Just because she isn?t saying no doesn?t mean she is saying yes

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Sep 13, 2009
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RvLeshrac said:
Mylinkay Asdara said:
The poster the article is about depicts a woman who isn't awake laying on a couch next to a number of bottles of booze. She isn't saying anything.

The Almighty Aardvark said:
I'm sorry if any of this sounds offensive, or insensitive, and I'm not trying to blame the victim. However you should at least have the responsibility to let someone know that they are making you a victim. People can't always be expected to understand what's going through your head, if you don't want to do something to the extent that you'd feel tortured by it, then why don't you say something?!

If I'm looking at the wrong situations or reading anything wrong and the situation I described doesn't apply, please let me know. If you think I'm wrong on anything please don't just call me a mysoginist or accuse me of condoning rape, actually explain where you think I'm wrong and why I am for thinking that.
People (not just women) have a hard time sticking up for themselves when they are not conscious. A spontaneous sleep-talk "no" isn't likely forthcoming but it isn't okay to have sex with people who aren't going to be aware you're having sex with them. Period. That's just a no. Right out. Stop. Seriously, it shouldn't need this much explanation. Person asleep = can't be saying yes to sex at that moment. Easy. Done.

Okay, now that I've covered that bit... what was your question again? Why is it the person who is awake's responsibility to figure out if/when sex is appropriate? Because they are the one who is awake. Glad we could clear that up.

As for getting drunk and stupidly passing out around people you don't know well enough to know for a fact that they are going to be people who don't have sex with you while you are passed out on the couch... that's poor judgement right there. Doesn't mean it should encounter the harsh consequence of a rape, but it's damn poor judgement. Hell, if I'm around people I find even unfamiliar (and therefore potentially questionable in the judgement department) and I neglect my drink for a time - I need a new drink, because someone might have thought "gee, if I give her these pills and she doesn't say no then I get sexy time today!" which is my responsibility to watch out for, sure, but it's a creep thing that shouldn't exist for me to have to be on the watch for.
Oh, and can we stop bringing nonsensical bullshit into these discussions?

No one with an IQ better than that of a radish is going to honestly defend screwing someone who is *UNCONSCIOUS*; the problem is that there are issues of consent that go FAR beyond that. There are *existing laws*, as I detailed, that go far beyond that. Imagine a world where everyone is actually *AFRAID* to have sex with someone because they might later decide they were raped even after having said 'Yes.' That's a reality in some places. Is it a tiny number of claims? Absolutely. But the same people who defend these kinds of laws by claiming that rape convictions should require a *LOWER* burden of proof are the ones who think we need a *HIGHER* burden of proof for other violent crimes.

The campaign is a good one, but some people want to take that message WAY too far, legally.
Thank you for that, I didn't want to have to explain that I'm actually well aware of the difficulties that being unconscious provides towards speaking. That and I've already mentioned the fact that I completely missed the fact that the article was mainly referring to being passed out drunk.
 

Dryk

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The Almighty Aardvark said:
Still, that part seems unnecessary. When me and my girlfriend first had sex we didn't need explicit consent, we knew we were both okay with it. It would really ruin the spontaneity if before anything happened we had to say "Are you SURE you want to do this?" "Yes, are YOU sure you want to do this?"
I'm having the best mental image of Windows UAC ruining a shy couple's first encounter right now
 

chadachada123

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If me and you are hanging out, and I am trying to convince you to come with me to the store or the park or whatever, even if you're initially skeptical, even if you initially say no, I am not kidnapping you if you eventually give in and go to the park with me.

Similarly, just because a guy begs and pleads to sleep with you it does not mean that he is coercing you.

That said, enough with the damn rape threads. It's getting old.
 

Clearing the Eye

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Dirty Hipsters said:
thebakedpotato said:
It isn't equal. Because currently, the genders aren't equal. Don't agree? What would you think of a man who wore a dress in public?
It's called a kilt bro, and dudes who wear kilts are badass. Don't agree?

Real men wear kilts.



Samuel-mother fuckin-Jackson.
 

chadachada123

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Trilligan said:
It's funny that my post is immediately after yours, since they're tied pretty tightly in nature. Also, welcome to the Escapist, I hope you can quickly learn to use the message and quotation features.

