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Petethelate Uber Geek Posts: 863 |
posted September 13, 2000 00:29
"Rape" apparently pervades the animal kingdom; I read an account of observations of whales Dunno other critters, but mounting and quasi-copulary (wow--sure hope that wasn't a real word. ) behavior is a common dominance mechanism among dogs. With my two dogs, when they both came into the household, they knew each other, but were out of the old pack. So, it was a matter of some concern to them as to who'd be the top dog. (They agreed it was me--usually, but #2 was pretty important.) This was the first time I saw a female mount a male. Knight didn't like it.... (FWIW, with two adult dogs in a household, with similar dogs, the female is usually the dominant one. Not sure with an adult male and a female pup.) Nowadays, when I'm brushing Mary's teeth, Knight will try a very discrete version of it--he stays a bit away from her and does the dry-humping thing. He's not quite bold enough to actually mount her--Mary has very sharp teeth. Mary's still the top (4-legged) dog in the house. Ptl IP: Logged |
ARJ SuperBlabberMouth! Posts: 1000 |
posted September 13, 2000 14:15
quote: There are other problems with looking to animal behavior for explanations of rape. Animal behavior is far more complex and far less understood than we'd like to think, especially in higher-order animals like whales. In fact, when observing dolphins, researches discovered that those creatures have highly complex sexual relationships, including homosexuality, and sex with older animals that were no longer viable. Those particular interactions defy simple "evolutionary/survival" explanations. And, since we can't just ask animals what exactly they're doing and why they do what they do, it makes their behavior even more mystifying in some ways. As for rape as an evolutionary strategy, I'm not sure on numbers, but it was always my understanding that at least in human beings, pregnancies from rapes are statistically rare, since rapes are generally more of a hit-and-run type of event. This makes determining the "evolutionary" roots of rape behavior somewhat muddled, since I really doubt the success of rape as a reproductive strategy. Anybody have any numbers or references on that? IP: Logged |
Tau Zero BlabberMouth, the Next Generation. Posts: 1685 |
posted September 13, 2000 15:09
quote:ISTR that the odds of a full-term pregnancy ensuing after any single act of coitus are between 1 in 30 and 1 in 100. Whether that is good enough odds to perpetuate an evolutionary pressure, I don't know. Another factoid: Supposedly, the odds of pregnancy are higher if the woman's orgasm comes after the man's. In established relationships the order is usually the opposite, but in one-time consensual coitus the man usually comes first. Looks like human sexuality is set up to improve the chances of out-crossing. I admit that I find this a little bit unsettling. IP: Logged |
Mindy Viridis Geek Posts: 81 |
posted September 13, 2000 15:33
quote: Excuse me, but are you seriously suggesting that women achieve orgasm when raped??? I won't claim it to be impossible, but I hardly think it's common. I don't know of any experimentation or statistics on the effect of female orgasm on the probability of conception. ------------------ IP: Logged |
Tau Zero BlabberMouth, the Next Generation. Posts: 1685 |
posted September 13, 2000 16:52
quote: Learn to read: quote:I don't have a source for this, it's from memory. The subject, IIRC, was about opportunistic (consensual) mating practices, and what this means for low-status males in ape groups and possibly humans as well. IP: Logged |
Saintonge SuperBlabberMouth! Posts: 1113 |
posted September 13, 2000 20:22
My understanding of population genetics is that an allele with a 1% 'fitness' advantage ('fitness' in population genetics means likelihood of being passed on, making 'survival of the fittest' a tautology, but that's a rant for another time), will sweep the gene pool in a surprisingly short period of time. Therefore, I would expect that genes that predispose men to rape, other things being equal, would tend to spread. Of course, other things aren't equal, and rape attempts can get men killed (not nearly often enough, alas), so it would also be expected that there would be genes to control said behavior, reducing the risks for the rapist. All this assumes, of course, that 'rape genes' actually exist, about which I have no opinion. Tau: please learn to be more polite in your responses. IP: Logged |
Tau Zero BlabberMouth, the Next Generation. Posts: 1685 |
posted September 14, 2000 11:25
Saintonge: The repeated accusations, either baseless or directly contradicting what was actually written, have exhausted my reservoir of goodwill. As for your sentiment regarding rapists, I found this little gem: IP: Logged |
Saintonge SuperBlabberMouth! Posts: 1113 |
posted September 14, 2000 20:22
quote: Tau, I know you find this hard to believe, (so does Astrid, sometimes), but when people say 'Are you saying ... " It may just be because the original poster was obscure. In any case, a simple, 'No, I'm saying ..." without the unpleasantness works just as well for establishing communication. In fact, it works better! My sentiments exactly. 'Kill ALL the rapists, let God sort them out.' IP: Logged |
Astrid Leuer Super Geek Posts: 150 |
posted September 15, 2000 02:54
Just wondering why you guys think that a rape is necessarily so much terribly worse than any other kind of assault that it deserves the death penalty. And "rape" covers a whole spectrum of assaults, from clear cases to very morally messy situations where things are much more ambiguous. For example, a rape can begin *during* an act of consensual sex; if the woman gets bored and asks him to stop, and he doesn't comply quickly enough, well that's rape (and has been found to be so by the courts). Would you say "kill him and let God sort him out" in that case? When we build rape up into this big terrible thing, then we're not helping matters at all; we're increasing the social taboo and stigma, and making it worse to be raped. If it was treated like a normal assault (which is all it really is -- a penis is much less damaging than a fist in most circumstances), then I can't help but think that it would be more psychologically healthy for all concerned. The rape stigma/taboo is really all about men, not women; rape is regarded as a huge offence because it transgresses against men's feelings of ownership over women. Which is why, although I know these shows of chivalry are meant well, I can't help but think that they're counterproductive in the long run. Oh dear, challenged another assumption. Here come the flames .... IP: Logged |
Sad Mini-Geek Posts: 51 |
posted September 15, 2000 03:46
quote: hmmn. not sure, myself.
