subdivision (h) of Section 1170.

The above law specifically only mentions "women". Apparently, it also sets the implication that men are not covered under the protection of this law, thereby allowing for women to force men into marriage, against their will.

[–]lodro 48 points49 points50 points 9 years ago (12 children) | Copy Link

Probably just an old clause that hasn't been used recently enough to get thrown out.

[+][deleted] 9 years ago* (9 children) | Copy Link

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[+]lodro -26 points-25 points-24 points 9 years ago* (8 children) | Copy Link

3330402

[–][deleted] 35 points36 points37 points 9 years ago (7 children) | Copy Link

Aaaand this is why men's rights will die :[

[–]lodro 3 points4 points5 points 9 years ago* (6 children) | Copy Link

6500

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

Well yeah tbf what I was referring to was just the parent comment, this thread overall is kind of going off the rails. (Although they have a point that this could be a slippery slope).

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

For sure man, cheers

[–]HerboIogist 0 points1 point2 points 9 years ago (3 children) | Copy Link

Education. Making sure people understand the problem.

[–]lodro 2 points3 points4 points 9 years ago* (2 children) | Copy Link

7370074

[+][deleted] 9 years ago (1 child) | Copy Link

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[–]lodro -1 points0 points1 point 9 years ago* (0 children) | Copy Link

412229

[–]thegalli 4 points5 points6 points 9 years ago (1 child) | Copy Link

The thing is they don't throw out anything. They only make more more more new laws. This ensures that at any given time you're breaking enough laws that if they want to fuck with you they can.

[–]lodro 4 points5 points6 points 9 years ago (0 children) | Copy Link

I suppose that's somewhat true and problematic, but I don't believe it's all that relevant to this thread.

[–]EduBA 6 points7 points8 points 9 years ago (1 child) | Copy Link

You are right, of course, #265 is not made to protect people taken unlawfully but for protecting women so taken.

Thanks for taking the trouble to find and share those sections but want to ask something:

Aren't laws in California published with hypertexts for helping people to abide to them?

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

Generally, no.

The old site at www.leginfo.ca.gov generally doesn't have hyperlinks in the text of the laws and codes. Even the new site at leginfo.legislature.ca.gov doesn't have hyperlinks, which our neighbor Nevada does. Considering that Silicon Valley is near the Capital, it really makes one wonder how hard it would be for them to hire some part-time programmer to whip up a simple parser to insert HTML hyperlinks using a pre-existing database.

[+][deleted] 9 years ago (7 children) | Copy Link

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[–]cmumford 12 points13 points14 points 9 years ago (5 children) | Copy Link

I wonder if the men in the arranged marriages are affected? All the discussion I've ever heard is about the fact that the young women are forced into marriage - what about the men?

[+][deleted] 9 years ago (4 children) | Copy Link

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

Not sure I buy all that either. India has many many women working - many in high tech - and India has arranged marriages. When I was in Pakistan working as a software engineer several of the other workers there were women (and as an aside one of them was the best developer there). I've also had male colleagues go home (from Silicon Valley to India) to marry a woman that has been arranged by their family.

I'm sure the subject of arranged marriages spans the spectrum from "arranged" to "forced". But, whether you agree with the practice or not - I never ever hear about it from the groom's perspective.

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

I call bullshit. Loads of tribal women do a tremendous amount of work, yet still a husband's family must pay a dowry in order to marry. They are selling their daughter off not because she is a liability, but because she is a commodity; she can have children.

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

I actually don't know which ones you're talking about. Care to elaborate?

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

isn't there something with the spirit of the law which would also protect men?

[–]MrNPC009 0 points1 point2 points 9 years ago (0 children) | Copy Link

What do you think pregnancy is

[–]EricAllonde 169 points170 points171 points 9 years ago (5 children) | Copy Link

Feminists are demonstrating their usual level of empathy with men and any woman who cares about them:

http://imgur.com/a/0oLGS

[–]Daktush 54 points55 points56 points 9 years ago (1 child) | Copy Link

Dat victim shaming though

[–]cmonster1697 9 points10 points11 points 9 years ago (0 children) | Copy Link

Ffs Men can't be victims shitlord /s

[–]Rsnyder20 24 points25 points26 points 9 years ago (0 children) | Copy Link

What an awful human being.

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

there's no cure for being a cunt

[–]Nulono -5 points-4 points-3 points 9 years ago (0 children) | Copy Link

404

[–]lodro 135 points136 points137 points 9 years ago (30 children) | Copy Link

This would be outrageous if it were true.

But this law (full text, quite short) does not change anything about the actual rape offense in California law - which is quite reasonable and has absolutely no "affirmative consent" anywhere in it.

This new law disallows parole for those convicted under existing law whose victim was "either unconscious or incapable of giving consent due to intoxication".

Men face many serious issues in modern society - there's more than enough for us to get up in arms about here if we stick to things that actually happened.

[–]Shanguerrilla 16 points17 points18 points 9 years ago (8 children) | Copy Link

I'm not entirely fluent in legal-speak. I assumed there would be comments pointing out the sensationalism in our thread title as yours. I appreciate your opinion and sourcing the actual text, but while they didn't change the actual rape offense, I thought it mandated a different sort of 'crime' anytime a man (regardless of inebriation) even had consensual sex with a woman (with a level of inebriation) and that while it wasn't entirely a 'rape' charge, it had mandatory probation. Since you are saying it isn't changing the rape laws, that their rape laws are good, and this is nothing to get up in arms about... what exactly, to you, do you think this law changes?

I'd like to understand both sides and am curious your more detailed opinion.

[–]lodro 17 points18 points19 points 9 years ago (6 children) | Copy Link

This law is pretty short and sweet, and is a good opportunity for someone with a poor understanding of legal language to learn by reading it closely a couple times.

It doesn't define any new crimes - rape, etc, are referenced from other laws and the requirements for each remain the same as before.

It just creates some cases where probation might have been available before, but isn't now. It wouldn't effect anything except whether a person receives probation.

The people saying this changes consent requirements simply didn't take the minute or so required to read the full text of the law, which is extremely short and straightforward. Check out my other reply in this thread for a quote from the law's self-summary.

