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- Xref: sparky alt.feminism:6584 misc.legal:21754
- Path: sparky!uunet!gatech!paladin.american.edu!howland.reston.ans.net!usc!cs.utexas.edu!rutgers!cmcl2!panix!gcf
- From: gcf@panix.com (Gordon Fitch)
- Newsgroups: alt.feminism,misc.legal
- Subject: Retardation and Rape (was: Re: Mysogynist Bullshit)
- Message-ID: <1992Dec27.235337.25000@panix.com>
- Date: 27 Dec 92 23:53:37 GMT
- References: <1992Dec27.183632.9369@zooid.guild.org> <Bzxpq3.Fw7@news.cso.uiuc.edu>
- Organization: mydog in exile
- Lines: 38
-
- levine@symcom.math.uiuc.edu (Lenore Levine) writes:
- | ...
- | A young mentally retarded woman was persuaded to engage in sexual activity
- | by some high school youths, neighbors of her and football players, who
- | told her that they would take her on a date if she performed these
- | activities. She performed oral sex on them, and they stuck inappropriate
- | objects in her vagina; then they left. The young woman stuck around the
- | basement where this all happened for hours. She was convinced the young
- | men would come back and take her on a date!
- |
- | When court-appointed personnel examined her, she seemed to have no
- | idea that the young men were not her friends; she merely wondered why
- | they didn't come back! And she did not appear to have any sexual
- | feelings or desire for sexual release of her own.
- |
- | Once again, I am not saying that sexual intercourse with a retarded
- | person is *necessarily* rape. But I think it clearly was in this case!
-
- There's the important question of consent. The retarded woman
- apparently gave consent for the acts, and while some of them are
- unusual, they are well within the range of known behavior of
- adults of both sexes with full mental capacity. Now, most of us
- would say that the youths should have known better than to have
- sex with her, but it may be they were dumb and incapable of
- making the necessary distinctions. Actually, I have some trouble
- with them myself, because the woman, according to the media,
- possesses the intelligence of an eight-year-old, but an ordinary
- eight-year-old would almost certainly refuse intercourse with a
- fungo bat. I do not envy the jurors who have to sit in judgement
- on this one.
-
- I note that a good deal of the talk about this has focused
- on the _unaesthetic_ quality of having sex with a retarded
- person. It is not relevant.
- --
-
- )*( Gordon Fitch )*( gcf@panix.com )*(
- ( 1238 Blg. Grn. Sta., NY NY 10274 * 718.273.5556 )
-