quote: Never heard of case beginning with consensual intercourse.
quote: Well, this last part seems idiotic on several parts to me. Women need to really comment though to get the real picture I think. If it was mostly a property/man thing, then one'd think that rape would have been taken more seriously in times past. ...although as I write this I wonder. Was not considered Regards severity and lesser of penis/fist, that's what got my idiotic appellation above, and where I'd especially like to hear from a lot of other women. From my one data point (one lover who'd been raped prior to our meeting): I don't think Perhaps part of this might be akin to part I don't know. It's hard for me to imagine that if someone sexually assaulted me, that I'd find it akin to 'simple' assault. IP: Logged |
Astrid Leuer Super Geek Posts: 150 |
posted September 15, 2000 04:14
quote: In Anglo-Saxon times, rape was punished with death .... for the victim. The idea being that if a well is polluted, it doesn't matter how the pollution came about.
quote: But that's my point. The emotional and psychological effects are socially constructed; people are emotionally affected because they are taught to be. It's learned behaviour. Across countries, the rape/suicide correlation is directly linked to the strength of the social taboo. SA has the highest rate of rapes in the world, btw.
quote: Male rape is a whole nother ball game. But it's hard to see, in objective terms, why it should be so much more awful for the victim than female rape (and it is; suicide figures bear this out) IP: Logged |
Sad Mini-Geek Posts: 51 |
posted September 15, 2000 05:40
Emotional/psychological responses are not necessarily learned behavior. Why should male rape be another ball game.
quote: Explain this statement further, please. Finally, I don't know why male rape should be any different. But your comments, if anything, lend the most credence to your prior notion of emotional/psychological response as social construct. IP: Logged |
Sad Mini-Geek Posts: 51 |
posted September 15, 2000 05:43
Sorry, 2nd sentence was garble. I've yet to be able to edit response for typos and such. It always complains that IP: Logged |
Tau Zero BlabberMouth, the Next Generation. Posts: 1685 |
posted September 15, 2000 10:40
quote:(Now this is an honest question, because I know that nobody has already answered it.) We haven't talked much about assaults or anything like that, but IMHO the victim of an assault or a threatened assault is entitled to use as much force as necessary to stop the assault and/or repel the (threatened) assailant. This is about preventing a crime or stopping a crime in progress, not about punishment after the fact. If the victim doesn't have enough latitude to threaten with a gun (and repel the assailant) without increasing their danger (if the assailant has already closed or is in the victim's dwelling, it may be impossible to react in time to a move on the assailant's part) it is reasonable to use force immediately. The blame for the assailant's fate falls on the assailant. And no, I don't draw any lines between attempted murder, rape, robbery or just beatings when it comes to self-defense (and how's a possible victim to know what an assailant intends?). People have a right not to be assaulted, and if assailants find themselves confronted with the prospect of deadly force that is just tough for them. As for failing to stop when the partner gets bored... that's cause to rebuke someone. That may even be decent grounds for divorce. Criminal prosecution? Give me a break. IP: Logged |
Astrid Leuer Super Geek Posts: 150 |
posted September 15, 2000 11:03
quote: No break for you, I'm afraid. Like it or not, that's the law -- unless you're aware of a clause in the code which says that a woman only has the right to decide what happens to her own body when there isn't a penis inside her. IP: Logged |
Mindy Viridis Geek Posts: 81 |
posted September 15, 2000 11:38
quote: Astrid, dear, your Anglophilia is showing. quote: Well, of course in any society that says "Raped women have no value", that correlation will hold. But it's quite a leap from that to say that all of the emotional effects are learned. For one thing, the strong correlation between child rape and multiple personality syndrome is a strong indication that there is a fundamental difference between rape and other forms of assault. It still astounds me to see you, or any woman, trying to explain away the impact of rape as a "social construct". From a man with your academic background, it might be understandable, but it amazes me that university brainwashing is so effective that it can convince a woman that being raped is, or should be, no worse than a beating. If I didn't know better, I'd think you were one of those pathetic men who pose as women on the Internet just to get someone, anyone, to pay attention to them. I swear, your academicism has turned you into a gutter barrister (sorry, I mean "lawyer" -- I'm still learning to speak USian) of philosophy, able to twist things this way or that according to the whims of intellectual fashion. quote: I'm surprised you don't simply explain it away as the male's response to being pushed down to the bottom of the pecking order (oh dear, was that a pun?); being, essentially, made equal to women by being treated like one as an target of sexual dominance. But then we'd be talking about primate behavior, not your beloved "social constructs", which I guess explains why you didn't propose this interpretation yourself. ------------------ IP: Logged |
Astrid Leuer Super Geek Posts: 150 |
posted September 15, 2000 11:57
quote: Only observed in societies with an Anglo-Saxon/Christian culture. MPD barely exists in Arab countries, where child rape is much more common, or in SouthEast Asia, where child prostitution is more or less institutionalised. In fact, the only really valid observations (ie those for which there is decent evidence that it's anything other than garden-variety schizophrenia) are in the USA.
