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RE: What actions , if any, should I take? - 5/11/2013 12:31:33 PM   
chatterbox24


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I need to reword what I said.
If someone is attacked against their will, and is being raped, actually fighting might just get them killed. THey are never given a chance to say no either. There is no question that is true rape.
SO I really was wrong about that comment, saying its not rape if one doesn't fight.

As far as withdrawing consent. If you say yes to sex, then change your mind in the middle, and it does stop, but the woman feels dirty or regretful, or doesn't feel it stopped quite fast enough, I don't feel its right to call it rape.
Its one word against another ones too, that's when it starts to get harder to define.

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RE: What actions , if any, should I take? - 5/11/2013 12:47:29 PM   
angelikaJ


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quote:

ORIGINAL: chatterbox24

I need to reword what I said.
If someone is attacked against their will, and is being raped, actually fighting might just get them killed. THey are never given a chance to say no either. There is no question that is true rape.
SO I really was wrong about that comment, saying its not rape if one doesn't fight.

As far as withdrawing consent. If you say yes to sex, then change your mind in the middle, and it does stop, but the woman feels dirty or regretful, or doesn't feel it stopped quite fast enough, I don't feel its right to call it rape.
Its one word against another ones too, that's when it starts to get harder to define.



For the most part it is always one word against another.
Very few defense attorneys will advise their client to admit to anything, unless there is a shiny plea deal on the table.

When she says no is when it needs to stop.
If it doesn't stop at that moment, it crosses the line of non-consent.


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RE: What actions , if any, should I take? - 5/11/2013 2:56:17 PM   
JustDragonflies


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Lafayette Lady,

I was referring to this, at the bottom of the link.

"I thought “no,” but didn’t say it. Is it still rape?

It depends on the circumstances. If you didn’t say no because you were legitimately scared for your life or safety, then it may be rape. Sometimes it isn’t safe to resist, physically or verbally — for example, when someone has a knife or gun to your head, or threatens you or your family if you say anything."

< Message edited by JustDragonflies -- 5/11/2013 2:57:23 PM >

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RE: What actions , if any, should I take? - 5/11/2013 3:04:03 PM   
JustDragonflies


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quote:

ORIGINAL: evesgrden


Think it? Feel it? Imply it???? I can't tell you how vehemently I disagree with that. You expect a man to be a mind reader? Holy crap.... That is SO off the rails to me.. and I'm someone who was assaulted, and force was used, and violence was used (stomped on my foot. broke my big toe, popped the nail off... I stopped fighting cuz I was out of my league.. live to fight another day and I did, but 'nuff about that).

So in your world, does every woman who's ever thought "geeze.. isn't done yet???" a victim of rape? If you're screwing doggy style how does he know you don't want to continue if you say nothing and continue fer chrisssake???

The thought police scare me.... WAY more than the guy who assaulted me.

And if someone's been "pressured" then press charges for extortion or coercion. While we have the hood up, that's my thinking on sexual harassment too.


Thinking or feeling "no"? ... my sentiment: no no no and no again; 9 ways to Sunday NO. Heavens, it's hard enough to figure out the truth when you have actual behavior to evaluate. Sorry, but that kind of thinking really scares me.



Hey. :) I realize you had a very strong reaction to what you perceived I was communicating, but you misinterpreted me.

I was discussing different how forms of rape can occur and not legally be considered rape in *some* places. I wasn't making a statement of condoning that in one way or another. You asked about something I'd said in a post, I replied to that alone, and didn't really say I thought that it should be considered illegal or not. I was just answering you by telling you about other people's experiences.


< Message edited by JustDragonflies -- 5/11/2013 3:43:24 PM >

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RE: What actions , if any, should I take? - 5/11/2013 3:32:41 PM   
JustDragonflies


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My replies are bolded, fyi.


quote:

ORIGINAL: UllrsIshtar


When speaking of adults with their mental faculties in place, barring physical threat to their safety being present -like a gun or a knife being held to their head- people refusing to vocalize lack of consent are not raped, even if there is pressure in place like "I'll break up with you if you don't" or "you're a bad sub if you don't".
Actually, I explicitly mentioned psychological issues did play a part in the example provided.

Your opinion disgusts me.
What opinion is this? I'm not offering an opinion. I was simply answering someone's question about when rape does happen, as perceived by the victims, and it's not acknowledged by the legal system in *SOME* places. I did not voice an opinion in one way or another about how I felt about such legal grey areas. I just talked about the experiences of some individuals.