[–][deleted] 4 points5 points6 points 9 years ago (3 children) | Copy Link

so we now can expect teachers who rape their male students not to get probation correct?

[–]lodro 1 point2 points3 points 9 years ago* (2 children) | Copy Link

4082230

[–][deleted] -1 points0 points1 point 9 years ago (1 child) | Copy Link

but this is the state of California right now.

https://www.youtube.com/watch?v=sGUNPMPrxvA

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

it has been for a while

[–][deleted] -2 points-1 points0 points 9 years ago (1 child) | Copy Link

I won't believe someone who has already lied, /u/lodro, when you said that there was no aspect of 'Affirmative Consent' built into California law.

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

There's no need to be childish.

That remains true in the form I stated it.

California has some law that requires its public universities to have conduct policies with some kind of wacky neonazi consent standard built in, but the state does not have any crimes which use such standards.

That distinction must be recognized in any meaningful discussion of affirmative consent in law, and one which is almost always ignored here. You can't be arrested or convicted of any crime or punished by the government in any way because of anything remotely resembling an affirmative consent requirement (in California, anyway).

Yet on this and other related subs there is this constant diatribe about California and its evil affirmative consent rape law.

In truth, it's nearly impossible to get convicted of rape in California if you're remotely intelligent and do your raping in private (let alone if you don't rape people).

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

The law also doesn't detail what level of intoxication results in incapacitation... For good or ill.

[–]aaaaajk 5 points6 points7 points 9 years ago (1 child) | Copy Link

Thank you for the link. In their defense though, the below part is gibberish to me.

"paragraph (2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1, 266h, 266i, 266j, or 269, paragraph (2) or (3) of subdivision (c), or subdivision (d), (f), or (i) of Section 286, paragraph (2) or (3) of subdivision (c), or subdivision (d), (f), or (i) of Section 288a, Section 288.7, subdivision (a), (d), or (e) of Section 289, or subdivision (b) of Section 311.4."

[–]lodro 6 points7 points8 points 9 years ago (0 children) | Copy Link

As it would be to anybody that didn't have a handy reference to all those laws. Take it as shorthand for "a bunch of existing rape and rape-related offenses". This is the new law citing other laws that define what rape is, what sexual assault is, etc.

So with context, the law is basically saying:

(a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who is convicted of violating paragraph (2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1, 266h, 266i, 266j, or 269, paragraph (2) or (3) of subdivision (c), or subdivision (d), (f), or (i) of Section 286, paragraph (2) or (3) of subdivision (c), or subdivision (d), (f), or (i) of Section 288a, Section 288.7, subdivision (a), (d), or (e) of Section 289, or subdivision (b) of Section 311.4. rape and various rapey activities as already defined in existing law.

[–]SneakyPeaky9955 3 points4 points5 points 9 years ago (0 children) | Copy Link

If your comment happens to be 100% true, it should be pinned at the top lol.

[–]rtechie1 9 points10 points11 points 9 years ago* (9 children) | Copy Link

This new law disallows parole for those convicted under existing law

Wrong. It disallows probation for any new offender whose victim was "either unconscious or incapable of giving consent due to intoxication". The idea being to close the "loophole" that allowed Brock Turner to get less than the 3 year minimum. Basically, this is a "tough on crime" law that removes all judicial discretion on rape cases. It's (more) draconian. The US needs to be putting fewer people in prison for shorter periods, across the board on all street crimes.

[–]lodro 4 points5 points6 points 9 years ago (8 children) | Copy Link

Oh, good catch. Probation, not parole.

That said I don't see how the hyperbole after that correction follows; so far as I can tell it removes one very specific form of judicial discretion, not all of it.

[–]dungone 1 point2 points3 points 9 years ago (5 children) | Copy Link

How does it not follow? You removed the judge's discretion of not sending someone to jail. That's not some trifling little detail. That's all of it. All the discretion. What remains are the trifling details.

[–]lodro 1 point2 points3 points 9 years ago (4 children) | Copy Link

It isn't all of it because probation isn't the only thing that judges make decisions about in criminal cases.

[–]dungone -1 points0 points1 point 9 years ago (3 children) | Copy Link

Like which jail to send the guy to for having drunk sex?

[–]lodro -1 points0 points1 point 9 years ago* (2 children) | Copy Link

76923

[–]dungone -1 points0 points1 point 9 years ago* (1 child) | Copy Link

Ah yes. Don't have a real argument to make, just play the old "it is beneath me to respond!" card.

[–]lodro -1 points0 points1 point 9 years ago* (0 children) | Copy Link

14095221

[–]rtechie1 -4 points-3 points-2 points 9 years ago (1 child) | Copy Link

It's a bad law. California needs more judicial discretion and shorter sentences, this is the exact opposite.

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

Ok. That's quite different from the statement you made earlier (am I doing this right?).

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

Yep. This sub half the time doesn't actually bother to read or research because everyone wants to be enraged. It's rarely as bad as the posts claim.

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

It's so frustrating. And when you point it out the answer is "well it will happen to men, so there." As if that makes up for false claims (oh the irony) about the bill and the article.

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

Thank you. Feels like someone regularly misunderstands what this law actually does.

[–][deleted] 0 points1 point2 points 9 years ago (2 children) | Copy Link

There is nothing remotely 'reasonable' about California law. It does have 'affirmative consent' built into some aspects of the law.

So you're lying at the start of it. California mandates that all state schools use the 'affirmative consent' standard. You said that there is no 'affirmative consent' anywhere in it.

You're a liar.

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

Lodro was refuting the claim that this new amendment introduced or is related to affirmative consent, and he linked it as proof. He was not talking about the wider law or SB967.

Your obnoxious claim Lodro is lying is ridiculous, he obviously is very familiar with the law and would not forget about or lie about something so simple and obvious.
.
Schools have internal discipline and dispute resolution procedures. SB967 mandates schools must make an internal rule requiring affirmative consent for sex.

These school rules and internal procedures are not themselves operations of the law. They are not criminal trials, there is no criminal record or criminal penalties at stake. (That's why the criminal standard of evidence is not appropriate).

The students are being investigated for breaking school rules, not criminal codes.

