Ahem. I may have passed out a bit. All right, let's get into this...
BubbleBurst said:
LostGryphon said:
BubbleBurst said:
Except, well, they don't. Ifnothing else, this thread has made that pretty clear. Everyone knows "Rape(tm)" is wrong, but lots of people only think of "Rape" as a violent stranger assault. People don't think about rape in the context of consent, or lack thereof. Even people who do think of that can have trouble determining what "consent" is, and when it's been obtained. Hell, even among the 40-odd posts on this forum, we haven't reached a clear consensus on that. If only we could educate ourselves better, and make certain that society as a whole was educated better. Possibly from a source of authority? Maybe in some sort of educational setting...
The point I was attempting to make with my rambling was that there simply isn't an agreed upon consensus for what constitutes "consent," primarily because the parameters for said consent revolve entirely around context.
Unfortunately, due to the nebulous nature of the idea, what one person considers to be "technical rape" in one situation can, with just as much validity, be considered a fun quirk to another in a different situation. The only
concrete forms of a lack of consent are "No" and any instance where sex is forced, violently or otherwise...and that "otherwise" can be somewhat thorny too. Psychological threats are very real, but someone could very easily claim to have felt forced in any circumstance.
Which is why, I suppose, it needs to be addressed on an individual basis, primarily through communication and adjudication between responsible adults.
Communication, I believe, being the key element in most, if not all, of the fuzzy consent stuff.
I made that comment to "runic knight" initially, in the context of him questioning whether schools should be involved in "teaching" morals and consent, etc. Because of that, I'm not entirely sure hwo to respond here. I think "consent" is pretty simple, but you're right, context matters a lot. That's why we need to talk about it as a society, continuously, in schools and here and in public and on television and wherever else, so that we're all clear that silence isn't consent, "Yes" under duress isn't consent, there are certain people/ages/states incapable of consenting, and so on. The only way to clear things up is to talk about them, but not just between the two people about to have sex. They need a foundation to work from, which is the entire purpose of this thread, I think.
I'm aware. I was mostly responding to the "Even people who
do think of that can have trouble determining what "consent" is, and when it's been obtained. Hell, even among the 40-odd posts on this forum, we haven't reached a clear consensus on that" bit, since my first post fit the criteria and I was trying to clarify.
You're right there. A foundation is definitely required. I do think that we've got a pretty clear starting point, ie. 'No means no' and a lack of ability to consent means a lack of consent, but it definitely needs further exploration.
BubbleBurst said:
LostGryphon said:
BubbleBurst said:
I didn't ignore that part at all, I just didn't quote it in my response for brevity's sake, and because I thought his "So to sum up" summed his point up pretty well. What you're ignoring is that each of our (Shanicus' and my) examples include someone taking advantage of another person in a disabled state. You and Runic Knight appear (to me) to be saying that someone who is voluntarily intoxicated is still responsible for the decisions that they make while intoxicated. To a point, I agree with you. If you go out and tip a cow, if you get behind a wheel while drunk, that's on you. If someone takes advantage of you because they're in a disabled state, that person is the actor, and that act (you know, rape) is on them.
I apologize for using "ignored," when I meant "missed." Less antagonistic sounding. Both of your examples left out any agency on the part of the drunk, impaired or not.
If you'd said you were, say, "convincing" the person it was a good idea to get into that cart to the point where they agreed or "confused" them into thinking their wallet was, in fact, not their own and using that to get them to hand it over willingly...then those would have been pretty adequate parallels to what I was suggesting.
In either of those instances, you'd be the asshole doing the wrong, but the drunk would still have made a decision, enacting some level of agency, which was impaired by their own previous decision.
Someone driving while drunk first chose to drink, then they chose to drive, while drunk, which "impaired" their decision making...and yet, they're still held accountable for subsequent decisions and their outcomes.
To be more specific, a drunk driver who kills someone is responsible for each decision leading up to that as well as the result.
A drunk who is convinced into going down a hill in a cart toward grizzly bears is, still, responsible for each decision leading up to that, as well as the result...however, the other party is at fault for
their decision, which was to mislead and endanger the drunk.