Being uncomfortable with sex is not nearly the same as being raped, and I'm disgusted at the comparison.

Like my first post says, it's like claiming that you were kidnapped because a guy convinces you to go with him to the park, even if you are initially uncomfortable with the idea, even if you are uncomfortable with the idea while getting in his car.
 

Haagrum

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Trilligan said:
There is something very disturbing about the train of thought behind these questions.

Consent does not exist in a very gray area. When two people consent to sexual activity they both give pretty clear signs. And it seems just as clear that ANY indication of doubt or reluctance - or, hell, any vague impression at all that one party had even had second thoughts - would be grounds enough to stop all sexual activity immediately.
Pretty much, this. If someone doesn't clearly say yes, through words or actions, or is past forming coherent thought, or changes their mind halfway through, that's all there is to it. Strangely enough, since I think sex shouldn't just be about getting yourself off, this doesn't sound like an onerous requirement to me.

Also, let's be clear about what we're talking about. Misinterpreting someone's actions does not amount to a justification for doing what you want without regard to what they might want or not want. It's not consensual if someone isn't saying yes at every stage (although, and this is where problems arise, it can be verbally or non-verbally), and acquiescing or being unable to say no are both a long way from consenting.

chadachada123 said:
Being uncomfortable with sex is not nearly the same as being raped, and I'm disgusted at the comparison.
Absolutely, they're different. However, refusing to notice that your partner doesn't want sex, or continuing when they want to stop, has the potential to be very much the same. Acquiescence isn't consent - which was, I think, the point of the "Don't Be That Guy" poster.

This discussion isn't about mischaracterising conduct (or at least, it shouldn't be), and polarised comments which refuse to consider any other point of view as being remotely valid help no-one.
 

Thaluikhain

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Psykoma said:
How about

'Never have sex with someone without their explicit consent'

Pretty damn simple.
Wait, what?

...

Why did nobody think of this before?
 

Hjalmar Fryklund

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thaluikhain said:
Wait, what?

...

Why did nobody think of this before?
Because that kind of enlightened thinking is revolutionary!

In regards to the opening post:

[HEADING=1]OH GOD NOOOO!

YOU DO NOT KNOW WHAT YOU'VE UNLEASHED![/HEADING]
 

Hjalmar Fryklund

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Matthew94 said:
OT You know the way the escapist has a religion and politics subforum? I think we need one for Gender Politics.
Yup. Not only would it create a nice quarantine for us to store all these...radioactive things...into, it would also create a terrific avenue for textual blood sport! Mmmmmm...heh heh heh heh heh...

 

CommanderL

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Did I miss something what's with all the rape threads Its scares me I never thought I would miss all the me3 threads
 

DementedSheep

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The whole ?Just because she isn?t saying no doesn?t mean she is saying yes? is usually referring to when a girl is very drunk, high or otherwise impaired and not able to say no. It?s not situations like what you are describing when a person is fully aware of what?s going on and capable of making rational decisions and just didn?t technically say yes (tho you shouldn't be having sex with someone unless they are clearly ok with it either).
If someone is so out of it they can barely form coherent sentences you shouldn?t be having sex with them.
 
Sep 13, 2009
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Trilligan said:
Seriously, though, while someone who has consented reluctantly is not akin to someone who has been raped, the situation is creepy enough that it should be a massive warning flag. We should not be seeking justifications for begging or pleading or other forms of emotional manipulation in sex. We should not think it is acceptable to pressure someone to have sex against their will.

No, it is not rape. But it is still vile. And you should not be disgusted at the comparison. You should consider these behaviors reprehensible. No one should ever be subjected to such emotional bombardment that they feel they should get in that creepy stranger's car against their wishes and their better judgement. People should know that it's not okay to badger someone into going to the park when the other person would rather just stay at home because it's cold and damp outside and the park is dingy and full of litter and diseased hobos.