It's people like you, and opinions like that, which make it harder for people who are legitimately raped to come forward.
Oh? How is that? And again, these aren't my opinions. As a victim support provider, my training indicates that it does not make it harder for victims to come forward when individuals are understanding of the complexities a situation has. Because everything apparently needs spelled out, when I say "coming forward" I mean in any manner that the victims choose to do so, be it to the legal system or a support group or in counseling.

It's positions like that that breed a culture in which rape victims need to be quizzed about whether or not they actually refused consent or not.
I don't think that the rape counseling, crisis hotline and therapy culture is what contributes to questioning about the nature of such events. I'd be interested to see some research on your opinions about that, if they were derived from any.

It's that attitude that makes it dangerous for people to have sex with, or top, anybody, even after the other person has consented.
Actually, no it doesn't... verbal consent is legally sufficient. And it's advised to get consent verbally, just to be super clear that someone is consenting. There's really not a huge problem with just verbally discussing consent.

It's that refusal of personal responsibility for what you are ALLOWING to happen to you that makes threads like this happen, and speculation like this happen.
You can decide to believe that individuals are "allowing" certain non-consensual experiences to happen to them or not. But the idea that taking more personal responsibility would improve things doesn't invalidate the pain of the experience that was "allowed". And when I'm talking about rape and it's consequences these are largely from a therapeutic perspective. I believe me simply discussing what some victims perceive as rape but isn't illegal in some places was misconstrued as an opinion on the legality of said experiences. I did not voice an opinion in that direction, I merely said that it existed.

It's statements like that which muddle up the lines between rape victims and people refusing to be accountable for their own actions that cause legitimate rape to become a trivialized thing.
Again, I'd be very interested in what research you may have observed that made you think that acknowledging the grey areas in life contributes to their grey-ness. To observe a thing is not to create a thing.

You should be ashamed of yourself.
Well, I'm not. Instead I'm pretty well researched, well trained and compassionate toward others. And I'm proud of those things and proud of my many years as an activist, victims advocate and survivor speaker.



< Message edited by JustDragonflies -- 5/11/2013 3:33:16 PM >

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RE: What actions , if any, should I take? - 5/11/2013 4:02:16 PM   
PeonForHer


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quote:

ORIGINAL: chatterbox24
As far as withdrawing consent. If you say yes to sex, then change your mind in the middle, and it does stop, but the woman feels dirty or regretful, or doesn't feel it stopped quite fast enough, I don't feel its right to call it rape.



Not a specific remark about your own position, chatterbox, but I think that comments made about women not being 'delicate little flowers' - who need to be mind-read in case they won't or can't verbalise their displeasure - can be matched by comments about men being assumed to be either stupid, or unable to control themselves, or both. The one stereotype is as much nonsense as the other.

I mean, I don't need a 'No' if a woman is screaming, or has started to push at me, or even if she just goes cold on me. I'm not entirely unable to read body language, even when red hot, hard as a rock and in the middle of 'the act'. It's not nice to stop, but it's a lot less nice to continue with a woman who doesn't want it (anymore).

I like to think I'm an intelligent and sensitive man, sure, but even a male dog can read body language. It doesn't take great brainpower and sensitivity. You certainly don't need to be some kind of psychic.

< Message edited by PeonForHer -- 5/11/2013 4:04:15 PM >


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RE: What actions , if any, should I take? - 5/11/2013 4:48:25 PM   
LafayetteLady


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quote:

ORIGINAL: JustDragonflies

Lafayette Lady,

I was referring to this, at the bottom of the link.

"I thought “no,” but didn’t say it. Is it still rape?

It depends on the circumstances. If you didn’t say no because you were legitimately scared for your life or safety, then it may be rape. Sometimes it isn’t safe to resist, physically or verbally — for example, when someone has a knife or gun to your head, or threatens you or your family if you say anything."


I completely agree that when there is a legitimate fear for your life or safety, it will still be rape. However, most of the circumstances that get tossed about here are the "I didn't realize I could say no" type, or the morning after regret type. That isn't rape, and frankly it isn't only horribly damaging to the men who are accused in those cases (and yes, I do believe those women should face legal consequences for false accusations. This is different than an acquittal, by the way), but it is an insult to other women everywhere. It is saying that women can't be held responsible for their own actions.