The same can be said for someone who agrees to sex while drunk and regrets it later. They made the decision to drink and are responsible for subsequent decisions...UNLESS-
We come to a bit of a problem. How drunk is too drunk to make decisions? I've been incredibly drunk, good sirs/madams, and still retained enough mental acuity to recognize when I wasn't pleased with a situation and what decisions I was or was not making. If, however, you're talking about black out drunk? Someone so drunk that they literally cannot put up any sort of resistance to someone if they wanted to? You're unconscious? Etc? And someone takes advantage of you?
They are 100% in the wrong for their actions. You, however, are still responsible for your initial decision to get wasted, but NOT the result, since you weren't taking part in the decision making process.
*shrug* It's just a matter of recognizing personal responsibility and decision-making opportunities...I hope that explained where I was coming from a bit better?
I don't really have a good response to this that hasn't been said before in this thread, maybe even by me, so I'll keep it short. I didn't bring up the agency of the victim, because the agency of the victim doesn't matter
when they're the victim. People make choices all the time, and some people make the choice to drink, possibly to excess. That doesn't make them complicit in any assault, or any other crime, committed against them.
I'm a medical student in Chicago. I work weird hours, I don't live in the best (or the worst) neighborhood. I was walking home from work in the pre-dawn hours once about 6 months ago, took a shortcut through an empty park, and got mugged at knife point. Did I choose to take the shortcut? Sure. Would I have gotten mugged if I hadn't? Probably not, almost certainly not then or by that man. Was it arguably a foolish decision to take the shortcut? In retrospect, yes. Does that make me complicit in my own mugging?
(No. The answer is no. When somebody victimizes someone else, they're the one at fault. Period. There's no but.)
The agency of the victim doesn't matter...because they're a victim? You're disregarding an individual's personal responsibility for their own actions/decisions because they were ultimately wronged by someone else? I can't agree to that line of reasoning at all.
I am sorry that something like that happened to you. In that instance, you are not responsible for being mugged. The person who mugged you is responsible. You did not consent to being mugged. It was an action that was forced upon you...which is what you guy's previous examples were doing to the hypothetical drunk...
however, as you yourself have admitted, you are
still responsible for making the decision to walk through that park. Just because you were harmed by someone else for making that decision does not absolve you of responsibility for
making that decision.
A more nuanced explanation in the next section...
BubbleBurst said:
LostGryphon said:
Anybody who believes someone who is drunk to be "fair game" is an asshole. But. The person who chose to drink made the decision to drink and to impair themselves. They did not choose to be abused with their decision, nor do they deserve it, but they've made a decision that opens them up to the potential for said assholes to benefit.
You say that they don't deserve to be abused, right before saying they chose to drink, so... "that opens them up to the potential for said assholes to benefit." I can't be the only person here hearing "You know, that person should not have assaulted and raped the victim. But look how the victim was dressed! And why was the victim even walking around at that time of night?"
You're victim blaming. Don't do that. It hurts your argument and your credibility, whether you intend it to or not, and it hurts a whole lot of other people, too.
I was initially going to put in an additional "This is not victim blaming, because..." paragraph, but I didn't want to come off as paranoid (more so than I am, apparently.)
You really
can be the only person taking that from what I said, because it's
not what I said. You're putting a phrase in my mouth that I find utterly reprehensible.
I said, as you quoted, "The person who chose to drink made the decision to drink and to impair themselves. They did not choose to be abused with their decision, nor do they deserve it, but they've made a decision that opens them up to the potential for said assholes to benefit."
The person does not
deserve (key word) to be abused for making their decision. They still
made the decision in the first place. They are responsible
for their decision, but
not for the result
if they did not consent to the action taking place which leads to the result.
An example of this idea in action would be...well...
yours.
You made a decision which resulted in a higher chance of being taken advantage of by an asshole. You ultimately were. And. Again. You are only responsible for the decisions YOU make. The asshole is responsible for theirs.
Your being mugged is not your
fault. Your choosing to take that route, however,
is. They're decidedly mutually exclusive ideas.
Here's another, more pithy example. I choose to go swimming. A shark attacks me, oddly enough, without my consent. I am responsible for choosing to swim. I am not responsible, nor at fault, for the shark attacking me.
Sincerely, it's just a matter of recognizing ones own decisions and taking responsibility for them
Spot1990 said:
LostGryphon said:
I believe I addressed most of this above...but, sincerely, I take umbrage to that last statement.
"Hey you chose to drink that makes you fair game."
