'Gray' Rape

Bolding mine. Hell, I’d put it in flashing neon if I could. Well said, WhyNot.

That’s what the article was about and that’s what makes it rape in my eyes and not “grey” at all. The focus on drunkenness and regret are just red herrings, because they’re not the point. In all of the examples in the article, the woman knew at the time that she did not want sex. At some point in time she vocalized “no” or “I don’t want to have sex with you” or “stop” or maybe she pushed him away. These incidents didn’t involve violence or threats or scary men in dark alleys like people seem to think they should for some reason, which is, I suppose, why there’s confusion there. But they were most definitely rapes.

Focusing on “what if she was drunk and she jumped on top of the guy and tied him up and then said she was raped!” kind of scenarios is taking away from what the topic actually is. And that topic is the issue of “grey rape”: incidents where a man and woman are engaged in intimate behavior and the woman expresses her lack of consent, does not violently oppose the man and is not overtly threatened, but the man has sex with her against her will anyway.

Sorry about that I got confused over the course of reading Whynot is quite correst about the cosmo issue. I though were were trying to come up with a better deffination of Gray Rape aka situations where it might or might not be rape.

I NEVER implied she was “asking for it”. However, it does take two to tango. Luckily, once I was past my teen years, my guy stopped jumping up on it’s own all the time. (well, most of the time :smiley: )

Hey now! I was/am trying to point out how confusing such a simple problem can be. I did not mean for you to take offense. As I stated before, I see your arguments, and I just wanted to talk about the man side of things.

I seriously did not mean to upset you, and I apologize. :o

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Y’know, I hear that a lot, and I hope I’m not squashing other voices. In fact, I was a bit derailed myself with the last few arguments before that post, and your replies in particular, jsgoddess, as well as those of other posters, helped me regain my mental balance and figure out where I was going. So thank you!
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Hmph. Well. No need to be so reasonable. Apology accepted. :wink:

Anyway, all I mean is, there are ways to be sexy and “in control” and still get consent from a woman. And, honestly, in a sketchy type situation, if you have any doubts about whether or not she’s into it, wouldn’t you rather (maybe) ruin the mood a little, than keep going and find out later she considers what happened rape? I mean, we can talk about performance all night long, but that ranks pretty low down on the scale, right? Isn’t it better if you can walk away without any second guesses, knowing it was mutually pleasurable? Isn’t that what we want, really, from sex?

I just get disgusted when people come from a place when they are trying to see just how close they can get to rape without it actually being “over the line.” It just seems so wrong to me. Someone earlier said something like, “If coercing gets me sex, and no coercing gets me no sex, then I’ll do what gets me laid” (I’m wording it all wrong; whatever, it’s not an exact quote), and I see that and think, “Why?” Is that the only point of sex for you? It doesn’t matter if she wants it too, or if she’s really into it, as long as I get off. I just think that’s such an immature way to look at it.

Absolutely! IMO, if she doesn’t have a good time; then I don’t have a good time. I was pondering this while making dinner, and I think I was taking your wording to literally. Rather than simply asking, “Is it OK if I put it in?”, the more natural way (and probably what you were implying) would be a heated, [insert low sexy growl] “Do you want this? Huh? Do ya?”*. If she says yes, then I am in like Flynn!

Yeah, I definitely understand that. When I was younger, I was much more ahem assertive. It was very immature, and I have learned from it.
*In fact, I believe someone mentioned this earlier- I’ve looked back but can’t find it, and I am too exhausted to really search.

Spit, thank you for this. As I suppose everyone can see, this is something that is important to me. I was actually kind of upset on the way home from work, because I couldn’t believe how many people were coming in here and (it seemed like) trying to make excuses for rape. I’m glad to see that you heard what I was saying, and it made a difference to you.

Yeah, it doesn’t require whipping out a contract or asking, “Please, ma’am, if’n it isn’t any trouble, may I penetrate your vagina?” It can be sexy, teasing, silly or what have you.

Just so long as nobody gets inspired by this thread. :eek:

Boy, did I miss a lot.

I agree with you on the general principle that many women who feel they have been raped may have not technically by the legal definition been raped, or expressly stated ‘‘no’’ in such a way that their supposed assailant really knew what the hell was going on–in fact, in situations where both parties are plastered, I’d wager it happens a lot.

However, I have to call a logical fallacy on your reasoning here. It presupposes that there is 1 rapist for every raped woman. People who commit crimes generally do it more than once, so no, every man in the world would not have to be a rapist for those statistics to pan out.

The only thing that really seems to be in question here has nothing to do with the OP, and that’s whether a woman who is drunk can be considered to have given consent. This is where we truly, IMHO, get into gray areas, and things have to be taken on a case-by-case basis. Men cannot be unquestionably held as responsible for the actions of women, because that is insulting and patronizing to women, and unfair to men.