quote: Gawd, you're such an *engineer*, and a pretty poor feminist to boot. This is about objective analysis, not your idea of a sex war, Minds. Why on earth should anyone think differently about this issue just because they're a woman? Damn, rumbled I'm actually a big sweaty Boer rugger player called Hansie, just like you like 'em
quote: I'm surprised you don't simply explain it away as the male's response to being pushed down to the bottom of the pecking order (oh dear, was that a pun?); being, essentially, made equal to women by being treated like one as an target of sexual dominance. But then we'd be talking about primate behavior, not your beloved "social constructs", which I guess explains why you didn't propose this interpretation yourself. [/B][/QUOTE] Oh gawd, somebody's been at the pop science books again ..... let me guess, evolution of social norms is Darwinian, huh? Looks like someone got out of the wrong side of bed this morning, with a big sweaty American Football player called Hank .... c'est vrai, ce petit-mesonge ca? IP: Logged |
Mindy Viridis Geek Posts: 81 |
posted September 15, 2000 12:02
quote: I tend to think of chivalrous behavior (men opening doors for me, and so on) as simply a sort of preliminary mating ritual. "See, I'm useful, I'm nice to you, now will you go to bed with me?" That men also do this for married women, or for old women, etc., is beside the point. A married woman may still be available (adultery is hardly uncommon). As for old women, ugly women, young girls, and otherwise-inappropriate partners, I think men are chivalrous towards them (though noticeably less so than towards attractive women of child-bearing age) basically as a way of pretending that chivalry isn't about sex. Western culture has an interesting tendency to hide its own sexual behavior from itself, of which this is one example. ------------------ IP: Logged |
Astrid Leuer Super Geek Posts: 150 |
posted September 15, 2000 12:18
quote: That's gentlemanly behaviour, not chivalrous. Some hard-core types think that it contains a hidden message about female helplessness, but that's bridge too far into loonyness for me. "Chivalry", in my book, contains an undertone of aggression -- look at the etymology -- and also directly refers to a culture under which women were chattel property. ------------------ IP: Logged |
Mindy Viridis Geek Posts: 81 |
posted September 15, 2000 12:21
quote: As if many women or children get to see psychiatrists in those countries! When there's no examination, diagnosis is rather unlikely. quote: The mind boggles. Why should anyone have a deeper understanding of something that affects them personally? Can you guess? Not that men can't be raped, of course, but statistically, how many are? Compared to about 30% of all women? I don't think the average male really worries about rape, unless he's just entered a penitentiary. quote: No, his name wasn't Hank, and he doesn't play football, though he probably could. ------------------ IP: Logged |
Astrid Leuer Super Geek Posts: 150 |
posted September 15, 2000 12:27
The early bird catches the 300th post! Hey hey! {moon} IP: Logged |
Veldrane Super Geek Posts: 246 |
posted September 15, 2000 12:54
Alright, even though this list is long enough (we'll see a page 5 soon, I'm sure) I feel compelled to make a comment. I guess it irks me when someone asks what the big deal is about rape when all my female friends (I found these tidbits after we've been friends for a while) have been raped at one point or another. I only know of one male that has had that 'experience' but it wasn't physically violent (the assailant was female) but that case is empirically(sp?) no different. I feel (strongly) that the difference between rape and murder is that you let the victim live with the crime. Ok, that's true for both cases just that the murder victim has a much shorter life span from the time point of the action. Rape utterly destroy's a person's life (as opposed to just ending it). It ruins any type of trust relationship that person may develop later. It will destroy emotional relationships. It will cause massive depression. Its a personal and embarrassing crime. Its an invasion into a person's most important privacy. It leaves a person with feelings of vulnerability and weakness. Rape is not something someone can just deal with it and be done. You have to deal with the memory and emotions every day for the rest of your life. So, to treat rapists with a light hand of authority sends a message to the victims that the victimization wasn't really that bad. About 2-3 years ago, a woman in Oregon was imprisoned for shooting (and killing) the man that raped her. I don't remember there being any type of statement by authorities proclaiming the right or wrongness of the man's actions but obviously she wasn't legally justified in her actions.