Okay, so I want to set something straight just in case it's being assumed. I'm by no stretch saying that the person having trying to have sex with someone who doesn't want it is in the right. All I'm saying is that if someone doesn't want to have sex they should still have the responsibility of communicating that fact. I know some people with very commanding personalities, who often without even intending it have made several girls let them put themselves in positions that they didn't feel comfortable in. The guys I'm referring to have NO idea that the people they were with were uncomfortable (I've just heard both of their sides separately and they're very different). I'm not saying they shouldn't know that, but all I can really blame them for is being too self-centered to actually see what effect they're having. One of the women told me she feels bad about the situation, not because of what she did, but because she did it when she didn't want to.

I feel like that anecdote rambled on a bit. But what I was trying to say with it is that scumbag or not, some people just aren't aware of what they're doing, and a simple 'no' would do plenty of good in getting that message across.


Trilligan said:
There is something very disturbing about the train of thought behind these questions.

Consent does not exist in a very gray area. When two people consent to sexual activity they both give pretty clear signs. And it seems just as clear that ANY indication of doubt or reluctance - or, hell, any vague impression at all that one party had even had second thoughts - would be grounds enough to stop all sexual activity immediately.

It is skeevy and creepy that this is even a question, because this is the basis for the argument that victims are guilty of their victimization because they did not resist hard enough, and that the assailant is somehow absolved of responsibility. Which is not to say that I blame anyone here for raising the question - it is no fault of yours, but rather the pervasiveness of certain detrimental attitudes within our culture (the same attitudes that give internet anons the gall to treat this topic with annoyance simply because it happens to be a talking point this week, btw); but that is a much broader topic, and not to the point.
There's a difference between blaming a victim for something bad happening to them, and saying that they should be trying to take measures to prevent it. What I am asking is why people don't. Provided you're not mute, or incapable of responding coherently, saying no is something that just about anyone is able to do. A decent amount of people actually don't pick up cues of when their attention is unwanted. While you could argue they should, I have difficulty feeling too much sympathy for someone who won't resist enough to make sure they've communicated that they don't want to do it. If you drop some money on the street, and someone sees it and picks it up before you, but you don't decide to mention the fact it's yours, I wouldn't accuse them of stealing it from you. This is a whole different matter than blaming someone for dressing in revealing clothing for provoking rape. This is a situation where someone doesn't necessarily know what they're doing is unwanted. Personally, I couldn't imagine having sex with someone who I didn't know well enough to read cues like that, but I'm not talking specifically about myself.
Which is, put simply, that while certain personal responsibility does exist for both parties, that never makes it okay for one party to continue in the face of even the most infinitesimal modicum of doubt from the other party. The existence of personal responsibility at any point in the victim's past does not make that victim magically un-victimized, nor does it in any way vindicate a sexual aggressor. And to the argument that "the [first party] isn't threatening the [second party] with anything, and that the [first party] isn't aware that [the second party] doesn't want to" - that because an unwilling partner isn't vocal enough in their resistance, they are somehow incapable of being victimized - it is at best horribly misguided and at worst a smoke-screen justification of rape by intimidation rather than physical force.
It's pretty twisted if you do that, especially if intentionally, and unfortunately that can occur in many different facets of life, not just sex. However, I didn't say anything about them not being vocal enough, I merely said vocal. Inability to read body-language aside, if you say no, you have communicated as clearly as you should need to with anyone to let them know that whatever they want to do is unwanted. One big problem with that is if someone can make not object with intimidation, it's probably not a stretch to say that there are cases where people have given consent with intimidation as well. In which case you get a "Just because she is saying yes, doesn't mean she's saying yes" situation which frankly, I don't even know how you deal with.
Furthermore, I cannot even imagine the mindscape of someone who engages in sex while so detached from their partner that they can't even tell if they're unwilling or not. Even if your partner never made a sound, there are plenty of physical and behavioral clues to give a clear indication one way or the other; all it takes to notice is a bit of empathy.
As I said above, I can't say I can either. However that's the word of a stranger on the internet, so take that how you will.

EDIT: Also, welcome to the Escapist. Amongst all of the gender politics threads I assure you that there is the rare gaming thread to be found.
 

Equality

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Sometimes I really hope the feminists get their way and sex turns into a legally documented event. A woman must state clearly exactly what she will and will not do and must accept full responsibility for choosing to have sex. Getting women to actually admit what they want should be very good for them instead of encouraging the mentality that the men have to "seduce" them so it's all the men's "fault".

