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- Path: sparky!uunet!newsstand.cit.cornell.edu!vax5.cit.cornell.edu!q2tj
- From: q2tj@vax5.cit.cornell.edu
- Newsgroups: alt.feminism
- Subject: Seducing Drunk Women (or men)
- Message-ID: <1993Jan28.162230.17088@vax5.cit.cornell.edu>
- Date: 28 Jan 93 16:22:29 EST
- References: <C131zH.52q@ddsw1.mcs.com> <1993Jan19.181634.19947@llyene.jpl.nasa.gov> <C1822K.B1G@ddsw1.mcs.com> <1993Jan22.195530.21440@llyene.jpl.nasa.gov>
- Distribution: world
- Organization: Cornell University
- Lines: 70
-
- julie@eddie.jpl.nasa.gov (Julie Kangas) writes:
- >
- > Two drunks mutually consenting
- > to sex is not rape of anybody, regardless of how they feel the
- > next day. However, a sober person seducing a drunk person (and
- > knowing the drunk person wouldn't consent while sober) is taking
- > advantage of that person. While this sober person is not as criminal
- > as the person who jumps out a bush and assaults another person, I
- > feel they are definitely wrong and some sort of punishment is required.
- > (If it's a YoungAndStupid(tm) person, then they are in need of
- > serious maturity and should get off with a lighter sentence than
- > an OlderAndWiser(tm) person who should know better.) A stiff
- > talking to is also required for the drunk person.
- >
- This is pretty good thinking, and I would also like to
- address this issue of a "sober person seducing a drunk person while
- knowing that the consent is only due to drunkeness"
-
- Notice that we *are* talking about a seduction. In most cases,
- seducing someone to give their consent to sex is not a crime
- (exceptions are mentioned below)
-
- We really need to get clear on the distinction between ethics
- and legality. This kind of seduction, like most seductions, is
- highly unethical, and unjust towards the drunk person. But I don't
- believe this is criminal. Our (secular) courts do not dispense
- justice (in it's ultimate sense), rather they dispense equity.
- This situation may very well be outside of our legal system,
- and perhaps that how is *should* be!
-
- The principle in this case is one of "consent during impaired
- judgement" Unless the person was physically forced to drink
- alcohol they are responsible for their state of impaired judgment.
- Wether that impaired judgment comes from emotional trauma, lack
- of sleep, unhappy childhood, or alcohol/drugs that person will
- be vulnerable to being taken advantage of, or being seduced.
- I see no reason to prosecute any of these cases so long as
- seduction in itself is considered legal. The only case where
- the consent is invalidated is in certain cases like "not of
- majority age" or mental retardation, certain mental illnesses,
- or certain kinds of duress (threats of assault, loss of job, etc.)
-
- There are also some practical considerations. In real life we
- can be confident that if a drunk man was seduced by a woman
- he would never ever have sex with, prosecuation of the woman
- would be *inconceivable*. No matter how traumatized the man
- was there wouldn't even be a name for a criminal charge for the
- woman. No doubt this is related to our cultural ideal that a man
- should always be ready for sex whenever and wherever and with
- whomever; but that has no legal bearing. If the man is the seducer
- he is similarly unethical as in the case of a woman seducer, but legally
- is no more culpable.
-
- I think we should resist the urge to say "hey! there oughta be a
- law against that!" everytime we notice something unethical or wrong.
- Criminal charges in the above case seem completely inappropriate.
-
- Putting legalism aside there's also one train of radical-feminist thought
- that goes some like the following:
-
- We should not assume that the women is to be
- an innocent protected flower. Any idea that women
- cannot take full responsibility for their actions
- (however stupid) will be a return to puritanism
- or a state of tutelage.
-
-
- Steve Seidman
- q2tj@vax5.cit.cornell.edu
- seid@ee.cornell.edu
-