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Oxford Union Rape Case Shows That Consent Is Never Black and White
The Telegraph ^ | 30 Jun 2014 | Claire Cohen

Posted on 06/30/2014 9:05:18 PM PDT by nickcarraway

The sorry tale of Ben Sullivan only serves to show how complex the issues surrounding rape allegations have become, writes Claire Cohen

Last week, the 21-year-old president of the Oxford Union was cleared of all charges against him – having been accused of the rape, and attempted rape, of two students last year.

Now, leaked documents appear to show one of the women admitting online that their encounter was ‘consensual’, almost a year before Sullivan’s arrest.

It’s tempting to see these leaked documents as containing a tacit admission of consent. But that would be an over-simplification.

Yes, the woman seems to agree with Sullivan that sexual intercourse took place. But that isn’t the same as consent. Nothing about it is black and white.

As a general proposition it’s vital to remember that rape doesn’t always look like rape. Sometimes, what looks like consensual sex can be rape. And even if you’ve had a consensual relationship with someone in the past, it doesn’t mean it can’t be rape either.

More than one in five women is raped by their husband, or partner. This should dispel the myth that rape involves being dragged down a dark alleyway at knifepoint. Such cases do, of course, occur but don’t constitute the majority of trials. Most rapes happen in the home - often between two people who, on the surface, might appear consenting and agree that intercourse did take place. The issue is one of consent and there is nothing ambiguous about a woman’s rights to give or not give her consent at any time. Where ambiguity may arise is whether on particular facts, sex was consensual or not. The principle is clear, the difficulty emerges in application.

There are multiple shades of grey; some not even apparent to the accuser.

(Excerpt) Read more at telegraph.co.uk ...


TOPICS: Crime/Corruption; News/Current Events; United Kingdom
KEYWORDS: rape; raperape
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1 posted on 06/30/2014 9:05:18 PM PDT by nickcarraway
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To: nickcarraway
More than one in five women is raped by their husband, or partner.

B.S.

2 posted on 06/30/2014 9:06:34 PM PDT by Jeff Chandler (Conservatism is the political disposition of grown-ups.)
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To: nickcarraway

Oh for pete’s sake. Never in my life (and I am no spring chicken) have I been in the position (ahem) where I wasn’t entirely sure if I was consenting. This girl is too dumb to have sex. Toss her in a convent and be done with her.


3 posted on 06/30/2014 9:10:23 PM PDT by A_perfect_lady
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To: nickcarraway
There are multiple shades of grey; some not even apparent to the accuser.

You mean like if a black teenager on drugs is pounding the head of a white guy on the pavement and telling him that he's going to kill him, there are multiple shades of grey that are not even apparent to the accuser, and therefore no self-defense should be used because the only way to be sure that murder was actually taking place is by... being killed?

Unless, of course, it's a woman, in which case the way you felt as you drove by on the freeway when you looked at a "male" justifies you calling in a SWAT team to fire a missile at him from a drone and enable you to feel "safe"?

Those kind of grey areas, b@tch?

4 posted on 06/30/2014 9:11:39 PM PDT by Talisker (One who commands, must obey.)
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To: nickcarraway

Paging whoopi; is it rape or rape-rape?


5 posted on 06/30/2014 9:11:59 PM PDT by Michael.SF. (I never thought anyone could make Jimmy Carter look good in comparisons)
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To: Talisker

Snicker snicker


6 posted on 06/30/2014 9:13:20 PM PDT by Ray76 (True change requires true change - A Second Party ...or else it's more of the same...)
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To: Jeff Chandler

More than one in five women is raped by their husband, or partner.


That stat always cracks me up. How can a husband rape his wife? Her body is not her own, but her husband’s also.

Rape is, by definition, non-consensual. But she gave consent when she made her vows. And it should be mutual.

I speak as a man who’s wife refused sex for 14 months before she divorced me. In counseling she accused me of sexual abuse (a preposterous claim but not germane here) and the counselor said, “you know, withholding sex is also a form of sexual abuse.”

She refused to go any more.

Meanwhile, my second wife and I just celebrated our 16th anniversary and the honeymoon never ended. It became a new life of marital bliss that I honestly thought was only real in chick films and fiction.


7 posted on 06/30/2014 9:14:52 PM PDT by cuban leaf
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To: cuban leaf

Too much information.


