case: (Default)
Case ([personal profile] case) wrote in [community profile] fandomsecrets2012-10-01 06:20 pm

[ SECRET POST #2099 ]


⌈ Secret Post #2099 ⌋

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

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Notes:

Secrets Left to Post: 04 pages, 085 secrets from Secret Submission Post #300.
Secrets Not Posted: [ 0 - broken links ], [ 1 2 - not!secrets ], [ 0 - not!fandom ], [ 0 - too big ], [ 0 - repeat ], [ 1 - pretty much unreadable ].
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.
intrigueing: (cj toby bff)

Re: TW question about rape

[personal profile] intrigueing 2012-10-02 05:16 am (UTC)(link)
No, I certainly wouldn't call that rape. I mean, if you start equating character judgements to identity, there's no telling where the thing will end.

I mean, say you tell some lit nerd you love Shakespeare, when actually you hate Shakespeare, and the person agrees to sleep with you even though he wouldn't sleep with someone who told him she hates Shakespeare because he's a lit nerd who doesn't date girls who hate Shakespeare because he thinks people who hate Shakespeare are plebes who aren't worth his time. You really can't call that rape either, even though it's kind of a dick move. Calling it rape is just...ridiculous.

And to be honest, it IS a value judgement. The reason rape is a crime and is considered a horrible thing is because it matters to people, not because people have some magic button that goes off when a person gets raped and automatically gives them mental trauma, like an STD or something. If something matters, it's a crime. If something genuinely doesn't matter, then it's not a crime.

Now, that's not simple and it's extremely subjective and there's any number of things people can fight about in that claim, but if it WAS simple and objective, and any fool could figure out what matters and what doesn't, then no one would ever have any trouble whatsoever writing laws and arguing philosophy. Which is not true, because humans have spent the last few thousand years of civilization pulling their fucking hair out every single day trying to figure out what matters and what doesn't so that they can write laws and argue philosophy.

But that's unhelpful, so I guess here's what I would personally distinguish between rape-by-deception and lying about loving someone: lying about your character doesn't negate consent because well, everyone lies or forgets about something, people aren't telepaths and they don't regurgitate every fact about themselves before having sex, just like they don't do it before having a conversation or shaking hands or hugging. The type and scope of the lie can determine whether the lie is manipulative and assholish or trivial and irrelevant, but misrepresenting your character doesn't count as rape.

On the other hand, pretending to have a specific established character (i.e., that of another real-life person) does count as rape because the person who's being tricked thinks they're consenting to a completely different real person that they have specific knowledge of in their minds, not just a person who's exactly the same person they had sex with but who just so happens to be in love with them (or hates Shakespeare) rather than not in love with them (or likes Shakespeare). Big difference between "oh, wait, I thought this person was in love with me" and "oh, wait, I thought this person was my spouse". One's about a characteristic, the other's about their entire identity.

wow that got really rambly, even by my standards O_o