Posted on 04/19/2013 5:12:44 AM PDT by Kaslin
And we can't have that, because it (to their minds) creates a slippery slope where their own personal perversion can be similarly questioned.
In case you're wondering, I have two daughters and am fully in favor of death penalty for "actual" rape. The only two problems are the idea of executing someone for actions that are wrong illegal only because of the POV of the "victim," and the possibility that capital punishment for rape provides an incentive to murder.
One result is that "Natural Law" reasoning, once accessible and persuasive to anybody with a reasonable familiarity with human nature, now commonly fails, at least rhetorically, because both "reason" and "human nature" strike people as being either entirely fictitious, or impositions on their liberty.
Precisely. You just explained what I think way better than I said.
You could get the same result by saying that the decisive factor is the point-of-view of the perpetrator. He knows whether the actions he's performing are acceptable to their object.
That aside, I think you've made several very going points. Another problem with the "consenting adult" standard is that there is little rational basis for limiting "adult" to any particular age. Our current legal standard says that a person aged 15, for example, is "incapable" of consenting to sexual activity, but then says that the same person is capable, if the other party involved falls into certain categories. And all sorts of things are excused simply on the assumption that both parties got some physical enjoyment or emotional benefit from it.
Given the current environment, it's hard to see where a defensible line can be drawn short of "too young to talk" or "violent physical coercion."
Only to folks in Loma Linda. You were perfectly clear, any reasonable person would immediately have made the same inference. I just used more words to say the same thing.
The violent ones do.
In this state, any accusation of rape requires corroboration, and so far as I know it always has. Nobody can be convicted of rape on the woman's word alone.
Guys never lie. /s
What side does society side on...without evidence?
This is in regards to the death penalty for rape. Are you okay with the death penalty for he said / she said?
I personally of a buddy who had sex with a chick who felt slighted later, should he die if the jury finds him guilty?
We have trials where evidence is presented, don't we?
When has the death penalty been imposed in the case of he said/ she said?
“Robbery used to be a capital crime. Until jurists started noticing that robbery victims inevitably turned up dead or disappeared without a trace.”
Several years ago a study was made on Wash. DC crime sentences. Average time served for Armed Robbery was 5.5 years. Average time served for Murder was 7.5 years.
Even a DC educated convenience store robber can do that math.
“Get rid of the witness. Much less chance of getting caught. If I do get caught it will only add 2 years to my sentence.”
Your argument does not hold water.
I’ll never be comfortable with giving the government power over life and death.
Wonderfully said.
I think it does - the penalty for murder should be death. Texas executes less than 1 person for every 100 homicides, and it's reputed to be draconian in its penal measures. China executes 1 person for every 2 homicides, and its homicide rate per capita is 1/4 of ours. It has four times our population, but roughly the same number of homicides per year.
In "legitimate" (aka bona fide) rape, there is quite a bit of physical evidence. I cannot get technical about the specific damage caused by forced rape, but it is very characteristic. Plus, in addition to the injuries to the genitalia, the victim often has other injuries consistent with being overpowered.
A woman who gets drunk, sleeps with a guy, and then claims rape because she would never had become physical with him had she remained sober does not have those injuries. A woman who is raped while under the influence of a "date rape" drug (e.g. Rohypnol) will have the genital injuries.
A true rape does leave objective forensic evidence.
A legitimate (bona fide) rape leaves physical evidence that is not generated during consensual intercourse. When a woman's reproductive organs are physically damaged, that is fairly strong corroboration of her claim of being raped.
Shades of Akins.
There are quite a number of women who enjoy highly vigorous intercourse. And even quite a few who are into being on the receiving end of the whips and chains bit.
I sincerely doubt there is any physical evidence method to distinguish between such activities indulged in consensually, and those where participation was forced.
Also, the instrument (ahem) used to damage the female’s reproductive organs is not (usually) a 2x4. I suspect it’s difficult for a rapist to do all that much damage without damaging himself in the process.
Can't buy that. If a man proceeds with sex against the consent of the woman, if she is saying no, or actively resisting him, or even not actively resisting him due to the fact that he has threatened force, then that is rape. Claiming rape after consensual sex doesn't make it rape, of course. the difference between consensual "rough sex" and rape exists in reality, not just in the mind of the woman. The rapist might confuse the two, but only as a defense for what it had done.
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