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RE: What actions , if any, should I take? - 5/11/2013 4:54:13 PM   
PeonForHer


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quote:

ORIGINAL: LafayetteLady
However, most of the circumstances that get tossed about here are the "I didn't realize I could say no" type, or the morning after regret type.


Which ones, for example, LL?

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RE: What actions , if any, should I take? - 5/11/2013 5:07:25 PM   
LafayetteLady


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quote:

ORIGINAL: JustDragonflies


It's that refusal of personal responsibility for what you are ALLOWING to happen to you that makes threads like this happen, and speculation like this happen.
You can decide to believe that individuals are "allowing" certain non-consensual experiences to happen to them or not. But the idea that taking more personal responsibility would improve things doesn't invalidate the pain of the experience that was "allowed". And when I'm talking about rape and it's consequences these are largely from a therapeutic perspective. I believe me simply discussing what some victims perceive as rape but isn't illegal in some places was misconstrued as an opinion on the legality of said experiences. I did not voice an opinion in that direction, I merely said that it existed.




And this is where the current climate on therapy falls short. Yes, sometimes what you perceive is real, but if you "perceive" you were raped, doesn't mean you were. By that logic, if someone pinched your ass, you could claim you were raped, and because that is your perception, it makes it real, it doesn't, because while someone pinching your ass is certainly inappropriate, it isn't rape, not by a legal definition or one based in reality.

Now certainly a woman with "morning after regret" can experience a great deal of shame over what she did, but to equate her with a rape victim? Definitely not. By doing so, you are enabling her to continue thinking she wasn't responsible for her own behavior.

So your "many years as an activist, victims advocate and survivor speaker" are somewhat incomplete and will encourage co-dependency if you rely solely on the woman's "feelings" to determine she was raped, and if you were on a rape hotline and someone called you with that kind of situation claiming she was raped (and didn't think so until she saw the guy the next morning, without a roofie being involved), then you should be prohibited from counseling survivors until you get more training, if at all.

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RE: What actions , if any, should I take? - 5/11/2013 5:39:42 PM   
PeonForHer


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quote:

ORIGINAL: LafayetteLady
So your "many years as an activist, victims advocate and survivor speaker" are somewhat incomplete and will encourage co-dependency if you rely solely on the woman's "feelings" to determine she was raped, and if you were on a rape hotline and someone called you with that kind of situation claiming she was raped (and didn't think so until she saw the guy the next morning, without a roofie being involved), then you should be prohibited from counseling survivors until you get more training, if at all.


I think this is the point at which you should outline your far greater experience in the matter of dealing with rape than that of JustDragonflies, LL. Don't be modest - go for it.

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RE: What actions , if any, should I take? - 5/11/2013 8:08:32 PM   
JustDragonflies


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quote:

ORIGINAL: LafayetteLady


quote:

ORIGINAL: JustDragonflies


It's that refusal of personal responsibility for what you are ALLOWING to happen to you that makes threads like this happen, and speculation like this happen.
You can decide to believe that individuals are "allowing" certain non-consensual experiences to happen to them or not. But the idea that taking more personal responsibility would improve things doesn't invalidate the pain of the experience that was "allowed". And when I'm talking about rape and it's consequences these are largely from a therapeutic perspective. I believe me simply discussing what some victims perceive as rape but isn't illegal in some places was misconstrued as an opinion on the legality of said experiences. I did not voice an opinion in that direction, I merely said that it existed.






And this is where the current climate on therapy falls short. Yes, sometimes what you perceive is real, but if you "perceive" you were raped, doesn't mean you were. By that logic, if someone pinched your ass, you could claim you were raped, and because that is your perception, it makes it real, it doesn't, because while someone pinching your ass is certainly inappropriate, it isn't rape, not by a legal definition or one based in reality.
You're kind of using a straw man argument here with this "pinched your ass" concept. When I am discussing these topics I am referring to people who have expressed something that could reasonably be dealt with as "rape" and does actually legally fit the definition of rape SOMEwhere, such as penetrative sexual contact that was not consensual on their part and maybe or maybe not their partners knew it. Or situations of repeatedly abused women who don't have the ability to refuse anymore because of PTSD or etc. I'm talking about experiences of repeated incestual abuse where no stops being said. Do those next 234 times of rape not count? These are the kinds of nuances that I'm discussing.