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

See my other reply about affirmative consent in California. California has a law that mentions affirmative consent and makes some funding dependent upon its inclusion in some public university conduct policies - that is quite different from making it a standard for criminal offenses (which would obviously be unconstitutional and has never been done).

But just for fun, here is the law that defines rape in the State of California.

Note that there is no mention of affirmative consent, nor anything that remotely resembles it.

The rape offense itself in California has not changed in some time and has no affirmative consent aspect whatsoever.

In fact, it makes clear that there's no rape even if consent is withdrawn or the recipient is totally fucked up unless a reasonable person would have understood that these things were true. So you can't be convicted because she changed her mind but didn't actively communicate that fact, you can't be convicted because she was blackout drunk but appeared lucid, etc.

If you're reasonably intelligent, you can basically rape whoever you want in California; the standard of evidence required for conviction is quite high.

[+][deleted] 9 years ago* (1 child) | Copy Link

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[–]lodro 23 points24 points25 points 9 years ago* (0 children) | Copy Link

No, it doesn't. Read the law - it'll take about 30 seconds as it's quite short and simple. It doesn't give any definitions - it only references existing law for them.

The summary from the law itself:

Existing law prohibits a court from granting probation or suspending the execution or imposition of a sentence if a person is convicted of violating specified provisions of law, including rape by force, pandering, aggravated sexual assault of a child, and others.

This bill would prohibit a court from granting probation or suspending the execution or imposition of a sentence if a person is convicted of rape, sodomy, penetration with a foreign object, or oral copulation if the victim was either unconscious or incapable of giving consent due to intoxication.

Note that none of these words is defined within the law. That is because none of the definitions changed. In the explicit text of this new law (which follows after the above summary), several existing laws are referenced (e.g. the law that defines the offense of rape) and conditions are placed on when parole is allowed or not etc. That's it.

In California, rape can only occur if a reasonable person would have thought what they were doing was non-consensual. If you're having sex and she said yes but she changes her mind, she has to say so or it's not rape. If she's intoxicated but says yes and seems coherent, it's not rape. Etc.

If you get your news from Reddit or Facebook, you might believe otherwise, but read the law - it's clear as day.

Look: I agree with you emotionally; there are many things related to sex and consent that are unfair toward men. But get your facts straight before you get all worked up - it's hard to get them straight afterward.

[–]Ortesk 58 points59 points60 points 9 years ago (14 children) | Copy Link

When me and my wife hook up after I had a few beers, can I press charges?

[+][deleted] 9 years ago* (2 children) | Copy Link

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[–]Ortesk 22 points23 points24 points 9 years ago (1 child) | Copy Link

Shit. I orally raped her the other night when we stayed up drinking and I gave her head as she played Pokémon.

I'm a bad person

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

Technically yes according to the law she can.

[+]off_the_grid_dream -7 points-6 points-5 points 9 years ago (9 children) | Copy Link

Did you read the article? This place is getting silly. There is nothing about a man specifically. What happened is that the perpetrator cannot claim they were too drunk to know they were assaulting someone. Nothing about a man=guilty if both people are drunk.

[–]FastFourierTerraform 8 points9 points10 points 9 years ago (6 children) | Copy Link

How do you define "perpetrator" when drunk sex happens? Because I know exactly how the courts love to define it.

[–]off_the_grid_dream -3 points-2 points-1 points 9 years ago (5 children) | Copy Link

You define it when the other party accuses them of assault. That is what the article and law is about. Listen I am not saying we aren't at a disadvantage but let's stick with facts and truth. This comment section reads as bad as SJW's in places.

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

Is rape still defined as penetration in California? :^)

[–]off_the_grid_dream -1 points0 points1 point 9 years ago (0 children) | Copy Link

I don't know but this law covers rape and sexual assault so men are covered if they are victims.

[–]secondchimp 0 points1 point2 points 9 years ago (2 children) | Copy Link

You define it when the other party accuses them of assault.

The fear is about this common scenario: two drunk people have consensual sex, then the next morning the woman has regrets and accuses the man of rape.

By your definition that man is now the 'perpetrator', and according to this law he's guilty because the accuser was drunk.

[–]off_the_grid_dream -2 points-1 points0 points 9 years ago (1 child) | Copy Link

Fear is fine, but making shit up is not. There is nothing that automatically makes the man a perpetrator in the article or the bill. Stick to facts.

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

No, fear is not fucking fine, you imbecile. And regardless of whether a man or a woman does it, drunk sex is not rape. But in the case of too drunk to resist, how does one prove that?

[–]kovu159 0 points1 point2 points 9 years ago (1 child) | Copy Link

He was pretty clear this referred to "penetrative sexual assault". Unless your girl has a strap on she's not guilty.

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

Actually the reporter used the penetrative assault term. The people involved in the bill did not mention penetration specifically.

[–]Ultramegasaurus 51 points52 points53 points 9 years ago (21 children) | Copy Link

California Closes Loophole That Allowed Brock Turner's Light Sentence. The law was inspired by the sexual assault case at Stanford University.

It makes me so angry that this bullshit causes national outrage and policy changes (horrible ones at that) while I have to read every day about women getting away with child abuse and murder.

[+][deleted] 9 years ago (20 children) | Copy Link

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[–]trampson 31 points32 points33 points 9 years ago (6 children) | Copy Link

Sources for each point would be useful.

[+][deleted] 9 years ago (3 children) | Copy Link

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[–]hhamama66 4 points5 points6 points 9 years ago (0 children) | Copy Link

After you cite sources, they're gonna claim something stupid like "those sources are anti feminist and therefore biased against women and promote rape culture"

[–]galtthedestroyer -1 points0 points1 point 9 years ago (0 children) | Copy Link

Can you translate this to English please? red-pill is a verb? hamster means what?

[–]the_great_ganonderp -1 points0 points1 point 9 years ago (0 children) | Copy Link

Yeah, I wonder why anyone would not take the things you say seriously.

[–]rtechie1 -3 points-2 points-1 points 9 years ago (1 child) | Copy Link

The source would be court transcripts. Do your own research. Get them and cite them.

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

I'm not the one making the claims.

