Liberals Eagerly Put Women At Risk Because Of Politics

Townhall.com ^ | September 8, 2014 | Kurt Schlichter

[chesley]

How incapacitated?

If they are unconscious, there is no question it’s rape.

If their judgment is merely impaired, maybe it’s seduction.

[IronJack]

What if the sex actually transpired but between two parties equally inebriated? Why does it constitute rape on the part of the male but victimhood on the part of the female, even if it was mutually consensual? Why is the male adjudged fully competent (and hence, fully liable) while the female is held blameless due to her diminished capacity?

[ConservativeMind]

I would start that argument by saying both raped the other, but for us guys, we are the ones who cross into their bodies and leave a product that only proves we did what we did.

Sadly, we are also typically physically stronger.

The case would end with the man being guilty and the woman's guilt “not proven.”

It is kind of difficult for us to say we didn't at least have battery proven against us, if not rape.

In the end, we need to keep our privates, private and keep ourselves sober enough to be beyond reproach.

[IronJack]

Let’s stipulate that

1) Sexual congress did take place;
2) No force was used by either party;
3) The act was mutually consensual at the time.

The contradiction I’m struggling with is the fact that a woman can claim she was raped if she consents to sexual congress while in an impaired state, under the legal claim that she hadn’t sufficient presence of mind to rationally evaluate her decision. However, a man who has sex with a woman while he is in an impaired state cannot claim the same defense. He is held to be criminally liable for his actions. If the same standard were applied, either the man could defend on the grounds of inability to form criminal intent, or the woman would be held equally liable for the act, since she consented. In either case, a charge of rape would not survive the defense.

[ConservativeMind]

I share your frustration, but if the man doesn’t leave a product behind, or, unless one of these odd Californian “sexual union” contracts is signed, the male will inevitably be the one on the hook for charges (or later child support, etc.).

This is where men need to be very careful.