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19-yr Old Student charged with sex assault after re-enacting 50 Shades of Grey

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Yes. 50 Shades has no mention of agreement beforehand. That's why it's criticized by some in the BDSM community as well.

As I posted on the first page, this is 100% untrue. I would think people would at least read a wiki entry before posting this nonsense.
 
I believe technically rape requires penetration, sexual assault covers the entire gamut of criminal actions outside of the actual penetration.

You're technically probably right, but I view it as a rape. No question for me, she was forced to be involved in a sexual activity and said no and he kept going even though she was crying.
 
To those saying sexual assault and rape aren't the same, save it for the courtroom. Those are just legal distinctions and nothing more. Both acts are forcing someone to do something sexual without their consent (or to someone who is unable to consent).
 
You're technically probably right, but I view it as a rape. No question for me, she was forced to be involved in a sexual activity and said no and he kept going even though she was crying.

Nothing wrong with that view point. This scenario highlights the importance of knowing how to engage in this sort of behavior properly/safely.
 

Vagabundo

Member
50 Shades doesn't teach about safe words? Oi.


Really?

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Vagabundo
Collage Educamacated

Oh, you know... little bit of this, little bit of that.


Well, I guess that's what I get for mashing the keypad and letting spellchecker sort out the mess... :/
 

Horse Detective

Why the long case?
I'm so confused by this, which is why I don't know how to give an opinion on it.

Are we saying that sexual assault and rape are one and the same, even if it was just his intention? I agree that forcing yourself on someone is terrible, but it didn't HAPPEN right?
 
I'm so confused by this, which is why I don't know how to give an opinion on it.

Are we saying that sexual assault and rape are one and the same, even if it was just his intention? I agree that forcing yourself on someone is terrible, but it didn't HAPPEN right?

As soon as the words "no" comes from your partners mouth you should stop what you're doing immediately.

The victim is will probably be traumatized for the rest of her life because of this incident.
 
As soon as the words "no" comes from your partners mouth you should stop what you're doing immediately.

The victim is will probably be traumatized for the rest of her life because of this incident.

I agree with you for the most part but if you are into BDSM kind of stuff then saying no can be part of role playing. It can be very confusing if you initiate this kind of thing and you don't know what you are getting yourself in to.
 

Barzul

Member
He didn't force himself on her, that's not how I see it anyway. She withdrew consent and he should have stopped. I've been a similar position. Difference though is I stopped. It's possible to get lost in the moment and now his life is probably tarnished. He'll have that sexual offender tag wherever he goes. I won't ignore that this is a girl that he had been with several times before. She probably agreed to initial BDSM parts of it like the binding and stuff, find it hard to believe you'd just let that happen with that putting up a fight especially with someone you've been with previously. He got carried away and I guess he'll pay the price. Some guys just really need to realize when a girl says stop or is uncomfortable with something during sex, she really means it.
 
I agree with you for the most part but if you are into BDSM kind of stuff then saying no can be part of role playing. It can be very confusing if you initiate this kind of thing and you don't know what you are getting yourself in to.

Crying too? Tone of voice?

I just don't buy it.

There's a difference between roleplaying and reality.
 

Coconut

Banned
What if it's part of the fetish ?

That's when an agreed upon safe word comes in to play. A safe word basically becomes "no" or "stop".

And this is why having a safety word matters

No what happened is why you don't assault someone.

People are so damn impressionable beyond reason.

At what point would it seem okay to do this?

When you've had a very long and thoughtful conversation about limits and after care and the like.
 
As soon as the words "no" comes from your partners mouth you should stop what you're doing immediately.

The victim is will probably be traumatized for the rest of her life because of this incident.

Correct, when boundaries aren't already well established.

BDSM, especially the sadomasocist part, is where No doesn't always necessarily mean no. It could very well be a part of the role playing. That was why most people who practice BDSM are very clear and deliberate with their practices.

It's an abstract line of demarcation that can be used to justify sexual assault but it's there.
 

leadbelly

Banned
I'm not sure where I said anything to suggest that, but it's a very interesting choice for a strawman. Not even going to bother with a more recent reference?

Okay.

How about: a lot of people in modern society have a horrible understanding of what constitutes consent. There have been studies that show that as long as you don't use the word "rape," a lot of college-aged men admit that they would do things that negate or avoid a woman's consent. A disturbing number of people don't seem to realize that you cannot knowingly give consent when completely intoxicated.