First, I never once said anything like the above.
Second, you're conflating recognition of personal responsibility, along with the nuances/context/degree of intoxication involved in the situation, with what appears to be...approval for negative consequence? Fair game? Seriously?
Anybody who believes someone who is drunk to be "fair game" is an asshole. But. The person who chose to drink made the decision to drink and to impair themselves. They did not choose to be abused with their decision, nor do they deserve it, but they've made a decision that opens them up to the potential for said assholes to benefit.
I hope I'm getting this across well enough. I'm quite tired.
If you didn't say anything like it then don't take umbrage. I apologise for any offense caused but my statement was directed entirely at people who think people who consent while drunk just need to accept what happened to them as if they weren't raped.
But you are kind of moving the goal posts a bit if I'm being honest. Your initial point was that you are just as responsible for your actions when drunk as when sober, using drunk driving as an example and arguing that theft or bear maulings (it's weird that I have to mention that now) are things that are done TO you. I and others just argued that someone taking advantage of your impaired state is something that is done TO you also. You were saying that they should take responsibility for actions performed while drunk now you've pulled back to say they should just take responsibility for being drunk. For being in a position where they could be taken advantage of. Don't you see why that's problematic and a bit victim blamey.
Statistically as a male I am far less likely to be raped when I am drunk. It doesn't even enter my mind when I go out that I need to be careful about how much I drink in case someone takes me home and takes advantage of me. It has not come up, nor has it come up for any guy I know (as in I don't know any guy who woke up the next day and legitimately felt taken advantage of or abused, or been with a girl considerably less drunk than he who intentionally took advantage). I'm sure they exist but in smaller numbers. Women should have that same freedom to go out and enjoy themselves as I do without having to worry about being raped. They shouldn't have to consider their actions even more carefully than I do. They should be able to go out and not get raped. The blame falls squarely on the perpetrator. Not the victim.
Also as something to consider (again this is in general, not directed at you) if you think getting off is more important than the woman involved potentially greatly regretting it the next day then isn't that just fundamentally wrong? If you think the person could regret it why try and justify why it's okay to do it anyway? Just don't do it.
No offense taken.
I don't believe I
am moving the goal posts here. I haven't deviated from the initial idea that you are, as you stated, responsible for
your actions while drunk. Those two examples
were things being done TO a person without their consent or involvement in the decision making process directly leading to the result. I don't, at all, see how someone stealing your wallet and someone, say, convincing you to hand over your wallet while you're drunk are comparable. Certainly, both result in your wallet missing, which sucks, but the former did not involve any agency on your part while the latter did. Someone doing the latter is doing something "with" you, not "to" you. Someone doing the former is doing something "to" you.
Get the distinction I'm making here? :/
And THAT idea changes depending on
how drunk we're talking. As I stated before, if you're black out drunk, unconscious, or otherwise incapable of offering resistance, then you've lost your ability to consent to any actions taken against or for you.
A pair of examples; If you've had a few and agree to sleep with someone. You're responsible for that decision.
If you've had enough to render you incapable of speech, let alone movement, and someone sleeps with you? You are not responsible for that decision... BUT AGAIN, here's where it gets murky-
If your state mirrors that of the latter and you wind up driving then you are held accountable by the law for what happens, regardless of whether or not you're making a conscious decision...it's a clusterfuck is what it is, gents.
All right, well, I'm one of the men who actually feels, at least partly, taken advantage of by the situation you describe. I regret the decision making that went into the result coming about, but I still take responsibility for said decisions.
And...seriously...
of course women
SHOULD be able to do whatever the hell they want without the fear of being raped. Unfortunately, you and I both know that, no matter how much we discuss this, the potential for that occurring still exists, because there are and always will be fucking
horrible people out there. In much the same way that there
shouldn't be Ebola rampaging through Africa right now, but it
is, whether or not something
should be a certain way does not influence the way that it actually
is.
And, I hope, we
all agree that a rapist is 100% to blame for the act of rape. Nobody is contesting that fact. Or at least I truly, truly hope they're not.
As for the final bit; I don't personally subscribe to that line of thinking. *shrug* With that said, regret is, sadly, a part of life. Regret doesn't automatically invalidate a person's decisions or their responsibility for making them though.
I...I really hope I'm being more clear here? I'm hammering on personal responsibility in general.