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November 7, 2016

Results of our in-class survey of what should (and should not) be covered by by modern rape provisions...

can be downloaded here:

Download 2016 rape offense survey results

As always, student reactions and feedback are welcome in the comments.  And those who have taken up the challenge of writing a new rape provision for Oliwood can/should perhaps learn a lot from the survey results about the views of your "constituency."

November 7, 2016 in Class reflections, Course materials and schedule | Permalink

Comments

General Comments:


1) It boggles my mind that everyone doesn’t think questions 1&3 should be rape. I don’t see any realistic or decent argument for it not being rape; I hope whoever made the selection understands how incredibly inappropriate and ill-conceived the selection was. I’m hopeful the selection was made in error (but not really) or as a joke, but even then it’s not funny.
2) As it relates to question 7: Fellas, if you can’t get home girl to sleep with you without boozing her up then you’re better off being in a different relationship. Gals, if your man does this it is fair to say he ain’t shit. For my non gender conforming folk and same sex relationships: You can guess what I have to say about your partner.
3) As it relates to questions 5&6. We all may not agree if it should be rape, but can we at least agree that these guys would be losers?

Posted by: Matthew Harris | Nov 8, 2016 2:57:00 PM

Dear Matthew,

While reading your question, I had the strong urge to disagree with you in regards to your comments. Perhaps this relates to my own contrarian nature. However, upon re-reading the survey, I agree with you in regards to 1&3, any forced penetration of an orifice should be deemed rape. In regards to question 7, I can see how people would have mixed emotions about the notion of rape there. In our society, it is a custom for a man to provide the woman with alcohol. In regards to gender roles, that may not be the perfectly PC way to say it; however, I do believe that to be the common trend. The question of whether 7 equates to rape, I believe, depends heavily upon the woman's choice to consume alcohol. No where in that scenario does it say that the man coerced her in any way shape or form, it merely implied that the man encouraged her to drink. No where in that scenario does it state that the man coerced her to have sex, therefore, implying that at least at the point where coitus ensued, the act was consensual. I find no fault with a man who provides alcohol to a woman. Would we think of the situation any differently if they were at the bar, and the freshman bought her alcohol in front of her face. I think the point is that the woman understood the nature of the activity she was engaging in. Further, the freshman knew that she loosened up after a few drinks, I am fairly certain that she knows that she loosens up after a few drinks. Both parties were given a choice. However, I do agree that his intentions make the act more culpable, and that he is a weak body little boy for needing to liquor somebody up to have intercourse. As to question 5&6, I concur with your response. But, I know fellows who have done 5, I did not think they were a rapist, I thought they were selfish.

Posted by: Matt C | Nov 10, 2016 8:13:37 AM

Dear Matthew,

While reading your question, I had the strong urge to disagree with you in regards to your comments. Perhaps this relates to my own contrarian nature. However, upon re-reading the survey, I agree with you in regards to 1&3, any forced penetration of an orifice should be deemed rape. In regards to question 7, I can see how people would have mixed emotions about the notion of rape there. In our society, it is a custom for a man to provide the woman with alcohol. In regards to gender roles, that may not be the perfectly PC way to say it; however, I do believe that to be the common trend. The question of whether 7 equates to rape, I believe, depends heavily upon the woman's choice to consume alcohol. No where in that scenario does it say that the man coerced her in any way shape or form, it merely implied that the man encouraged her to drink. No where in that scenario does it state that the man coerced her to have sex, therefore, implying that at least at the point where coitus ensued, the act was consensual. I find no fault with a man who provides alcohol to a woman. Would we think of the situation any differently if they were at the bar, and the freshman bought her alcohol in front of her face. I think the point is that the woman understood the nature of the activity she was engaging in. Further, the freshman knew that she loosened up after a few drinks, I am fairly certain that she knows that she loosens up after a few drinks. Both parties were given a choice. However, I do agree that his intentions make the act more culpable, and that he is a weak body little boy for needing to liquor somebody up to have intercourse. As to question 5&6, I concur with your response. But, I know fellows who have done 5, I did not think they were a rapist, I thought they were selfish.

Posted by: Matt C | Nov 10, 2016 8:13:38 AM

Also, I would encourage those viewing to read Q7 closely, at no point does the hypothetical say she is too intoxicated to formulate consent. This is an inference which would be made by the observer, not a factual component of the hypothetical.

Posted by: Matt C | Nov 10, 2016 9:02:09 AM

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