[–]Shanguerrilla 6 points7 points8 points 9 years ago (1 child) | Copy Link

Thanks for that! I never really read up on his case all that much. I got tired of the sensationalism. I read a little bit (what the media allowed, where i caught it) of his explanation... and I read most of her emotive, poetic paper that tugged everyone's heartstrings.

But thanks for those copying over that user's bullet points. It really makes me rethink it. True to trampson, I'd enjoy having sources, but I'm not the judge and the case was already tried. I appreciate reading the narrative that may be true in your points and can understand how it 'might' be as true as what was paid for, bought, and sold in the court of public opinion.

Either way, I think policy changes that leapfrog benefitted from this case are entirely bullshit.

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

I think our the issue is that the definition of heterosexual sex is essentially men doing stuff to women.

The problem this causes is that any dually non-consensual, if you can even call it that (e.g. Intoxication), sex will appear to have the male as an explicit aggressor because he'll be the one doing an action at all.

[+][deleted] 9 years ago (9 children) | Copy Link

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

First, why are you equating .12 to .171? Wikipedia agrees with your ratio anyway though.

  • I'm using .23 because that's the closest I could get on the chart.
    7 drinks for this man to be around .17. 10 drinks to be around .23. for a woman 100 lbs. to 200 lbs. it would take 5 - 10 drinks respectively to be at .23. 6-11 drinks for her to be at .26.

He would have had to drink 150% more in order to be as drunk as her. It's funny that people use this comparison to say that she was the victim. I see that he was more responsible with his drinking than she was. What's important is that the difference between them doesn't matter. They were both too intoxicated to consent. They each drank too much. That's what matters.

[–]FastFourierTerraform 0 points1 point2 points 9 years ago (4 children) | Copy Link

You can't directly compare intoxication across two people and two bacs. It depends on each person's body chemistry as well as things like if they had eaten enough that day. However, it would be fair to say they were both drunk (both twice the legal limit) and fairly seasoned drinkers. Her BAC was what freshmen get taken away in an ablulance with... it's not too far off from the ld50. For your body to be able to handle that, you're no stranger to getting tanked.

[+][deleted] 9 years ago (2 children) | Copy Link

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

Which is unfortunately only a vague proxy for intoxication, which is what this law is in reference to. I've played around with a quite expensive breathalyzer, and while it seemed to track one person's intoxication throughout the night quite well (more beer -> bac goes up -> feel more drunk), it was essentially useless between people. You can be .06 and barely able to walk, or be .2 and seem fine, depending who you are.

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

That and she was significantly older than him / had more body fat. This guy was a swimmer, he was super lean.

[–]rtechie1 -1 points0 points1 point 9 years ago (1 child) | Copy Link

You edited out this bit:

Jane Doe's blood alcohol concentration was measured in a hospital several hours after the assault at 0.12%, and doctors estimated her intoxication level at 1 a.m., the estimated time of the assault, to have been around 0.22%,

So that 0.22% is just an estimate, the measured level was 0.12.

Point being that he was intoxicated, at approximately the same levels she was, but she wasn't charged with anything.

[–]ZyxStx -1 points0 points1 point 9 years ago (0 children) | Copy Link

The whole case sounds fucking ridiculous, as if her own sister would testify against her just because.

Regret doesnt count as non-consent. Otherwise they should just ban alcohol as illegal since it's the doorway to rape.

[–]aesopstortoise 11 points12 points13 points 9 years ago (2 children) | Copy Link

If you read the text of the bill, link in the article, I think you'll find that it doesn't go beyond prohibiting probation for those found guilty in this sort of case. I couldn't find anywhere where it gave an actual length of time to be served.

[–]AnomalousAvocado 4 points5 points6 points 9 years ago (1 child) | Copy Link

Does it require registering as a sex offender? Because forget the direct punishment imposed by the state, if you have to do that or simply have any sort of sexual assault on your criminal record, regardless of the circumstances surrounding it, any opportunities you may have had in life will essentially evaporate and you will be unemployable forever.

[–]aesopstortoise 6 points7 points8 points 9 years ago (0 children) | Copy Link

I didn't see any mention of that, but I would assume that registration as a sex offender would be automatic on conviction. The bill seems to be a response to a single crime, which is always a dubious way of making law.

[–]HeForeverBleeds 19 points20 points21 points 9 years ago (0 children) | Copy Link

So a state literally changes it's laws to put guys like him in jail for an even longer amount of time, and yet feminists still like to use his case as evidence that we live in a rape culture that doesn't take men raping women seriously...

[–]trampson 17 points18 points19 points 9 years ago (1 child) | Copy Link

rapists like Brock Turner

Can you sue for this kind of thing? He wasn't convicted of rape, yet this is plastered all over the media.

[–]lmicro70 2 points3 points4 points 9 years ago* (0 children) | Copy Link

California protects the rights of free speech with Anti-SLAPP law. This free speech includes the right to call the police, make a complaint, testimony in court, etc. You might be arrested for that complaint and the decision to prosecute based on that complaint is up to the District Attorney. Defamation, slander, libel and similar civil complaints resulting from the initial complaint are not possible as a result of Anti-SLAPP. I believe the purpose of Anti-SLAPP is to protect the citizens from fearing repercussions from filing complaints. In my opinion it doesn't protect the accused from the accusers and allows them the right to some recourse for false accusations.

Malicious Prosecution is one exception to that rule. The statute of limitations on malicious prosecution in California is 2 years. It's my feeling that we'll be seeing a lot of those lawsuits coming around with the recent MRA interests which are long overdue.

SLAPP stands for Strategic Lawsuit Against Public Participation. A malicious or frivolous lawsuit that chills speech is the SLAPP; the statute employed against it is the anti-SLAPP statute, and the motion under the statute is an anti-SLAPP motion.

I'm not an attorney but that is what my research has led me to believe based on my own personal experience, specifically relating to false accusations of domestic violence which my ex used as a method to gain an upper hand in our custody battle.

[–]JackBond1234 2 points3 points4 points 9 years ago (0 children) | Copy Link

Mmmm this will all come back to the patriarchy, I guarantee it.

"He's telling me what I can and can't drink and withholding sex unless I obey!"

