Oxford Union Rape Case Shows That Consent Is Never Black and White

The Telegraph ^ | 30 Jun 2014 | Claire Cohen

[nickcarraway]

The sorry tale of Ben Sullivan only serves to show how complex the issues surrounding rape allegations have become, writes Claire Cohen

Last week, the 21-year-old president of the Oxford Union was cleared of all charges against him – having been accused of the rape, and attempted rape, of two students last year.

Now, leaked documents appear to show one of the women admitting online that their encounter was ‘consensual’, almost a year before Sullivan’s arrest.

It’s tempting to see these leaked documents as containing a tacit admission of consent. But that would be an over-simplification.

Yes, the woman seems to agree with Sullivan that sexual intercourse took place. But that isn’t the same as consent. Nothing about it is black and white.

As a general proposition it’s vital to remember that rape doesn’t always look like rape. Sometimes, what looks like consensual sex can be rape. And even if you’ve had a consensual relationship with someone in the past, it doesn’t mean it can’t be rape either.

More than one in five women is raped by their husband, or partner. This should dispel the myth that rape involves being dragged down a dark alleyway at knifepoint. Such cases do, of course, occur but don’t constitute the majority of trials. Most rapes happen in the home - often between two people who, on the surface, might appear consenting and agree that intercourse did take place. The issue is one of consent and there is nothing ambiguous about a woman’s rights to give or not give her consent at any time. Where ambiguity may arise is whether on particular facts, sex was consensual or not. The principle is clear, the difficulty emerges in application.

There are multiple shades of grey; some not even apparent to the accuser.

[Star Traveler]

If you see 50 states with 50 different legislatures okaying it, I’ll guarantee you there’s not much you’re going to be able to do about it ... :-) ...

[Lonesome in Massachussets]

Morse: Lewis, Lewis, Lewis! You never fail to amaze me! Of course she gave her bloody consent, and damn well enjoyed it! But nothing is ever as simple as that, Lewis, not in Oxford it isn't. Suppose for example that her grandmother was being held hostage by the Stasi and her uncle, the lecturer at Christ College in medieval Minnesang was taking money from an American drug company to falsify reports of a weight loss drug that was using British subjects as guinea pigs. Lewis, it's all so simple really! Don't you see it, Lewis?

Lewis: Think I'll need a pint to figure that out, Guv.

[Dr. Sivana]

If you see 50 states with 50 different legislatures okaying it, I’ll guarantee you there’s not much you’re going to be able to do about it ... :-) ...

I don't have to acknowledge it as standard English. Heck, I still don't use the word "gender" as a replacement for the word "sex" ("gender" is a jocularity or blunder except when used to refer to language constructs [e.g. "la" vs. "le" in French] per Fowler).

If the rest of the country adopts Newspeak as its legal language, I will cling to standard English for my personal discourse.

The fight for language is never over. I concede that the laws have changed nationwide.

[cuban leaf]

But we are no longer a land of laws. That’s the thing. And regarding this particular issue, I’m not at risk. Regarding law in general. It’s why I moved here. I actually notice people driving around with people sitting in the beds of their pickups. In some very real and positive ways, I’ve returned to 1950’s USA. I love it!

[cuban leaf]

Thing is, when those guys used phrases like “rape rape” and “legitimate rape”, though their wording was terrible, I knew the point they were trying to make.

I also think the penalty for DUI with a .08 should be like a low level speeding ticket while .2 has a bit stiffer fine, if you get my drift.

[cuban leaf]

There are plenty of other crimes that an abusive (including sexually abusive) husband can be charged with. Rape just isn’t one of them. There are other crimes that a man who is abusive to his wife can be charged with.

---

Yep. You are getting to the core issues there. Words have meaning.

And for all those that say “it’s the law”, need I remind you of Obamacare, legal abortion and homosexual marriage?

[Star Traveler]

We’re a land with a lot of jails in it and people still go to jail ... LOL ...

[WayneS]

The issue is one of consent and there is nothing ambiguous about a woman’s rights to give or not give her consent at any time. Where ambiguity may arise is whether on particular facts, sex was consensual or not.

Let's contradict ourselves within two sequential sentences.

[jimt]

The actual story seems to be about two women who want it both ways - they consented (factually), they acted, and now they either regret it or see a cash opportunity.

Clearly two women any moderately intelligent man would avoid like the plague they are.

The article was written by an idiot. Sorry babe, but women like you make men want to join the priesthood.

[cuban leaf]

Yet Cliven Bundy is still free. ;)

[tx_eggman]

You don’t understand that the US government has lost all credibility regarding laws. They are no longer to be taken seriously, unless they have you in their sites.

"Did you really think that we want those laws to be observed?" said Dr. Ferris. "We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against - then you'll know that this is not the age for beautiful gestures. We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it.

There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt. Now, that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."

Ayn Rand - Atlas Shrugged