This is what I wonder: Why is it that a sober man having sex with a drunk, horny woman somehow elicits more sympathy than a drunk guy who has sex with a sober girl? (Both are sleazy, but neither rape, if you ask me. Because we are working from ingrained stereotypes that women don’t really want to have all that sex and men really will take it any way they can get it. Dumb.

The average guy is not a rapist. Sometimes things can be incredibly subjective where a woman may feel violated and the guy could have no idea. It doesn’t nullify the violated feelings of the woman, but neither does it make her sexual partner a rapist.

Personally, I think this is why lots of women consider themselves to have been raped when it may not seem statistically likely. There is such a strong emotional component to these experiences that objective reality becomes a moot point. To a certain extent, just the idea that you could be helpless and in control of a man is traumatic in itself–because it’s not just this isolated singular event, it is a part of a vast cultural narrative of subjugation and fear that goes back thousands of years.

I once read a very eloquent and hopefully illustrative anecdote by a woman who had been arguing with her boyfriend and was pissily ignoring him. Eventually he got fed up with her cold shoulder treatment. He came out from the shower, grabbed her, threw her down on the bed face first, and held her there. He didn’t rape her, he didn’t threaten her, he didn’t hit her, he just completely immobilized her and ignored any of her pleas to let her up.

After five minutes or so, he did let her go, but she felt after that point their relationship had changed forever. He had told her in so many words that he was capable of dominating her and would do so if she ever pissed him off again.

This woman wasn’t raped. No illegal acts were committed, but she still felt a sense of personal violation. He basically took the historical narrative of women everywhere–helplessness, subjugation, disregard for basic bodily integrity–and threw it in her face.

I would imagine that if a woman had a sexual experience, where inadvertently or not her partner acted in such a way that made her feel she was out of control, she might add ‘‘I feel violated’’ to ‘‘I had sex’’ and construe it as rape.

I am in no way condoning it if she should chose to prosecute or even call the guy a rapist. I’m not even saying he’s anything less than a stellar upstanding guy. I’m saying that experiences like this cannot exist in a vacuum. If she genuinely feels violated, she’s no more a manipulative liar than he is a sadistic rapist. She’s probably just responding to a cultural narrative of victimhood that many women have been aware of and indoctrinated with since time immemorial.

Right. And if a woman drinks too much, gets in her car, and runs over an old lady pushing a baby carriage and kill said old lady and baby, that woman can, will be, and should be held accountable for her decision to drive drunk. The excuse “I was drunk, so I didn’t know I shouldn’t drive drunk” will ****not ** ** be accepted in any court in this country. And the excuse “but the guy bought me the drinks, so I’m not responsible for consuming them” is even less likely to be accepted.

If I’m out in a bar, and I meet a woman, and I buy her a couple of drinks (and have a couple myself), and her inhibitions are lowered and perhaps her judgment is impaired, and we have sex later (let’s assume she’s still standing, capable of speech, and not passed out or incoherent), and she wakes up in the morning thinking “what the fuck happened here, I can’t believe I slept with this fat/ugly/boring guy, I never would have done that if I was sober, he bought me a couple of shots to get me drunk, it’s all his fault,” I did not rape her. This woman cannot simply transfer responsibility for her bad decisions to me.

Grown women have to take responsibility for their own decisions and actions. Including the decision to drink too much (note that I’m not talking about drinking to the point of passing out here, just to the point of lowered inhibitions and possibly dumb behavior). And that’s what it is, a decision. In the scenario I described above, nobody is shoving a funnel down the woman’s throat and pouring vodka into it.

I agree with this completely. But the problem with this is, (in my home state of NY anyways) if she woke up thought that, called her lawyer/cops and decided to press charges she would have a case against you. That was my basic problem with miss elizabeth’s arguments (the always guys fault type mantra…but towards the end of the thread everyone seemed to cool out more.)

I just see this from my (the guys) view. So its slightly changed. The cosmo article is blatant rape, the girls said no and heavily protested. But if a girl is taking her clothes off on top of me and saying “let’s f**k” and we are both 4 or 5 drinks in, i DESPISE and cannot understand how if she wakes up in the morning and goes “crap, shouldn’t have done that” it is rape and i am to blame. However, if i woke up in that SAME situation and went to the police i have no doubt in my mind i would be laughed outta the joint.

…sorry for the lack of eloquence, i’m not so gifted in voicing my views/opinions

(bolding mine)

And it’s this last part that’s the unfortunate and immoral (not to mention illegal) part, I’d say. Yes, absolutely you should be able to press charges and be taken just as seriously as a woman in the same situation. Absolutely. The fact that you wouldn’t be (or the fact that you even FEEL like you wouldn’t be) is the part that’s wrong, not the fact that a woman would be taken seriously. Make sense?