[–]JayBopara 15 points16 points17 points 9 years ago (1 child) | Copy Link

This truly is Orwellian culture. Where the feminists and white knights have conspired to create a situation where any woman who is intimate with a man can have that man placed in jail. White men are the new black men - dangerous sexual predators who must not be allowed access to female flesh.

[+][deleted] -8 points-7 points-6 points 9 years ago (0 children) | Copy Link

wake up black and then tell me that some twat is not going to be able to use this against you a whole lot easier. this whole "war on white men" is bullshit because IT IS FUCKING WHITE MEN WHO HAVE TO ENFORCE IT.

[–]EduBA 5 points6 points7 points 9 years ago (1 child) | Copy Link

The law includes

oral copulation if the victim was either unconscious or incapable of giving consent due to intoxication.

How many drunk men in California will be given head in the first hours of next January 1? Should them denounce their partners?

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

If you are drunk enough to be incapable of giving consent you are unlikely to be able to feel anything much in your dick anyway. Incapacity does not just mean drunk, or very drunk.

[–]Florinator 2 points3 points4 points 9 years ago (0 children) | Copy Link

In general I am opposed to more mandatory minimum sentencing, but in this case it's alright.

What a tool!

[–]VLXS 2 points3 points4 points 9 years ago (0 children) | Copy Link

Based on how much damage alcohol causes to the human body, it should be illegal anyway! Oh wait, we already tried that and it led to Al Capone.

[–]prominentmuggle1 2 points3 points4 points 9 years ago (0 children) | Copy Link

The sad thing is that this is better than the alternative, which is that if you have sex with a girl that's drunk, even if you're both drunk, she can claim that you raped her and jurys will let her win it. Women who cry rape when they really just don't want to take responsibility for their decisions are as bad as actual rapists.

[–]jeff_the_nurse 2 points3 points4 points 9 years ago (0 children) | Copy Link

Is drunk consensual sex with men illegal, too? Or is this not equality?

[–]alecesne 2 points3 points4 points 9 years ago (1 child) | Copy Link

The problem here is the lack of numerical criteria of what qualifies as "intoxicated". Without clear external thresholds, how do you know when you've assumed liability?

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

Intoxication is personal, it would not be useful to define it by BAC.

Incapacitated by intoxication is a lot more than just drunk. At that level it is common to have things like memory blackout, vomiting, staggering, slurring.

Most men will lose the ability to get an erection long before they become incapacitated beyond consent.

Even so, none of those things is hard evidence of being beyond consent.

The law does not try to protect people against the fact they may act very differently and make bad choices when drunk. Drunk consent is still consent, according to both UK and the US law that I have seen. Maybe some states are tighter.

[+][deleted] 9 years ago* (3 children) | Copy Link

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[–]Hedhunta 0 points1 point2 points 9 years ago (2 children) | Copy Link

uhh.. if its a law they could and will arrest and sentence whoever the fuck they want innocent or not. Now all a woman has to do is claim she was drunk and now the man goes to jail mandatorially because there is no way to prove she wasn't.

[+][deleted] 9 years ago* (1 child) | Copy Link

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

Part of the issue is that now a miscarriage of justice means jail by default. I'd also like to remind you that Mark Pearson was brought to court for an assault that could literally not have happened and Gregory Alan Elliott for arguing with a woman on Twitter. I'd also like to remind you of the over one hundred cases of men having their futures demolished in college based exactly on the premise that some girl said they commit a crime. One such case involved a blackout drunk man who was blown by a woman, then expelled two years later when she filed a complaint. And of course all the high profile cases that later turn out to be absolute rubbish. I appreciate the optimism, but this is not a balanced system.

[–]HyenaBloke 6 points7 points8 points 9 years ago (1 child) | Copy Link

"Penetrative sexual assault"? This has deluth model written all over it. Just wait till a woman gets a guy drunk and rapes him, then has him sent to prison under this legislation.

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

A law based on penetration, as rape laws generally are, does not mean the man is automatically the perp. Depending on jurisdiction the law may be about who initiates the penetration. That's the case in Australia, I have heard conflicting stories about the US.

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

Having sex with an intoxicated person is not illegal; raping or sexually assaulting someone when they are drunk, unconscious or otherwise incapacitated to give consent has now been given a mandatory minimum punishment (so that whether a man or woman is the perpetrator, they MUST serve a minimum sentence).

This isn't a law stopping people from having sex if drunk...

[–]lmicro70 0 points1 point2 points 9 years ago (1 child) | Copy Link

Nah, but it just opens up more opportunity for false accusations with serious repercussions.

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

IMO I think it's the opposite, it opens up more opportunities for serious repercussions. I don't think more people are going to start reporting these crimes because of the change in law, irregardless of whether those reports are true or false.

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

I am not going to get into the right or the wrong or pros/cons of having minimum sentencing, but even I can see in a 15 second scan of this bill that it does nothing to change the legal definition of what is or isn't rape, it simply enforces a minimum sentence once convicted. Very misleading title on this post.

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

Post titles that misrepresent the content are a specialty of MensRights. I don't know if there is a worse sub for doing that.

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

The last Friday of September ought to be No-Man-In-Bar Day in California as a means to repudiate this law.

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

Mandatory minimum sentences fall under the category of "court stripping laws".

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

can we just give the "nuts" California and we get the rest and just conciser it the "special" state.

[–]mspk7305 1 point2 points3 points 9 years ago (2 children) | Copy Link

What if both were drunk? What if she was less drunk? What if only he were drunk?

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

Drunkenness of the perp is never an excuse regardless of how drunk you are. You are tried as if sober. The theory is that when you choose to get drunk you choose to take responsibility for whatever bad decisions you make.

I don't think you would want to live in a world where criminals could escape conviction by claiming they were drunk, or by actually being drunk.

Drunkenness of a victim is only relevant in law if they are drunk out of their mind, i.e. they are not capable of consent. Nobody is taking away your right to enjoy drunk sex.

[–]mspk7305 0 points1 point2 points 9 years ago (0 children) | Copy Link

I don't think you understand the context of the question

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

If I wasn't gay already, I'd say that this sort of thing is oppressive.