Consent is something a lot of people don't have a firm handle on in the real world. The fact that shooting innocent civilians in an airport is bad is something most people can agree on. That's what separates reality from fiction in your example. We know it's "bad." The fictional world and our own desires do not align in any tangible way, and so obviously it does not modify or reinforce anything.

Okay, I've read the study. First of the all the sample size is pretty fucking low, only 86 men, in which the conclusions were based on 73 of them. The way the questions were framed though:

This scale measures self-reported likelihood to engage in a variety of sexual behaviors ‘‘if nobody would ever know and there wouldn’t be any consequences’

I'm sorry, but that really doesn't seem like a particularly sound methodology to me. It's almost as if it is designed to 'catch' people.

And I really find the idea that you cannot give consent when intoxicated really problematic.As I have mentioned before, in the real world, going out and getting drunk for young people is extremely common. One might assume engaging in drunken sex is extremely common. Criminalising what to a number of people is probably a common practice, seems ridiculous. There is a difference in my mind with two people actively engaging in sex while intoxicated, and someone raping a girl who has passed out on a bed.

A real big issue with it seems to be the current climate. When you have a man and a women actively engaging in drunken sex, it is the man who is somehow responsible, while the women is a victim. How can you claim one person has responsibility even though they are intoxicated, when the other does not?
 

Northeastmonk

Gold Member
People get off on all kinds of crazy stuff. I remember seeing an interview with a guy who got off on a dominatrix stepping on his balls with high heels.

Crushing fetishes too. No wonder that stuff is criminal. Who enjoys snuff films? I get why it's enjoyable in a game. Assassin's are notorious for entertainment, but even Manhunt was made intellectually. It wasn't downright thrown together like some things are. You aren't physically touching someone or committing an act with media. Movies show people committing to perform an action versus a game where it's 0's and 1's.

It's like any taboo fetish too. You aren't necessarily going to witness or perform 80% or more of the adult content you can view online either. Some of the subjects hinge on illegal activity regardless.
 
Blaming the movie sounds like a lame defense to me. Only a small bit of what this guy did was even consensual, and he continued anyway.

Edit: I also saw the movie, so that excuse is further weakened by the fact that they discussed the rules, she didn't initially sign the contract out of hesitation, and there was even a scene where they negotiated the terms.
 

Coconut

Banned
Okay, I've read the study. First of the all the sample size is pretty fucking low, only 86 men, in which the conclusions were based on 73 of them. The way the questions were framed though:



I'm sorry, but that really doesn't seem like a particularly sound methodology to me. It's almost as if it is designed to 'catch' people.

And I really find the idea that you cannot give consent when intoxicated really problematic.As I have mentioned before, in the real world, going out and getting drunk for young people is extremely common. One might assume engaging in drunken sex is extremely common. Criminalising what to a number of people is probably a common practice, seems ridiculous. There is a difference in my mind with two people actively engaging in sex while intoxicated, and someone raping a girl who has passed out on a bed.

A real big issue with it seems to be the current climate. When you have a man and a women actively engaging in drunken sex, it is the man who is somehow responsible, while the women is a victim. How can you claim one person has responsibility even though they are intoxicated, when the other does not?
Your example of two people engaging in drunk sex his actually a workable defense and is used. It's when someone is getting someone drunk so they have lowered inhabitions or when someone is drunk and the other person isn't is when intent is brought into question.
 

stupei

Member
And I really find the idea that you cannot give consent when intoxicated really problematic.As I have mentioned before, in the real world, going out and getting drunk for young people is extremely common. One might assume engaging in drunken sex is extremely common. Criminalising what to a number of people is probably a common practice, seems ridiculous. There is a difference in my mind with two people actively engaging in sex while intoxicated, and someone raping a girl who has passed out on a bed.

A real big issue with it seems to be the current climate. When you have a man and a women actively engaging in drunken sex, it is the man who is somehow responsible, while the women is a victim. How can you claim one person has responsibility even though they are intoxicated, when the other does not?

You're talking about a lot of things here, and it's sort of off topic for the thread so I'm not sure we should really get into it. But the more intoxicated a person is, the less able they are to give consent. I'm not saying never have sex while drunk, but certainly if someone has actively said no to you in the past and suddenly they're more compliant when drunk, yes, they are not able to knowingly give full consent. Does that mean it's automatically rape? Not necessarily. Did I say it should be more criminalized? No.

But do I think that's pretty immoral? Yeah I do, but you're not obligated to hold yourself to my moral barometer, I guess.

As to why men are often held more accountable for a drunken night together, I'm not sure what you mean by "current climate." I would think it's that men are generally larger than women and so will often have a higher tolerance for alcohol.

