Why rape is unique and why should it be a distinct crime from battery?

Discussion in 'The Cesspool' started by Trooper, Oct 31, 2014.

Thread Status:
Not open for further replies.
  1. GeoffP Caput gerat lupinum Valued Senior Member

    Messages:
    22,087
    No need to be cheeky. Apple does have an "End of the world" app. Would it be the strangest thing you'd ever heard of?

    Weelll... same question. We live in a time and society that's evolving. I agree that it deviates from our expectations of our own culture, but then again so does every material advance that man has made in the last hundred years. Is there a practical objection, or just aesthetics?
     
  2. Guest Guest Advertisement



    to hide all adverts.
  3. Kittamaru Ashes to ashes, dust to dust. Adieu, Sciforums. Valued Senior Member

    Messages:
    13,938
    Indeed - typically, from what I've seen, it ends up being "the People of *insert location/state/what have you here* vs *insert name of the person who had sex with a minor*
     
  4. Guest Guest Advertisement



    to hide all adverts.
  5. Kittamaru Ashes to ashes, dust to dust. Adieu, Sciforums. Valued Senior Member

    Messages:
    13,938


    See your next statement.




    Indeed - and in the case of sex with a minor, or any other variation of statutory rape, it is still offensive sexual contact. Or... are you trying to claim that statutory rape is not somehow "offensive"?

    So you are making an apparent counter-argument to my point that you agree with... for what reasons?

    So you do not consider coercion to be force? Because, lets be honest - if an adult and a minor have sex, who is it, generally, that has suggested having sex, or planted the suggestion? For that matter, should it be a case where the minor has actually suggested having sex, who is it that gave consent, hm? Either way, the adult has, in some way, manipulated the minor - if nothing else, they know that what is about to happen is ILLEGAL.

    Is it possible to rape without use of physical violence? Sure. It is still, b the legal definition, battery.

    Oh? I apologize if I've confused you by using the legal definition of the term Battery - perhaps you should brush up on your vocabulary before partaking in verbal jousting, because at this point all you are doing is waving your arms around and crying foul.
     
  6. Guest Guest Advertisement



    to hide all adverts.
  7. Randwolf Ignorance killed the cat Valued Senior Member

    Messages:
    4,201
    Offensive to whom?
    I'm not.
    I don't know Kitt, Who? Generally? Please provide statistics, with citations.
    Hmmm? Considering that a minor cannot give consent, by definition, what is your point? Mine is that rape does not always invovle battery. Refute that...

    Really? Based on your unsubstantiated assertion?
    Do they?

     
  8. Trooper Secular Sanity Valued Senior Member

    Messages:
    1,784
    The California's Senate Bill 967, “Yes means yes” was signed into law, rewriting the rules of consent. I think it’s a move in a positive direction but it’s going to be tricky.

    You have to admit that the Good2Go app is a little odd, though. What if you change your mind? Would it make it more difficult to prosecute? It may raise awareness, and help defend against false claims, but it doesn't really solve the problem.
     
  9. Kittamaru Ashes to ashes, dust to dust. Adieu, Sciforums. Valued Senior Member

    Messages:
    13,938
    Then you are illiterate... I have already provided citations.

    Battery
    Definition
    1. In criminal law, a physical act that results in harmful or offensive contact with another's person without that person's consent.

    2. In tort law, the intentional causation of harmful or offensive contact with another's person without that person's consent.

    http://www.law.cornell.edu/wex/battery

    Offensive to whom? So you honestly do not think sex with a minor is offensive? That speaks volumes of your character. Sex with a minor is offensive to simple sensibilities - an adult has power over a minor, simple as that... using that power to get sex is despicable.

    So you claim that there is no way an adult, by being the "authority figure", can manipulate a minor? Or that a teacher, being the authority figure, can manipulate a student? Or a host of other issues?
     
  10. Trooper Secular Sanity Valued Senior Member

    Messages:
    1,784
    Kitt, repeat after me. I was wrong. It's not about force. It's about consent.

    Now, begone.
     
  11. Kittamaru Ashes to ashes, dust to dust. Adieu, Sciforums. Valued Senior Member

    Messages:
    13,938
    I never said it wasn't about consent - however, you questioned whether or not rape and battery were parallel - as it stands, no, they are not. All rape involves some form of battery - not all battery involves rape; by definition, that is correct.

    Or, are you only worried about it being correct when it is convenient for you?
     
  12. Trooper Secular Sanity Valued Senior Member

    Messages:
    1,784
    The OP was about violent assaults, but you're still wrong. Rape is about consent, now.

    Do you see any potential problems with this? Will this place the burden of proof on the accused? How would an innocent person prove consent under this new standard?
     
  13. Kittamaru Ashes to ashes, dust to dust. Adieu, Sciforums. Valued Senior Member

    Messages:
    13,938
    hm?

    I don't see anything about consent in that - rather, it seems to be a question of "are rape and violent assaults parallel crimes?"

    Regardless - Do I see any potential problems? Of course - there are problems with any legal proceeding. The "victim" can be lying, the accused could have hidden their identity, both parties could have been shit-faced-drunk, etc.

    The question is... do you know of a better solution?
     
  14. Trooper Secular Sanity Valued Senior Member

    Messages:
    1,784
    Oh, silly me. So, that's the question, huh? Says who?
     
  15. Kittamaru Ashes to ashes, dust to dust. Adieu, Sciforums. Valued Senior Member

    Messages:
    13,938
    So the answer then, is no - and thus, this thread is pointless.

    So, again... give me a reason to not cesspool this as pointless spam?
     
  16. Trooper Secular Sanity Valued Senior Member

    Messages:
    1,784
    We're having a discussion. I would like it to continue but you keep trolling it. I'm tired and nobody wants to spoon feed you.

    Goodnight, Kitt.
     
  17. Kittamaru Ashes to ashes, dust to dust. Adieu, Sciforums. Valued Senior Member

    Messages:
    13,938
    So there is none... fair enough.
     
Thread Status:
Not open for further replies.

Share This Page