Grunching, but in most of these rape threads, even those who are most cautious to use the word rape end up agreeing by the end of the thread that "while X wasn't rape, it was a really slimy thing to do and that guy is a bad human being."
Well, that's kind of what we're dealing with here. These are university disciplinary boards, not criminal courts. The accusers that pursue disciplinary action through the university are paying customers who are often choosing that route over hauling the accused into criminal court. Because they are customers, and because the university doesn't have the power to lock somebody up in jail, I don't have a problem with them taking a bit more rope in pursuing an environment ever so slightly closer to the traditional courtship practices DVaut1 was describing.
Also, why are we taking this guys word about school disciplinary policies based on a freaking one page newsletter that grossly oversimplifies 5 cases in which he found himself in the minority? Can anybody actually go out there and find me a school sexual misconduct policy unrefined enough that it could be said "drunk sex = rape under Policy x"?
Just googling a couple, it unsurprisingly seems like that is not the case at all that intoxication is used interchangeably with incapacitation.
Quote:
Originally Posted by University of Pennsylvania Sexual Violence Policy
Sexual violence may be committed by:
Physical force, violence, or threats
Coercion or intimidation
Ignoring the objections of another person
Causing another’s intoxication or impairment with alcohol or drugs
Taking advantage of another person’s intoxication, incapacitation, unconsciousness, state of intimidation,
helplessness, or other inability to consent.
. . .
What is consent?
Consent is an affirmative decision to engage in mutually acceptable sexual activity, and is given by clear words or
actions. . . . Consent cannot be obtained from someone who is asleep,
unconscious, or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition.
That sounds to me like, at the very least, it's much more complicated than drunken sex = rape. The sexual violence definition explicitly examines the conduct of the accused by requiring some sort of "taking advantage". They also use the word incapacitation, not intoxication, when discussing what invalidates consent. Here's another one:
Quote:
Originally Posted by Pennsylvania State University (granted, one of the more rapist-friendly places out there)
Consent must be informed, freely given and mutual. If coercion, intimidation, threats or physical force are used there is no consent. If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature or extent of the sexual situation, there is no consent: this includes impairment or incapacitation due to alcohol or drug consumption, or being asleep or unconscious.
That isn't just "oh, we got drunk and ****ed." It's a level of impairment that they seem to put on par with being asleep or unconscious, and having no idea what the **** is going on.
Aside from that, you'd be even harder pressed to find a policy that agrees with ikes' characterization of the gender discrimination issue (reading that only the woman's consent is invalidated in cases of intoxication).