Now certainly a woman with "morning after regret" can experience a great deal of shame over what she did, but to equate her with a rape victim? Definitely not. By doing so, you are enabling her to continue thinking she wasn't responsible for her own behavior.
Again, see above. I'm not discussing regret or feeling shame. I'm discussing legitimate nonconsensual sex that is more complicated than "he held me down and raped me" or "I was afraid he'd stop loving me so I chose to do it anyway but now I feel dirty." I have not seen an abundance of those kinds of claims, that's not even remotely what I was ever talking about.

So your "many years as an activist, victims advocate and survivor speaker" are somewhat incomplete and will encourage co-dependency if you rely solely on the woman's "feelings" to determine she was raped, and if you were on a rape hotline and someone called you with that kind of situation claiming she was raped (and didn't think so until she saw the guy the next morning, without a roofie being involved), then you should be prohibited from counseling survivors until you get more training, if at all.

More of the "see above" stuff. I never said I relied on someone's feelings to determine, for her, that she was raped. I was and have always only been discussing or referring to individuals who view their experiences as sexual assault but which didn't fit the legal criteria for rape in *some* locations. The fact that it would indeed fit the legal definition of rape in other locations might give some indication that I'm talking to legitimate experiences of violation.

Further more, I never indicated or made a statement about what sort of therapeutic approaches might be taken in my opinion for the individuals who do fit the above criteria. People have continuously implied or outright stated they thought I might be discouraging accountability, and indeed that was not and never has been something I discussed. From the getgo.. I have ONLY been responding to one persons question about what I meant when I said sometimes rape doesn't fit the legal definitions in all locations.

Good grief.

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RE: What actions , if any, should I take? - 5/11/2013 8:12:10 PM   
JustDragonflies


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quote:

ORIGINAL: PeonForHer


I mean, I don't need a 'No' if a woman is screaming, or has started to push at me, or even if she just goes cold on me. I'm not entirely unable to read body language, even when red hot, hard as a rock and in the middle of 'the act'. It's not nice to stop, but it's a lot less nice to continue with a woman who doesn't want it (anymore).

I like to think I'm an intelligent and sensitive man, sure, but even a male dog can read body language. It doesn't take great brainpower and sensitivity. You certainly don't need to be some kind of psychic.


Thank you for the love of all that is decent for bringing this point up.

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RE: What actions , if any, should I take? - 5/11/2013 8:18:56 PM   
LafayetteLady


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quote:

ORIGINAL: JustDragonflies


More of the "see above" stuff. I never said I relied on someone's feelings to determine, for her, that she was raped. I was and have always only been discussing or referring to individuals who view their experiences as sexual assault but which didn't fit the legal criteria for rape in *some* locations. The fact that it would indeed fit the legal definition of rape in other locations might give some indication that I'm talking to legitimate experiences of violation.

Further more, I never indicated or made a statement about what sort of therapeutic approaches might be taken in my opinion for the individuals who do fit the above criteria. People have continuously implied or outright stated they thought I might be discouraging accountability, and indeed that was not and never has been something I discussed. From the getgo.. I have ONLY been responding to one persons question about what I meant when I said sometimes rape doesn't fit the legal definitions in all locations.

Good grief.


Let me make this just a tiny bit easier for you. We are, at this moment, discussing what is rape in the United States. Not some middle eastern country that thinks of women as less chattel. So your *some* locations is pretty much bullshit.

The fact remains that just because a woman feels that she was sexually violated, if she didn't indicate, either by words or actions that her boundaries were being crossed, it isn't simply a matter of not fitting the legal definition of rape, it doesn't fit the literal definition either.

And actually all you ARE stating is your opinion, and using your experience as the reason for it. So trying to say it isn't your opinion is really a load of crap.

No one here has said that a woman may not suffer trauma, even when she is responsible for what happened to her. That doesn't make it qualify as sexual assault.

Good grief is right.

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RE: What actions , if any, should I take? - 5/11/2013 8:37:56 PM   
JustDragonflies


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I was discussing things that differ from state to state in the US.

Again, perhaps helpful:
http://www.rainn.org/get-information/types-of-sexual-assault/was-it-rape

It seems that we're discussing different things or misunderstanding each other. But let us agree to disagree? It's always nice to have a discussion with someone about such a sensitive topic and it remain civil.

