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- Path: sparky!uunet!mozz.unh.edu!kepler.unh.edu!rll1
- From: rll1@kepler.unh.edu (Robert L Lamothe)
- Newsgroups: talk.rape
- Subject: Re: Rape as a perspective
- Date: 6 Jan 1993 21:22:40 GMT
- Organization: University of New Hampshire - Durham, NH
- Lines: 52
- Message-ID: <1ifij0INN2t9@mozz.unh.edu>
- References: <9023@lee.SEAS.UCLA.EDU> <1993Jan6.185409.6551@netcom.com> <AFHWB0QN@cc.swarthmore.edu>
- NNTP-Posting-Host: kepler.unh.edu
-
- In article <AFHWB0QN@cc.swarthmore.edu> eoliver@ralph.cs.haverford.edu (Erik Oliver) writes:
- >There was a novel leagal suggestion being presented in a paper I read
- >recently which argued why this sort of things and many others should
- >still be considered rape. It has to do with the principle which I
- >believe wasa termed "heightened care" or something like that, what the
- >principle referred to was that concept in common law that someone you
- >know has a heightened duty to care about your person.
- >
- >So for example if my best friend were to trick me out of a $100, I might
- >argue that becausee of his close relationship with me, he had a
- >heightened duty towards me. (I think this fleshs out the general
- >principle, I can try to find the original article if people are
- >interested.)
- >
- >Anyhow, the lawyers making this proposal argue that once you begin
- >becomming a none stranger you begin to have heightened responsibilities
- >to get active positive consent without tricking the person.
- >
- >It sounds like in the situation you describe this person knew her
- >feelings, ie he was no longer a stranger, and proceded to subtly coerce
- >her into sex. Under this doctrine, which is not trial tested, I would
- >say that rape had occured.
- >
- >-Erik
-
- I'm sorry but this is rediculous. If your freind tricks you out
- of $100 then you've learned a lesson. An expensive one, but a lesson all
- the same. Lets face it, the world is not a nice place and people are not
- nice creatures, to say that someone has "heightened responsibilities" to
- you and should be punishable by law for tricking you is like saying that
- once again we are our brothers keepers and must maintain their morality
- for them. There is a difference between being attacked and violated and
- having your sense of identity and self robbed from you and another to
- be taken advantage of through your own naivety and gullability. I'm
- not about to walk on rose petals or wear kid gloves in order to avoid
- breaking my "heightened responsibilities". You know if such laws came
- into effect then you could end up getting sued because someone who you
- like as a friend wants more from you than you want to give and you arne't
- living up to your "heightened responsibilities". A rediculous example?
- Sure, but look at how many people are being sued for harrasment for telling
- a female co-worker or employee that they look nice that day. You
- don't think it will be much different for this do you?
- -Bob
-
-
- --
- ---
- Robert L. Lamothe University of New Hampshire
- rll@unh.edu Interoperablity lab room 220
-
- Just because you're not paranoid, doesn't mean they're not out to get you.
- ---
-