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

Pretty misleading title...

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

when this news gets about, plenty of guys arent gonna risk it, there is gonna be plenty of drunk woman feeling rejected.

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

Huffington Post two years later

Where have all the men gone?

insert obnoxious whining by ailing feminist academic about how she's amazingly attractive and men won't talk to her in bars and this is the fault of patriarchy

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

so how am I supposed to know if the chick is drunk? give her a breathalizer test? When I'm drunk, everyone seems sober to me. That or I don't know or give 2 shits, cuz I'm dru-uhhh-unk. Woooooooohhh.

[–]Zero4505 1 point2 points3 points 9 years ago (1 child) | Copy Link

Guy: Hey I see you are drinking a coke want to come back to my place for some fun.

Girl: it's Jack and Coke and sure I am game.

Guy: Oh i am sorry if that's jack and coke then I'll have to pass. You are not capable of making sounds decisions.

So at what point will this protested as a way for the system keeping women down?

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

I'd love it if that was the overall reaction to this law. I can just hear the feminist whinging now.

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

Ban alcohol at that rate. At least it wouldn't be sexual discrimination

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

Holy fuck, this is actually astonishing. I mean this is beyond parody. I'd say probably 80% of consensual heterosexual sex in the western world involves alcohol. Alcohol and sex are so culturally intertwined and inter-dependent that where you find one, you find the other. These maniacs are basically trying to destroy western society.

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

I'd say it is more likely to be the other way, 20% not 80%. Sober people enjoy sex too.
But the law does not prohibit drunk sex. Being drunk beyond consent is a long way beyond just happy drunk.

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

Is this law going both ways? Atleast on paper?

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

This isn't the solution to the problem stated in the first sentence of the article. That rapist's rich dad got him off the hook. Getting judges out of other people's pockets is the solution. Ending corruption is the solution. Not this.

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

Look on the bright side. At least this discourages men from fucking drunk sluts, getting them pregnant, and ending up paying 18 years of child support. Has California really thought this through? The state gets a big chunk of that child support money too you know.

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

So I guess this is an unpopular opinion, but I feel that even when both parties are consenting during sex, if they are drunk, they are not truly consenting. Teg cannot make proper decisions. Alcohol impedes your judgement. Now, obviously, the law is targeting men, and this is wrong. I don't know how they would charge both parties for rape in this instance - perhaps some kind of lesser charge. I just don't think that drunk SE is consensual sex. Also...using the Brock Turner case to argue the point? Not a good idea. The guy is a clear, real misogynist and his father is even worse.

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

The new law doesn't say what the headline here says. The act does not change the substantive crime of rape--it doesn't make intoxicated sex illegal, it imposes a mandatory sentence for rape that's already on the books.

The real question is: since when do liberals (the sexual grievance industry is liberal) insist on mandatory sentences? Answer: when the target of their sentences is young men.

[–]TejrnarG 2 points3 points4 points 9 years ago (0 children) | Copy Link

I thought it already went nuts, but TIL it can always go more nuts!

People in cali should protest against this. If this spreads to other states and countries then good night ladies and gentlemen!

[–]chaircushion 1 point2 points3 points 9 years ago (2 children) | Copy Link

Non American. Does this go both ways? So, if a woman takes advantage of an intoxicated man, will she be put in prison too? What if both were drunk? Will they both be put away?

Anyways, for you it's just one state. You don't HAVE to live there.

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

American. No she won't. Men can't be raped apparently.

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

There was a story on r/relationships about a guy with his wife in a restaurant. A strange woman walked to his table, threw a glas of water into his face and disappeared into the night. Leaving his wife thinking he cheated.

Some women in the comments explained that this could have been a dare between girlfriends to get a stranger into trouble with his wife.

The next 'fun' game could become getting someone convicted of rape.

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

Cue article from angry tumblrist about how there's no guys to pick up at bars anymore. #mustbepatriarchy

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

They're basically saying that women are like children at this point. This is as much a women's issue as it is a men's issue.

[–]Hectorseventeen 2 points3 points4 points 9 years ago (0 children) | Copy Link

Why is it legal for women to drink alcohol anyway? Maybe some aspects of sharia law can be woven into western law? If we can control their alcohol and drugs intake and regulate what they may wear, life will be a lot safer for men. We need to put the safety and welfare of men and boys before that of women.

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

The Red Pill has been warning about this for awhile and now right on schedule - its happening. I dont understand where theres so much water between these two groups. You're both in the same sinking ship, together. Now men can officially go to prison when a woman wants to clear her reputation of "regret sex".

[–]emperorhirohito 1 point2 points3 points 9 years ago (3 children) | Copy Link

Sooo under the new law if a women is "drunk", an utterly subjective idea, she is incapable of deciding to have sex. This is in response to a man not being sentenced long enough because he had sex with someone who was unconscious (which is already against the law) while he was completely drunk and thus, by the laws internal logic, incapable of consenting to sexual activity thus committing the act of rape on two people, one of whom was him.

So in answer to a rich person getting off a crime in an already utterly illegal manner the State of California has decided that if I and my girlfriend come and visit, go to a restaurant, have a meal, split a bottle of wine, go back to our hotel and have utterly consensual sex it can arrest me, charge me with a crime slightly more vile than murder in the eyes of the public, find me guilty (because it can decide how drunk is drunk and the media will call for literally any alcohol in your system being called drunk), and put me in prison forever.

Whereas if we decided to go on holiday to Germany my girlfriend could be raped by a so-called "refugee" and I'd be racist for wanting him to be charged.

Or we could stay in Britain where she already would have been raped when she was young if she lived in Rotherham and the men who had done it would be protected by both the police and our most powerful left wing politician party.

Fuck the left. Fuck feminism. Fuck multiculturalism. Fuck all the institutions, bodies, journalists, commentators, so-called academics and know-nothing journalists that have frog marched the western world back to the dark ages because minorities and women earn tuppence on the pound less than white men. You have done your best to destroy the greatest society mankind ever achieved. I only hope men like Trump and Farage and De Wilders will finally stop government listening to you and put us back on track to civilisation. Otherwise we'll end up in some dark dystopian future being forced to choose between Putin and ISIS, and I know what my choice would be.