< Message edited by JustDragonflies -- 5/11/2013 8:41:10 PM >

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RE: What actions , if any, should I take? - 5/11/2013 9:37:39 PM   
angelikaJ


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quote:

ORIGINAL: LafayetteLady


quote:

ORIGINAL: JustDragonflies


More of the "see above" stuff. I never said I relied on someone's feelings to determine, for her, that she was raped. I was and have always only been discussing or referring to individuals who view their experiences as sexual assault but which didn't fit the legal criteria for rape in *some* locations. The fact that it would indeed fit the legal definition of rape in other locations might give some indication that I'm talking to legitimate experiences of violation.

Further more, I never indicated or made a statement about what sort of therapeutic approaches might be taken in my opinion for the individuals who do fit the above criteria. People have continuously implied or outright stated they thought I might be discouraging accountability, and indeed that was not and never has been something I discussed. From the getgo.. I have ONLY been responding to one persons question about what I meant when I said sometimes rape doesn't fit the legal definitions in all locations.

Good grief.


Let me make this just a tiny bit easier for you. We are, at this moment, discussing what is rape in the United States. Not some middle eastern country that thinks of women as less chattel. So your *some* locations is pretty much bullshit.

The fact remains that just because a woman feels that she was sexually violated, if she didn't indicate, either by words or actions that her boundaries were being crossed, it isn't simply a matter of not fitting the legal definition of rape, it doesn't fit the literal definition either.

And actually all you ARE stating is your opinion, and using your experience as the reason for it. So trying to say it isn't your opinion is really a load of crap.

No one here has said that a woman may not suffer trauma, even when she is responsible for what happened to her. That doesn't make it qualify as sexual assault.

Good grief is right.



In another post, you use getting one's ass pinched as an example of not rape.
Of course it isn't rape, but it can fall under the umbrella of sexual assault.

That kind of thing is often not something that anyone asks permission to do; it falls under the social norm of violating personal space.

Let me give you another example: say a woman is raped by an acquaintance, fights him and says no...the whole bit. If there is another instance with the same guy, she may not say "No!" the second time; after all it isn't as if No meant anything last time.



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RE: What actions , if any, should I take? - 5/12/2013 7:27:14 PM   
theRose4U


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quote:

ORIGINAL: chatterbox24

Anyone who would answer an ad and attend a party for "gang bang sluts" is a total moron. The moment you walk into a situation like that you are "BEGGING TO BE RAPED" One is asking for serious abuse, doesn't take an Einstein to figure that out. Those kind of situations are ones, that will make even a normally very empathic person with tons of compassion, question the stability of a person with such a low judgment call, and to lose compassion. Even if they are at that party, get there, change their mind during interacting, and say no. Initially they are SAYING YES, treat me like a worthless piece of shit. Very hard to take someone seriously under those conditions when they cry rape.
Rape to me is when someone says no from the start, and keeps saying no. Not someone who says "yes" at the beginning, changes their mind half way thru and says no, the person stops the act, and then gets accused of rape? Ridiculous. Or saying yes and screaming no in their mind but not vocalizing it. Ridiculous again.
Real rape is where the victim tries to fight off their attacker, says no repeatedly, and is held down against their will. You cant accuse someone of rape, if you just lay there, and blame someone else for ones total lack of being strong enough to say NO and fight. Let me reword that, You can accuse someone of raping you in that instance, but no one is going to take you seriously.
I was almost raped once, I agreed to a kiss. I began saying no when he pinned my arms above my head, and starting going further, his response was " come on baby you want this" and never missed a beat, he would have got the job done, if not for my sister walking in home early from work. What goes on in someone's mind during that is indescribable.


For the record I responded to what APPEARED to be well educated (and worded) sub prospect, only to receive a picture of the leader of the local GF brigade & a blistering series of bullshit because I called him out on it. After over a dozen emails, texts, attempts to call where I still don't know how he got my number... I only got him to back off by saying "great you're a lawyer the bar association can fill in the blanks for me on the restraining order I will file if you don't stop contacting me"

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RE: What actions , if any, should I take? - 5/12/2013 7:49:52 PM   
MAINEiacMISTRESS


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quote:

ORIGINAL: JustDragonflies

I was discussing things that differ from state to state in the US.

Again, perhaps helpful:
http://www.rainn.org/get-information/types-of-sexual-assault/was-it-rape

It seems that we're discussing different things or misunderstanding each other. But let us agree to disagree? It's always nice to have a discussion with someone about such a sensitive topic and it remain civil.