Well, I think the important thing to remember is that neither of you has been raped. If you can’t handle your liquor and find yourself doing stupid things that you regret, then you shouldn’t drink. If someone has spiked your drink, that’s reprehensible–but both of you chose to drink in those situations. Making a bad decision when you were drunk doesn’t equal rape. People, male and female, need to take responsibility for what they do when drunk.

I completely agree with that statement. I wasn’t trying to imply it was rape… I don’t think it is or should be considered rape. But the fact that as a guy a completely willing woman can end up with me in jail irks me. If I’m sober and she is tipsy… yes it may be morally reprehensible to have sex with her, illegal? I’m not sure. But if we are both tipsy and later she says “I was too drunk, It was rape” and I say “I was too drunk to know not to take you saying ‘yes’ seriously” her drunkness over-rules my drunkness and i go to jail…

I do understand your point. But at the same time, I don’t feel i should be allowed to press charges in that situation. I’m not talking obliterated drunk, just had a few drinks. Think a few less than the characters from Knocked Up, or just however few drinks you could go to court and say “i was drunk”

Oh, okay. Yeah, I got that. I do think it’s unfair if a woman consents and then retroactively decides to revoke that consent. It’s an in-the-moment thing. It’s not fair on your partner to consent and then decide you weren’t in the mood. People who do that do a disservice to real victims.

I’m in complete agreement, except with the bolded part. If the drink has been spiked, that’s not just reprehensible, it’s rape. No matter how much either of you chose to drink, you *only * chose to drink alcohol. And once again, it’s when the choice is taken out of your hands that you’ve been violated.

She’s responsible for her actions, he’s responsible for his actions. If she chooses to go to a bar, get drunk, go home with a guy and screw, she’s made a choice, and is responsible for that choice. Just like the guy who went to the bar, got drunk and took her home to screw.

I poked around the drunken contract idea with google. It does appear that contracts signed while drunk may be voidable once you’re sober, but I couldn’t find any clear answer of how drunk you needed to be.

My statement was more keyed towards criminal, rather than contractual responsibility. People who get drunk and commit crimes are not given any leeway for the alcohol affecting their decision making skills.

Just for the record, I never meant to imply “it’s always the guys fault.” I think that’s a mis characterization. When I say do not have sex with someone who is unable to give consent, I’m talking about a child, someone who is developmentally impaired, or a woman who is so drunk she is unable to be truly cognizant. I admit this last one is a little fuzzier, and I do think that, in the interests of caution and basic morality, you should be wary of sleeping with someone who is pretty tipsy. But in order for it to be rape, I mean someone who maybe hasn’t passed out yet, but is heavily slurring their words, drifting in and out of consciousness, etc. If she is an enthusiastic participant, but she had a couple beers, that’s okay.

When I say the onus is on the man, I’m envisioning a scenario where the girl is only semi-conscious, and the man is prodding her, “can I?” And I don’t care what she mumbles in her stupor, you leave that girl alone. If she isn’t actively on top of you, she’s just slumped over there muttering to herself, it’s your responsibility to not take it further. Not because you are the man, but because you are the person who would be taking action and she is a passive participant. Don’t take that action unless you know she is capable of consent, and again, out of respect for your fellow humans, don’t try to fudge the line.

Unable to consent also includes situations where a woman is being forced or coerced in some way, like the earlier story about the girl on crutches trapped in her car. If she can’t say no, because she fears some sort of harm will come to her, than she can’t really say yes either. If you hold a gun on her, and make her say, “yes, I want to have sex with you,” then (duh) that doesn’t count as consent. BUT, if you could easily overpower her, and she fears that if she doesn’t say yes you will hurt her, so she shuts up and let’s you, well, that’s rape too.

Which is why when she says, “No,” you have to stop. If you keep going, and won’t listen to her protests, and then she stops protesting, so you have sex with her, well, you probably just raped her. Especially with women who have been physically abused before, they may get frightened and stop fighting you because they don’t want to add an ass beating on top of the rape. Men need to understand that for a lot of women your size is a weapon. And if you have no intention of hurting her, or doing something with her sexually that she doesn’t want, then you need to respect her when she says, “Stop.”

Saying later, “I would have stopped; I never would have raped her! Why didn’t she scream or hit me or something?” (actual quote from an actual guy in actual handcuffs) will pretty much get you nowhere.

Yeah, I meant that as a separate thing. If someone spikes your drink, that’s totally different. But if you choose to get wasted and do really stupid things, don’t blame the guy because you were drunk and horny the night before and now regret it.