[–]off_the_grid_dream 2 points3 points4 points 9 years ago (2 children) | Copy Link

No. This bill is saying that "I was too drunk to know it was assault" is no longer a possible excuse. No gender was attached to the bill. This place is getting as bad as tumbler with people jumping to conclusions and making up shit.

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

No gender was attached to the bill.

Yes, but certain laws affect certain demographics in higher numbers such as sex crime law affecting men more.

[–][deleted] -1 points0 points1 point 9 years ago (0 children) | Copy Link

Uh, but that's completely illogical. So the law now claims that if a person is drunk, they cannot consent to sex, but they can consent to sex.

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

by extending automatic denial of probation to individuals who commit any penetrative sexual assault

That's certainly one way to make sure that the law is not gender-neutral.

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

No butt stuff, must acquit.

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

I would think this would lead to an upswing in prostitution.

[–]9279 0 points1 point2 points 9 years ago* (3 children) | Copy Link

Hold on. Thelaws made drunk sex a crime all together right. Isn't that kind of a good thing? Now women will have automaticallybrole the law too. It makes women accountable in a way.

But it also could scare rape victims who were drunk from coming forward out of fear.

I just think were jumping to conclusions. This laws could help men.

[–][deleted] 0 points1 point2 points 9 years ago (2 children) | Copy Link

I admire your optimism, but there's just no way a woman would ever be charged under this bill. It's unthinkable.

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

I disagree, there will be a woman charged, at which point convoluted arguments will come out to exonerate her which would not be applied to men. It's also possible a woman will be charged with having drunk sex with another woman.

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

OK, yeah, women may be charged but at most they'll receive a suspended sentence.

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

If enough of a ruckus was made, could somebody higher up (Congress, the President etc.) go LOL NO! and over turn this? And before anybody mentions it, yes I know I am simplifying it a lot, but I know nothing about American politics.

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

It might get struck down on constitutional grounds. Via the "necessary and proper" clause.

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

Buzzed sex is drunk sex...buckle up its the law

[+][deleted] 9 years ago (3 children) | Copy Link

[permanently deleted]

[–]Trail_of_Jeers 0 points1 point2 points 9 years ago (2 children) | Copy Link

Nothing, probably. After all, he probably wanted it.

[+][deleted] 9 years ago (1 child) | Copy Link

[permanently deleted]

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

Society believes men can't be raped. So nothing happens to the woman.

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

Welcome to California.

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

Is there any way this can be challenged in federal court on constitutional grounds? This law doesn't seem like a constitutional violation, but I hope there's some way to get this overturned.

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

Stupid!

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

We need a site like fakehatecrimes that documents how many men are arrested for this and how many women are, just to prove the law is discriminatory in its actions.

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

What do you expect, it's California.

[–][deleted] 0 points1 point2 points 9 years ago (3 children) | Copy Link

Meanwhile, next month at the local bars..

"Where are all the men?? This bar is just another clamfest!"

[–]bumbuff 0 points1 point2 points 9 years ago (2 children) | Copy Link

Every bar turns into a sports bar. And not some hybrid, i'm talking full on sports-bar with no events to encourage women to visit or men to get riled up on women.

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

Nah, women go to sports bars

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

Yeah. But with their friends for a friendly beer. Not dressed up in short skirts to get laid.

It might happen, but less chances.

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

Note to self: Never go to California ever. Not even for E3. Their wacky kooky laws will have you doing 25 to life for so much as parking the wrong way.

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

Simple solution is simple: never have sex while sober. BAM! Good old Mutually Assured Destruction.

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

Look on the bright side. At least this discourages men from fucking drunk sluts, getting them pregnant, and ending up paying 18 years of child support. Has California really thought this through? The state gets a big chunk of that child support money too you know.

[–]kerrielou73 0 points1 point2 points 9 years ago (1 child) | Copy Link

As a feminist this really really bothers me. I also don't like the concept that at a very advanced point in the encounter a woman can decide not to and it's rape. I mean, it's wrong, but if you''re already in the act that is a tall order to stop. I am sure it is difficult to draw lines, but women also need to be held accountable and if the male is also intoxicated than that should matter as well. If her blood alcohol is bordering on unconscious and his is such he can still legally drive, then yeah, that's obviously rape. If they are both barely cognizant of what is happening then why should he be held to a higher standard? Drunk people are drunk and do stupid stupid things, but the level of intoxication should matter for BOTH parties.

I also think we have overly inflated the idea of rape in this country. Yes it is horrible horrible horrible, but is it more horrible than having your kneecaps broken? Does it have to be this life ending experience. I think your age and life experience matters. I can tell you at 20 and a virgin being raped would have been up there with being murdered to me. At 44 and having had 4 kids if I had the choice to have my kneecaps broken or get raped I'd choose rape. I'm sure that will raise some hackles, but at some point it's just assault and not some very very special assault. I do get it that it is different for every woman.

I feel like the whole virgin\whore concept is making this issue worse. If woman weren't so slut shamed or their chastity put up on a pedestal, maybe we wouldn't be so over the top nuts about rape. Maybe it wouldn't be this shameful thing you have to hide. Maybe it could be prosecuted like the assault that it is, instead of this extra very special thing, because is it? How much worse than a broken arm is it? Well, I imagine it depends and has depended on my stage in life.

Anyway, just thinking out loud. My sis was raped when partially unconscious and he was really fucked up too. She felt really violated and weird for quite awhile, but did not go to the police. I think she recognized she was at least somewhat culpable in being alone in a bedroom so fucked up with a guy also really fucked up. I hate hate hate slut shaming and this idea if you dress a certain way you're asking for it, but there has to be at least some accountability on the other side.

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

I guess you are right about age, but rape is very much something that happens to young women. The median age for a woman's first rape is I think 18 in the US, or maybe it was before the 18th birthday. Risk builds steadily from 13 and peaks between 17 and 19. By 25 the risk has dropped greatly.

I agree the slut shaming and virgin/whore thing makes it a lot worse. Trauma victims of all types are known to be susceptible to grotesquely disproportionate shame and guilt for the slightest wrongdoing or failure to take all precautions on their part. Changing the culture around this stuff would help victims.