Thanks, I'm posting the entire thing so everyone can read it:

Was I Raped?


The exact definition of “rape,” “sexual assault,” “sexual abuse” and similar terms differs by state. The wording can get confusing, since states often use different words to mean the same thing or use the same words to describe different things. So, for a precise legal definition, you need to check the law in your state. But here are some general guidelines based on the definitions used by the U.S. Justice Department. Please note that these definitions are a bit graphic, which is inevitable when describing crimes this violent.

Rape is forced sexual intercourse, including vaginal, anal, or oral penetration. Penetration may be by a body part or an object.
•Rape victims may be forced through threats or physical means. In about 8 out of 10 rapes, no weapon is used other than physical force. Anyone may be a victim of rape: women, men or children, straight or gay.

Sexual assault is unwanted sexual contact that stops short of rape or attempted rape. This includes sexual touching and fondling. (But, be aware: Some states use this term interchangeably with rape.)

So, how can you figure if what happened was rape? There are a few questions to consider.

There are three main considerations in judging whether or not a sexual act is consensual (which means that both people are old enough to consent, have the capacity to consent, and agreed to the sexual contact) or is a crime.
1.Are the participants old enough to consent? Each state sets an “age of consent,” which is the minimum age someone must be to have sex. People below this age are considered children and cannot legally agree to have sex. In other words, even if the child or teenager says yes, the law says no.
•In most states, the age of consent is 16 or 18. In some states, the age of consent varies according to the age difference between the participants. Generally, “I thought she was 18” is not considered a legal excuse — it’s up to you to make sure your partner is old enough to legally take part.
•Because laws are different in every state, it is important to find out the law in your state. You can call your local crisis center or the National Sexual Assault Hotline at 1.800.656.HOPE to find out more about the laws in your state.
2.Do both people have the capacity to consent? States also define who has the mental and legal capacity to consent. Those with diminished capacity — for example, some people with disabilities, some elderly people and people who have been drugged or are unconscious — may not have the legal ability to agree to have sex.
•These categories and definitions vary widely by state, so it is important to check the law in your state. You can call your local crisis center or the National Sexual Assault Hotline at 1.800.656.HOPE to find out more about the laws in your state.
3.Did both participants agree to take part? Did someone use physical force to make you have sexual contact with him/her? Has someone threatened you to make you have intercourse with them? If so, it is rape.
•It doesn’t matter if you think your partner means yes, or if you’ve already started having sex — “No” also means “Stop.” If you proceed despite your partner’s expressed instruction to stop, you have not only violated basic codes of morality and decency, you may have also committed a crime under the laws of your state (check your state’s laws for specifics).

Common Questions



I didn’t resist physically – does that mean it isn’t rape?

People respond to an assault in different ways. Just because you didn’t resist physically doesn’t mean it wasn’t rape — in fact, many victims make the good judgment that physical resistance would cause the attacker to become more violent. Lack of consent can be express (saying “no”) or it can be implied from the circumstances (for example, if you were under the statutory age of consent, or if you had a mental defect, or if you were afraid to object because the perpetrator threatened you with serious physical injury).



I used to date the person who assaulted me – does that mean it isn’t rape?

Rape can occur when the offender and the victim have a pre-existing relationship (sometimes called “date rape” or “acquaintance rape”), or even when the offender is the victim’s spouse. It does not matter whether the other person is an ex-boyfriend or a complete stranger, and it doesn’t matter if you’ve had sex in the past. If it is nonconsensual this time, it is rape. (But be aware that a few states still have limitations on when spousal rape is a crime.)



I don’t remember the assault – does that mean it isn’t rape?

Just because you don’t remember being assaulted doesn’t necessarily mean it didn’t happen and that it wasn’t rape. Memory loss can result from the ingestion of GHB and other “rape drugs” and from excessive alcohol consumption. That said, without clear memories or physical evidence, it may not be possible to pursue prosecution (talk to your local crisis center or local police for guidance).



I was asleep or unconscious when it happened – does that mean it isn’t rape?

Rape can happen when the victim was unconscious or asleep. If you were asleep or unconscious, then you didn’t give consent. And if you didn’t give consent, then it is rape.



I was drunk or they were drunk - does that mean it isn't rape?