At the moment women can dress provocatively ... but get outraged when someone responds to this (how dare you look at my tits ... you know, the ones I'm practically thrusting in to your face you sexist pig), she can get drunk and have sex with a man ... but even though both are drunk he remains responsible while she doesn't, she can have consensual sex ... and change her mind if something happens later such as her boyfriend finding out, she can choose an extremely dangerous and violent partner ... but in no way be held responsible for choosing that man or putting herself in that situation etc. etc.

How many men have woken up next to a woman the next morning they would never have gone near if they were sober? Can they get the woman charged with rape? No. Reverse the sexes and you can find several cases where women have had the guy arrested.

Rape is a sickening crime ... but this "grey" area which condemns and demonizes men while leaving the woman absolved of all and any responsibility needs to be changed. Women should be treated like adults not children.
 

MyFooThurTS

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thebakedpotato said:
You do have a point. Right now there's a bit of a double standard. But... alas... That is not going to be solved in our generation.

It isn't equal. Because currently, the genders aren't equal. Don't agree? What would you think of a man who wore a dress in public?
It is because we as a society continue to adhere to gender roles and currently are only starting to allow for deviation and blending from those "proper" roles that the double standard is applied. And you know what? That's fine. Humanity currently is undergoing rapid change and everything else is having to catch up. Including gender roles and sexual roles and society blah blah blah hippy bullshit.

Anyway... Yeah, there's a bit of a double standard. However until the reason why there is a double standard is fully addressed. It will continue to serve to protect folks.
White straight men don't really need much protecting. They're white. They're men. They're straight. They get all the doors opened pretty much for them. Them fucking up... Is kinda on them.
They don't quite so much get the doors opened for them any more, though, do they? Who are these active campaigners for the progress of the straight white male, seeing to it that they get theirs doors opened wheresoever they roam? No one really seems to be capable of naming these institutions which are rushing to pack their offices with white males, but we can very easily name movements, institutions, and organizations which are trying, apparently, to 'pry' apart a billion new doors for women. We can even name groups trying to close doors for men - it shouldn't matter where you live, go to a men's shelter, or men's only club, and ask them about the kinds of attention they've been getting from women's rights groups and from legal institutions. There would have been at least one attempt to shut the organization down, and you've damn-Buckley's chance of finding a men's only gym. Note that white heterosexual males are second only to white LGBT males (my tribe) in suicide rates. It's statements exactly like yours - in fact yours is the slogan precisely - of 'It's on them' that are creating this enormous distress. Where the hell do they get a chance to vent without being guilted by this endless mantra of 'you get all the doors opened for you, how dare you complain?'
 

thebakedpotato

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MyFooThurTS said:
go to a men's shelter, or men's only club, and ask them about the kinds of attention they've been getting from women's rights groups and from legal institutions.
Would midtowne spa count for those "men's clubs." How about a gay bar?

Honestly... Who campaigned for the rights of straight white men? Theodore Roosevelt. Taft. The East India Company. Honestly that line is of the same ilk as "How come there's not a white history month?" there are white history months, they're March through January.
The organization that advances white men is simply society itself. It's white men who make the dollar that the 75 cents of women, and 50 cents of black men get next to it. It's white males who get to look down from the other side of the glass ceiling.

It's white men who don't have to worry about rape. Or about being beaten and left for dead tied to a rail. Or murdered in city hall. And it's white straight men who don't have to worry about the people who do those things to them getting little more than a slap on the wrist for their crimes.

White straight men are the "default" the "standard." You're rights aren't being taken away. You're just having to compete with the rest of us for the first time without being able to use discrimination against them to stay on top.
 

thebakedpotato

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Wolverine18 said:
This thread always goes well lol.

I live in a country that requires an AFFIRMATIVE action to establish consent. Just as silence is not consent for any other agreement, its not consent to sex.

That's the way it should be.
Yes...
"Do you want to have this sex?"
"..."
"Since I cannot get a solid affirmation as to your consent to this engagement, I am going to cease and desist."

I mean it's like those preapproved credit cards signing you up and charging you for their service because you didn't explicitly write "No" and put a stamp on to reply to them.


Honestly, thank god I am gay. Men are always horny.