[–]kerrielou73 0 points1 point2 points 9 years ago (0 children) | Copy Link

Rape should be treated as assault, because that's what it is. It's assault of the vagina, not necessarily a very extra special assault. By treating it as such we are reinforcing for the victim that it is this terrible life altering thing that is shameful and has to be hidden. Go get a rape kit and prosecute the guy for assault, because that's what it is. Treating sex differently for women than for men is what makes rape so traumatic for the victim. This would hold true for male victims of rape as well. When it's this life ruining thing you have to be ashamed of forever and ever altered that's where the problems really start.

This law is reinforcing female fragility and specialness. If women want equality then rape is just assault and that goes for boyfriends and husbands as well. I know they sometimes have a hard time with intercourse after knowing another man has been in there. Well that would also have to stop. It's assault so lets treat it as what it is and stop making it this over inflated thing only women experience (I know men do to, but outside of prison at a much lower rate). Instead of imagining what you would feel like if gang raped and experiencing it like we do as a virtually life ending event, maybe we could begin to deal with it rationally and more rapists would be prosecuted, because it wouldn't be so under reported.

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

Intoxication=automatically means unable to give consent?

What a load of fucking shit.

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

It takes an extreme level of intoxication to make you so incapacitated that you can't consent. Nobody is taking away the ability to enjoy drunk sex.

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

So wait, if a drunk woman pushes sex on a drunk man... she can then say she was raped?

[–]McGauth925 0 points1 point2 points 9 years ago (0 children) | Copy Link

The usual sexist bullshit that only the men will be charged and found guilty.

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

“The consequences of sexual assault needs to be severe enough that people feel enough fear to exercise good judgment even if they are drunk, severe enough to be preventative.”

You know what... that's kinda what we've been saying all along.

"Sexual assault" should not be a watered-down "he looked at me funny" crime, it needs to be severe enough and unambiguous enough that potential victims feel enough reasonable fear to exercise good judgement even if they are drunk... severe enough to be preventative.

I mean, maybe if we stopped pretending "hookups" were responsibility free, risk free occasions, less women would engage in them and thus not feel the trauma, shame, and stress of morning-after regret.

(And honestly curious here; if drunk consent is invalid and thus rape, and women live in constant state of fear due to an alleged culture of rape, why do women voluntarily engage in so much drunk sex?

If we lived in a culture of pot-dealerships, where every time you toked there was a very real risk of getting forced into buying a car you cannot afford, and society tacitly endorsed this because it is miscannabist against potheads and thinks they deserve it... wouldn't we see at least a dip in the number of stoners walking into dealerships every day "just browsing" as they wised up to how much abuse and sanctioned violation of their rights they were getting there?)

OH GOD WHAT A MISOGYNISTIC RAPE APOLOGIZING MONSTER AM I TO IMPUGN WOMEN'S FREEDOM OF SEXUALITY BY SUGGESTING WOMEN SHOULDN'T GET SHITFACED AND THEN FUCK A RANDOM GUY.

Besides, that quote only applies to drunk men, duh.

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

if women can no longer be responsible for when they drink....perhaps they should not be allowed to drink...just like children. also ...how intoxicated? one drink? two? how is the man to know if she had a drink? woman has a drink, goes to mans apt, has sex... if she was intoxicated does he go to jail? even if he had no idea?

[–]rg57 0 points1 point2 points 9 years ago (0 children) | Copy Link

If I had any California wine, it would now be down the drain.

There will be no California rape juice in my home.

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

doesn't affect me. i avoid drunk girls like the cancer they are.

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

A visitor to this sub would find it strange that everybody seems to regard sex as something that is only possible when people are drunk, and also that people with such a reliance on drunk sex are so clueless about the difference between 'drunk" and "so drunk as to be incapable of consent".

Personally, if a woman doesn't want to fuck me sober then I wouldn't want to fuck her drunk or sober.

[–]Daktush -1 points0 points1 point 9 years ago (0 children) | Copy Link

/r/rage

[–]Trident1000 -1 points0 points1 point 9 years ago (0 children) | Copy Link

This is what liberals do. They are out of their minds.

[–]Theccpalestine -1 points0 points1 point 9 years ago (0 children) | Copy Link

They just need to make it illegal for women to consume alchohol. Since they obviously can't handle it.

[–]XXX-XXX-XXX -1 points0 points1 point 9 years ago (0 children) | Copy Link

Wasn't butt sex illegal in the the us recently? You guys will make it work.

[–]feedmecarrots -1 points0 points1 point 9 years ago (0 children) | Copy Link

Is there any piece of anti-,male legislation that Jerry Brown won't sign? It is time for men to boycott California and, if they live there, vote with their feet.

[–]TimRattayGotScrewed -1 points0 points1 point 9 years ago (0 children) | Copy Link

Last I checked, the law says "incapacitated," not "intoxicated." Just bad writing.

[–]General_Fear -1 points0 points1 point 9 years ago (0 children) | Copy Link

These laws are a pure double standard. So a man is held responsible for his decision while under the influence of alcohol. But she can't be held responsible for the same behavior. Now here is the kicker . . .

If she gets behind the wheel of a car, she can't use the excuse that she was drunk and did not know what she was doing. If she drives while drunk she will be punished.

So a man is responsible for his behavior no matter what. Same goes for the women, unless she has sex. If she has sex while under the influence she can't be held responsible. What???

[–]conspiracy_thug -2 points-1 points0 points 9 years ago (1 child) | Copy Link

What the fuck how is this even possible none of us voted on this

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

Are all your laws passed by referendum or something?

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

Doesn't this set some kind of precident where drunk driving is now temporary insanity for women?

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

Keep voting Democratic, and laws like this will sweep the entire fucking nation.

[+]Noleaveforbirth -7 points-6 points-5 points 9 years ago (1 child) | Copy Link

This is a discriminatory law. The law need s to be changed so that it is illegal for a man or a woman to have Sex while drunk, consenting or not.

[–]trampson 4 points5 points6 points 9 years ago (0 children) | Copy Link

3-post troll account gonna troll

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