The dimension is mainly juridic here. Let's leave morality at the doorstep for this situation.His point about unconscious people not wanting tea, can also 'play against' his main point.
In the same way "unconscious people" can not want to be put to safety, even if they said so before being unconscious.
In the same way "unconscious people" can not want to be injected with medicine, even if they said so before being unconscious.
Unconscious people cannot "not want", nor can they "want".
By default, to be consistent, no action should be taken on an unconscious individual, even to save their lives.
pretty good for the most part, but it kind of implies that trying to persuade them to have sex with you is also violating consent, which it isn't. it's actually more likeJust thought this was pretty funny and might be a good way to explain to young people how consent works.
Love the ending!
Understand Consent With the Help of Stick Figures and a Cup of Tea
Coercion• Consent IS when someone agrees, gives permission or says yes to sexual activity with someone else. It is always freely given and both people in a sexual situation must feel that s/he is able to say “yes” or “no” at ANY point during sexual activity.
• At the heart of the idea of consent is the idea that every person, man or woman, has the right to personal sovereignty – not to be acted upon by someone else in a sexual manner unless he or she gives clear permission to do so.
• Consent to one form or sexual activity does not automatically imply consent to other forms of sexual activity.
• Consent means you can’t make assumptions about what your partner does or does not want. Absence of clear signals means that you CAN’T touch someone else, not that you CAN.
• Consent means two people (or more) deciding together to do the same thing, at the same time, in the same way, with each other.
• The idea of consent completely rules out any need to show the use of force, or any type of resistance.
• Consent requires that the person initiating the sexual activity get permission to do so, and that permission does not exist in the absence of resistance.
• There are circumstances, as well, where even when consent is given, it is not valid.Consent would be invalid when forced, threatened, intimidated, coerced, when given by a mentally or physically incapacitated person, or when given by a minor.
• We can’t play the game of, “If she [he] doesn’t want it she’ll stop me.” That’s based on antiquated resistance requirements. It’s not her [his] job to resist, but yours to respect her[his] boundaries, and find out what they are if they are unclear.
• No means no, but nothing also means no. Silence and passivity do not equal permission.
• Consent can be withdrawn at any time.
• Where you see assumptions being made by someone in a sexual context, this is an alarm.Look at those assumptions and see if they are reasonable. Unreasonable assumptions are usually policy violations.
• If you get a “no” and keep right on pressuring and continuing to interact sexually, you run the risk that your behaviors are a coercive influence on the other party.
• Respect for another member of the community is an expectation that all members are expected to uphold at all times, including in the context of sexual interaction. Respect means paying heed to verbal and nonverbal cues, desires, boundaries, and behaviors of others.
• Coercion is a tactic used by perpetrators to intimidate, trick or force someone to have sexwith him/her without physical force.
• Coercion is an issue of power and control.
• A perpetrator who uses coercive tactics knows that his or her victim neither wants nor enjoys this sexual interaction.
• Assailants use many forms of coercion, threats, and manipulation to rape including alcohol and drugs. Alcohol, Rohypnol, and other drugs are often used to incapacitate victims.
• Men who have committed sexual assault also frequently report getting their victims drunkas a way of making it easier to talk or force him or her into having sex (Abbey,McAuslan and Ross, 1998).
• Although the media has labeled drugs such as Rohypnol and GHB as the date-rape drugs of the present, these are only two of the many drugs used to incapacitate a victim. Of the 22 substances used in drug-facilitated rapes, alcohol is the most common. (LeBeau, M.,1999).
• Examples of coercive statements:
o “If you really loved me, you’d have sex with me.”
o “I didn’t think you were such a prude.”
o “But we’ve had sex before.”
o “If you don’t have sex with me, I’ll find someone who will.”
o “I’ll tell everyone that you’re gay if you don’t have sex with me.”
o “I’ll spread rumors about you if you don’t have sex with me.”
o “But you have been flirting with me the whole night.
Funny, My sister was raped when she was 17-18 but her case was thrown out because she never Verbally said "No" or "Stop". Makes me wonder if our judicial system's worth a shit anymore because it literally makes no sense to me.No means no, but nothing also means no. Silence and passivity do not equal permission.
I think some places the law is lagging behind, but changing it is a minor step in the overall transition required for a effective justice system since the beliefs typical to the community about consent and rape aren't well adjusted to the reality.Funny, My sister was raped when she was 17-18 but her case was thrown out because she never Verbally said "No" or "Stop". Makes me wonder if our judicial system's worth a shit anymore because it literally makes no sense to me.
The successful prosecution of sexual offences is regularly frustrated because jurors, judges and legal counsel embrace prejudicial stereotypes about what constitutes consent to sexual intercourse. In 2004 the Tasmanian Parliament instituted reforms to the state’s Criminal Code that inserted a statutory definition of consent in s 2A and imposed additional constraints on the availability of the defence of mistaken belief in consent in s 14A. These changes were amongst the most progressive in the common law world. The reforms were designed to ensure that the issue of consent to sexual conduct would be evaluated according to standards of mutuality and reciprocity and that therefore, in accordance with s 2A(2)(a) of the Tasmanian Criminal Code, proof that the complainant did not communicate consent is sufficient to establish absence of consent.
This thesis looks at the way that the amended provisions are being implemented by conducting a content analysis of trial transcripts of sexual offences cases heard in the Tasmanian Supreme Court in which the determination of the issue of absence of consent was critical to the case outcome. The research also includes interviews with judges of the Supreme Court of Tasmania and legal practitioners admitted to the Tasmanian bar. The treatment of the issue of consent to sexual conduct is examined to determine whether or not it is consistent with the intentions articulated by parliament and the reform advocates. The findings from this research provide evidence that the reforms are not being implemented as intended.
There is evidence that judges and counsel continue to rely on a pre-reform notion of consent and indications that the prosecution tailor cases to their understanding of the jury’s preconceived views about rape,rape victims and consent to sexual intercourse. The thesis concludes that the general reluctance or inability to engage with the new concept of consent that the reforms have instituted must be addressed by providing education about the meaning and effect of the amended legislation if there is to be any hope of achieving positive attitudinal change within both the criminal justice system and the broader community.
I agree - which is why I believe that rape is mostly not about sexual desire but the want and need for power over another person and the fact you are violating them/causing them discomfort and pain.Why would you even want to sleep with someone who was conscious? Wouldnt she just be laying there? Plus, idk, the noises she makes are like the best part..