8 posted on 06/30/2014 9:16:03 PM PDT by Jeff Chandler (Conservatism is the political disposition of grown-ups.)
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To: nickcarraway

I think what a lot of this gray-area stuff comes down to is “misgivings” after the fact.


9 posted on 06/30/2014 9:19:47 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Jeff Chandler; cuban leaf
Maybe too much information, but nevertheless courageous of cuban leaf to outline the specifics. He is quite right that consent is given when marital vows are exchanged and would need to be revoked with divorce if said consent is to be revoked.

That being said, no spouse will force the other unreasonably or violently if the bonds of marital trust are to be maintained. Likewise, no spouse will unreasonably withhold from the other for the same reason.

10 posted on 06/30/2014 9:22:37 PM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: nickcarraway
Oxford Union Rape Case Shows That Consent Is Never Black and White

Actually it is.

Did you agree to go to bed together or did you protest and try to get away?

In the first case there was consent. In the second there was not.

I have noticed that liberals have a pathological desire to make things that are simple and clear complicated and messy.

11 posted on 06/30/2014 9:23:26 PM PDT by Harmless Teddy Bear (Proud Infidel, Gun Nut, Religious Fanatic and Freedom Fiend)
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To: Jeff Chandler

Too much information.


Yeah. I always feel the need to back up my “you can’t rape your wife” comments because a few people come unglued sometimes when they read it.

By unglued, I mean in the same vein as the comments from liberals about the hobby lobby decision. ;-)


12 posted on 06/30/2014 9:23:28 PM PDT by cuban leaf
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To: cuban leaf

You said ... “That stat always cracks me up. How can a husband rape his wife?”

You may not be aware of it, but there is law out there saying that this can be done and men have been convicted in a court of law. It’s a definite fact.


13 posted on 06/30/2014 9:23:47 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Vigilanteman

That being said, no spouse will force the other unreasonably or violently if the bonds of marital trust are to be maintained. Likewise, no spouse will unreasonably withhold from the other for the same reason.


Therein lies the key. Thank you.


14 posted on 06/30/2014 9:25:35 PM PDT by cuban leaf
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To: cuban leaf

“That stat always cracks me up. How can a husband rape his wife? Her body is not her own, but her husband’s also.”

Great to meet a fellow knuckle dragger.

I experienced the same wonderful marital bliss that you speak of until I cut up the credit cards. I often wonder if there was a connection.


15 posted on 06/30/2014 9:25:45 PM PDT by Foundahardheadedwoman (God don't have a statute of limitations)
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To: Star Traveler

You may not be aware of it, but there is law out there saying that this can be done and men have been convicted in a court of law. It’s a definite fact.


Yes. I know that. I’m talking about my own sensibilities vs the law of this land. Remember, the law of this land says the obamacare penalty is a tax. :-D


16 posted on 06/30/2014 9:26:43 PM PDT by cuban leaf
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To: Jeff Chandler

Consent today, regret tomorrow.


17 posted on 06/30/2014 9:27:06 PM PDT by drunknsage
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To: Foundahardheadedwoman

Probably. It’s a subtle narcissism.


18 posted on 06/30/2014 9:30:08 PM PDT by cuban leaf
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To: cuban leaf

Just to make it clear so nobody gets the wrong idea here ...

— — —

Marital rape, also known as spousal rape, is non-consensual sex in which the perpetrator is the victim’s spouse. It is a form of partner rape, of domestic violence, and of sexual abuse. Marital rape is today illegal in all 50 US states.

The legal history of marital rape laws in the United States is a long and complex one, that spans over several decades. The criminalization of marital rape in the United States started in the mid-1970s and by 1993 marital rape became a crime in all 50 states, under at least one section of the sexual offense codes. At that time, most states differentiated between the way marital rape and non-marital rape were treated. The laws have continued to change and evolve since 1993, but in some states, there still remain differences.

http://en.wikipedia.org/wiki/Marital_rape_(United_States_law)


19 posted on 06/30/2014 9:30:33 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Foundahardheadedwoman

Great to meet a fellow knuckle dragger.


Yep. I’m old fashioned, and proud of it.

When I want to get in touch with my feminine side, I reach for my wife. And she reciprocates.


20 posted on 06/30/2014 9:31:45 PM PDT by cuban leaf
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