Alcohol and drugs are not an excuse – or an alibi. The key question is still: did you consent or not? Regardless of whether you were drunk or sober, if the sex is nonconsensual, it is rape. However, because each state has different definitions of “nonconsensual”, please contact your local center or local police if you have questions about this. (If you were so drunk or drugged that you passed out and were unable to consent, it was rape. Both people must be conscious and willing participants.)



I thought “no,” but didn’t say it. Is it still rape?

It depends on the circumstances. If you didn’t say no because you were legitimately scared for your life or safety, then it may be rape. Sometimes it isn’t safe to resist, physically or verbally — for example, when someone has a knife or gun to your head, or threatens you or your family if you say anything.

If you’ve been raped or sexually assaulted, or even if you aren’t sure, contact the National Sexual Assault Online Hotline or the National Sexual Assault Hotline (1-800-656-HOPE) for free, confidential help, day or night.

(in reply to JustDragonflies)
Profile   Post #: 337
RE: What actions , if any, should I take? - 5/12/2013 11:38:11 PM   
LafayetteLady


Posts: 7683
Joined: 5/2/2007
From: Northern New Jersey
Status: offline

quote:

ORIGINAL: angelikaJ

In another post, you use getting one's ass pinched as an example of not rape.
Of course it isn't rape, but it can fall under the umbrella of sexual assault.

That kind of thing is often not something that anyone asks permission to do; it falls under the social norm of violating personal space.


Yes, if could be considered sexual assault, and it does violate personal space. While you took it completely out of context from what I was saying, the reality remains that you can't claim it was raped, and while it may fall under the umbrella of sexual assault, do you think you could really charge someone with that and get the prosecution to take it on? Better yet, do you think that if a woman is so horribly violated by this unwanted contact, she suffers trauma and other issues, she might not have some serious other issues that should be dealt with?

And of course finally, do you think people should help her annihilate the guy who did it on line?

quote:


Let me give you another example: say a woman is raped by an acquaintance, fights him and says no...the whole bit. If there is another instance with the same guy, she may not say "No!" the second time; after all it isn't as if No meant anything last time.




The answer to that is that it depends. First I'm assuming you mean is the second time rape, not the first. So how does she end up in another situation with this "acquaintance?" Is this someone she is dating? Then yes, it is a problem, because you don't go on another date with the person, it's stupid. Because I'm really having trouble figuring out how this hypothetical woman ends up in a second situation with a man who already raped her once. And yes, that is where some kind of responsibility comes in. You don't put yourself in a situation with someone who already raped you. Of course, there could be legitimate reasons for this, the first that comes to mind involves child molesters (since a recent discussion regarding alimony where the man repeatedly raped the woman's daughter). But in cases like that, while it meets the criteria for rape, it is charged legally as child abuse usually.

So with only the information you gave, no the second time is rape. If you would like to expand on your hypothetical, the answer could be different, but as in, the second time the woman put herself there.


(in reply to angelikaJ)
Profile   Post #: 338
RE: What actions , if any, should I take? - 5/12/2013 11:40:16 PM   
LafayetteLady


Posts: 7683
Joined: 5/2/2007
From: Northern New Jersey
Status: offline

quote:

ORIGINAL: JustDragonflies

I was discussing things that differ from state to state in the US.

Again, perhaps helpful:
http://www.rainn.org/get-information/types-of-sexual-assault/was-it-rape

It seems that we're discussing different things or misunderstanding each other. But let us agree to disagree? It's always nice to have a discussion with someone about such a sensitive topic and it remain civil.


Yep. Read it a few times. According to that, these women weren't raped, and possibly not even sexually assaulted, so I'm not sure what the relevance was.

The problem here is not about what rape is. It is actually more about what rape isn't.

(in reply to JustDragonflies)
Profile   Post #: 339
RE: What actions , if any, should I take? - 5/13/2013 12:53:14 PM   
kalikshama


Posts: 14805
Joined: 8/8/2010
Status: offline
quote:

Let me give you another example: say a woman is raped by an acquaintance, fights him and says no...the whole bit. If there is another instance with the same guy, she may not say "No!" the second time; after all it isn't as if No meant anything last time.


I can see where you are coming from if you were using domestic abuse as an example but I can't wrap my head around this for an acquaintance. Would you mind elaborating?

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(in reply to angelikaJ)
Profile   Post #: 340
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