case: (Default)
Case ([personal profile] case) wrote in [community profile] fandomsecrets2015-10-10 04:00 pm

[ SECRET POST #3202 ]


⌈ Secret Post #3202 ⌋

Warning: Some secrets are NOT worksafe and may contain SPOILERS.

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Notes:

Secrets Left to Post: 03 pages, 072 secrets from Secret Submission Post #458.
Secrets Not Posted: [ 0 - broken links ], [ 0 - not!secrets ], [ 0 - not!fandom ], [ 0 - too big ], [ 0 - repeat ].
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.

Re: TW: Rape

(Anonymous) 2015-10-10 08:43 pm (UTC)(link)
It's hard for me to imagine such a scenario.

Re: TW: Rape

(Anonymous) 2015-10-10 08:47 pm (UTC)(link)
you're both drunk, but you're just dumb drunk and she's black out drunk. you get consent, but she's too drunk for the consent to be meaningful and you're too drunk to tell the difference. She's incapacitated and you are not. that is accidental rape.

Re: TW: Rape

(Anonymous) 2015-10-10 08:50 pm (UTC)(link)
I think in the scenario you're outlining both people would have to be considered too drunk to consent and it's hard for me to consider such a scenario rape.

Re: TW: Rape

(Anonymous) 2015-10-10 08:57 pm (UTC)(link)
the man in that scenario would not have been too drunk to consent. sober enough to perform for a man isn't blackout drunk. sober enough to perform is sober enough to know what is happening. but the woman could be saying yes to anything in that scenario, not the sex. there's a value difference at play, and sober enough to consent for one person but drunk enough to not understand how drunk the other person is would be accidental rape.

i don't mean this to sound like i'm making excuses or being an apologist, i know it's still rape and there should be no lenience for the guy but at the same tine i don't think we can conclude the intention to do harm was there.

Re: TW: Rape

(Anonymous) 2015-10-10 08:59 pm (UTC)(link)
I don't agree that a man who is physically able to have sex is necessarily sober enough to provide informed consent. I am fairly certain that is not true.

Re: TW: Rape

(Anonymous) 2015-10-10 09:11 pm (UTC)(link)
Legally it is. And I think morally it is too. but you're free to disagree with me.

Re: TW: Rape

(Anonymous) - 2015-10-11 04:48 (UTC) - Expand
insanenoodlyguy: (Default)

Re: TW: Rape

[personal profile] insanenoodlyguy 2015-10-10 09:15 pm (UTC)(link)
Even the dead can get boners. (No lie, it's true).
Edited 2015-10-10 21:16 (UTC)

Re: TW: Rape

(Anonymous) 2015-10-10 08:51 pm (UTC)(link)
I think that's so silly because they're basically raping each other in that scenario.

Re: TW: Rape

(Anonymous) 2015-10-10 10:25 pm (UTC)(link)
Not really.

Re: TW: Rape

(Anonymous) 2015-10-10 08:48 pm (UTC)(link)
If you can commit rape by deception, and you can be misleading without meaning to be that would be an accidental rape, wouldn't it?

Re: TW: Rape

(Anonymous) 2015-10-10 08:51 pm (UTC)(link)
I don't think sex as a result of a sincere mutual misunderstanding can be considered rape.

I mean, sincere mutual misunderstanding is pretty much just the human condition.

Re: TW: Rape

(Anonymous) 2015-10-10 08:57 pm (UTC)(link)
Deliberate deception is rape though. Like if you are Muslim, but you claim you are Jewish and she sleeps with you then freaks when she finds out a filthy arab as been up her vajajay instead of one of the pure chosen ones. Then you are a rapist, a filthy muslim arab rapist polluting pure Jewish girls.

Re: TW: Rape

(Anonymous) 2015-10-10 08:58 pm (UTC)(link)
Right, I agree, but that would be intentional, not accidental. The comment I was replying to was talking about unintentional misunderstandings.
insanenoodlyguy: (Default)

(frozen comment) Re: TW: Rape

[personal profile] insanenoodlyguy 2015-10-10 09:00 pm (UTC)(link)
That's not really an accident though. In the situation you described, the deceiver knew what he was doing the entire way through.

Re: TW: Rape

(Anonymous) 2015-10-10 09:06 pm (UTC)(link)
Why did a troll comment get two honest responses?

Re: TW: Rape

(Anonymous) 2015-10-10 09:07 pm (UTC)(link)
Just figured it was easier to ignore the troll bit.

Re: TW: Rape

(Anonymous) 2015-10-10 09:09 pm (UTC)(link)
It was a case in Israel a couple of years back. A racist Jewish woman and a lying Palestinian, it keeps on being used for an example.

Re: TW: Rape

(Anonymous) 2015-10-10 09:08 pm (UTC)(link)
Good point shrouded with racism and trollyness.

An strongly jewish woman who will not sleep with a non-jew sleeps with a man she believes to be a jew. He is not. She has every right to feel raped by that, but the man in question may have not meant any harm. It was just ignorance and thoughtlessness that lea to the rape. It's still a rape but it's also an accident.

That said, No! Bad anon, Look what you're doing to the metaphorical carpet! Bad!

Re: TW: Rape

(Anonymous) 2015-10-11 01:07 pm (UTC)(link)
How is that rape? Lying about one detail about yourself (your religion) is an asshole thing to do. But it's not raping someone. Pretending to be someone else would involve completely misleading your identity to make them think you were a different person. But religion is not a victim, the Jewish religion being offended by something doesn't make something suddenly rape that normally would not be. Especially such a weird prohibition as that.

Re: TW: Rape

(Anonymous) 2015-10-10 10:34 pm (UTC)(link)
What is it's not a mutual misunderstanding?

What if she is the one that misunderstood but he just didn't care enough to find out why she wanted to have sex? Her misunderstanding, his calous disregard for her consent, her rape.

Re: TW: Rape

(Anonymous) 2015-10-10 08:52 pm (UTC)(link)
What if the consent is conditional and you find yourself unable to meet those conditions after the fact through no fault of your own? I'm thinking of sleeping with a prostitute and then finding you don't have enough money after the deed has been done. Her consent was conditional on being paid by you, you are unable to pay, consent is then withdrawn and you've raped?

Or other conditional consent (I know somone people here don't thing raping a prostitute counts as rape unless force is used) Say you're in a relationship, and the consent is dependant on the continued relationship, but you are for whatever reason unable or unwilling to continue that relationship. Consent has been withdrawn and it becomes rape.

Re: TW: Rape

(Anonymous) 2015-10-10 08:57 pm (UTC)(link)
I don't think that model of conditional consent really works and I would tend to think that, although you can obviously withdraw your consent at any moment, I'm very hesitant about the idea of withdrawing it retroactively (assuming informed rational consent etc).
insanenoodlyguy: (Default)

Re: TW: Rape

[personal profile] insanenoodlyguy 2015-10-10 09:15 pm (UTC)(link)
Yeah, decpetion (as used in the very problematic example above) is one thing, but if there was mutual consent at the time, there was mutual consent.

Re: TW: Rape

(Anonymous) 2015-10-10 09:18 pm (UTC)(link)
So you believe that consent can't be withdrawn after the fact if new information comes to light? How very convenient for a cheater like you.

Re: TW: Rape

(Anonymous) 2015-10-11 03:39 am (UTC)(link)
Consent can be considered to be retroactively withdrawn if one party actively lied to the other in order to initiate sex.

Consent cannot be retroactively withdrawn in the event of genuine miscommunication, or an honest answer that turns out to be incorrect. It absolutely cannot be retroactively withdrawn in the event that circumstances that would have influenced the granting of consent change after sex has taken place.