Reply to Idea for reducing rape

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[quote=Anonymous][quote=Anonymous]Our policy should focus on preventing the vast majority of cases where a victim is (a) being assaulted, (b) intentionally placed in a condition where consent is impossible (i.e., drugs or a relatively sober attacker getting a victim drunk(er)), or (c) an attacker taking advantage of a condition where consent is not possible (i.e., a victim who is already seriously drunk or unconscious but not through the attacker's doing).

The vast majority of sexual assaults are just that - they are incidents where a person (usually a man) physically assaults or otherwise causes a woman to participate in sex without her consent. And those events have lifetime consequences for the victims, and they should have similar consequences for the perpetrators.

The problem in colleges is the grey area where something happens, a woman feels like the she was assaulted/violated, but there isn't enough evidence for legal prosecution. Our current environment is saying that traditionally colleges/universities have leaned too far towards protecting the men in those situations, erring on the side of not prosecuting/disciplining/expelling, and now because of public, media and government pressure, the pendulum is swinging the other way.

Now that it's swinging the other way, we're seeing a few cases of colleges/universities erring on the side of over-enforcement, like the Occidental case and a few others that have made the news. In the Occidental case, I believe, based on the facts that have been made public, the boy rightly assumed consent and the girl regretted the consensual sex the next day. Even though she began to have emotional issues about it, those were her issues to deal with. I believe Occidental wronged the boy by expelling him, and I think the courts will vindicate him and compensate him.

But [b]we shouldn't be making policy based on circumstances like the Occidental case. Those are the exceptions, not the rule[/b]. [/quote]

But it's the hard cases that can make bad law. Like if you start with consent and during the act she withdraws consent, then what. Do you have to stop right then?[/quote]

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