Your example of two people engaging in drunk sex his actually a workable defense and is used. It's when someone is getting someone drunk so they have lowered inhabitions or when someone is drunk and the other person isn't is when intent is brought into question.

Also this.

My point about people being ignorant about consent wasn't "more things should be criminalized." It was "many people need to be made more away of the casual ways they might be taking advantage of and hurting other people." Since I would hope people wouldn't want to unknowingly or unintentionally act against another person's consent.
 

leadbelly

Banned
Your example of two people engaging in drunk sex his actually a workable defense and is used. It's when someone is getting someone drunk so they have lowered inhabitions or when someone is drunk and the other person isn't is when intent is brought into question.

There has been cases in the UK though. Where I am from. Both parties were drunk, yet, that seemed irrelevant.

And in fact in the US, this was one argument made by Havard Professors about the new harassment policy.

■ Adopting rules governing sexual conduct between students both of whom are impaired or incapacitated, rules which are starkly one-sided as between complainants and respondents, and entirely inadequate to address the complex issues in these unfortunate situations involving extreme use and abuse of alcohol and drugs by our students.

It goes further in the UK now as well.

Men must prove a woman said 'Yes' under tough new rape rules
http://www.telegraph.co.uk/news/ukn...oman-said-Yes-under-tough-new-rape-rules.html

Basically new legislation when it comes to date rape, or drunken rape. The onus is being put on the defendant, increasingly.
 

terrisus

Member
Any CGI films based on BDSM? That would of had a better impact because they would of known what they were watching needed consent.

That isn't a serious question because I doubt anyone wants to do a search.

You haven't been on the internet long, have you? >.>
 

Coconut

Banned
There has been cases in the UK though. Where I am from. Both parties were drunk, yet, that seemed irrelevant.

And in fact in the US, this was one argument made by Havard Professors about the new harassment policy.



It goes further in the UK now as well.

Men must prove a woman said 'Yes' under tough new rape rules
http://www.telegraph.co.uk/news/ukn...oman-said-Yes-under-tough-new-rape-rules.html

Basically new legislation when it comes to date rape, or drunken rape. The onus is being put on the defendant, increasingly.

Clearly though the implication is that beyond a reasonable doubt this person was found to have been ble to judge that they should not have had sex with the person they raped. Best advice is don't try and fuck a drunk person.


Yeah that's what defendant has to do defend themselves. yiy need to prove you didn't do a thing.
 

leadbelly

Banned
Clearly though the implication is that beyond a reasonable doubt this person was found to have been ble to judge that they should not have had sex with the person they raped. Best advice is don't try and fuck a drunk person.

I just find it a really messy area in general.
 

Coconut

Banned
I just find it a really messy area in general.

It is messy but a question I ask myself in these situations is "what does the accuser have to gain in these situations?" And the answer is going to be is, nothing. So if they gain nothing why lie or make exaggerated statements?

Why do you say that? If you are role playing and don't have a safe word, how do you know what's real or not?

You said it yourself it's amateur hour. If this is his first time why wouldn't there be hesitation?
 

leadbelly

Banned
Yeah that's what defendant has to do defend themselves. yiy need to prove you didn't do a thing.

Not sure why you just added this. lol

So like a woman claims she doesn't remember what happened the night before, therefore she was too drunk to consent. You say that at the time she consented and actively engaged in sex.

How do you prove she consented?

You don't see how problematic that is?
 
You said it yourself it's amateur hour. If this is his first time why wouldn't there be hesitation?
Heat of the moment, not knowing what to expect (thinking its normal), trying to look cool in front of his partner all could be scenarios. Like I said before, its why you have to set proper expectations before you get in to something like this.
 

Quixzlizx

Member
Why do you say that? If you are role playing and don't have a safe word, how do you know what's real or not?

If you are roleplaying and don't have a safe word and/or KNOW the boundaries of your partner, then I guess it sucks for you if you end up punching someone who doesn't want to be punched and get arrested. Plan better next time.
 

JC Lately

Member
Why do you say that? If you are role playing and don't have a safe word, how do you know what's real or not?

One would think you'd err on the side of caution in that situation. If you supposedly care about the person, them screaming no with tears in their eyes ought to give you pause. Worst thing you can do by stopping is kill the mood. Sucks, but it's better than than the alternative.
 
If you are roleplaying and don't have a safe word and/or KNOW the boundaries of your partner, then I guess it sucks for you if you end up punching someone who doesn't want to be punched and get arrested. Plan better next time.

100% agreed. There are a lot of not so smart people out there unfortunately.
 
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