-Vel IP: Logged |
Mindy Viridis Geek Posts: 81 |
posted September 15, 2000 16:28
quote: Actually, there are differences. The rape of a male by a female, unless we're talking about anal rape involving an artificial phallus, is not penetrative (to the victim) and does not involve a risk of the victim becoming pregnant. Not to say that a male forced into sex by a female suffers no trauma, for that's far from the case, but these factors do make for a significant difference. For males, the worst form of sexual assault (other than, perhaps, genital mutilation) is anal rape by another male. quote: Well, I think you're overdoing it, but again, there are historical aspects to this. The whole "rape utterly ruins the victim's life" thing was, I think, part of the same sociopolitical campaign as "rape is not sex", directed against the previous social tendency (at least among men) to trivialize rape. What I object to in this is that it paints a rather depressing, defeatist picture for the victim to say that, in essence, "You've basically been murdered; your body is still moving, but your soul is dead" (which is the logical implication of what you wrote, assuming, charitably, that logic had anything to do with it). If a woman is raped, she shouldn't think afterwards, "My life is ruined, I'll never be happy again." At that point, she might as well commit suicide! Better, instead, to say, "I've just been through a terrible, traumatic experience, and it will surely take time to come to terms with it, but eventually I'll be able to get back to living my life." One needs all the optimism one can get in such a situation. In a way, I think that the idea that "rape ruins a woman's life forever" is essentially identical to the old idea that "a raped woman is worthless garbage" (which people still believe in backwards places like southeastern Europe, according to things I've read about Kosovo), and I object to it for the same reasons. Rape is a terrible thing to go through, but it isn't the end of your life, and it is possible to find happiness again, even if it always has something of a shroud over it. From everything I know about rape in advanced Western societies (i.e. ones in which raped women aren't considered garbage), most women would much rather be raped than murdered, by a long shot. This may seem like a rather obvious, trivial thing to say, but it conflicts with your notion that being raped is essentially equivalent to being murdered. ------------------ IP: Logged |
Tau Zero BlabberMouth, the Next Generation. Posts: 1685 |
posted September 15, 2000 16:53
quote:On the other hand, it carries pretty much the same risks of STD's. Pregnancy can be "remedied" medically, but HIV and herpes cannot. There are a lot of parallels there. quote:The way you said that gave me a thought. Perhaps one of the best parts of looking at rape as distinct from sex is that it helps the victim put her (almost always her) sexual life back together. It also avoids the need to trivialize the act. Then there has been the widely-criticized (and perhaps inaccurately reported) dogma among some feminists which casts all male-female coitus as rape, re-creating the problem all over again... quote:I seem to recall that the penalties in law (speaking of the USA here) are often not all that different, especially in cases with aggravating factors. The truth as felt by those involved may be otherwise, but the law seems to beg to differ. "The law is an ass, and I have to spank it." -- anon. IP: Logged |
Mindy Viridis Geek Posts: 81 |
posted September 15, 2000 18:38
quote: A better distinction to make is between "sex" and "love-making", defining sex as simply the physical act and love-making as the emotional intimacy that gives sex its real value to those of us who want something more than just orgasms. Rape is most certainly sex; it is not love-making. In any case, the value of these semantic distinctions will surely vary from person to person, and it's not as if the label really matters much compared to the actual event. I'm sure many raped women, when they later feel uncomfortable in the arms of a lover, tell themselves that the rape was a fundamentally different thing. I suspect, though, that this thought doesn't really help much; my guess is that it tends less to ease their suffering than to make them feel guilty for continuing to suffer. ------------------ IP: Logged |
Sad Mini-Geek Posts: 51 |
posted September 15, 2000 20:36
Well, wading through the latest set of responses, find agree with much of what Mindy says. Notably, her response to Astrid regards emotional impact and Astrid's word play. Also agree with Mindy's response to Veldrane (?) about rape not meaning that Regards male/female rape...I don't know. In the physical harm realm, men can't get pregnant -- but can begat kids. While it's not rape, I know several guys whose wives lied about the pill As a (sometimes overwhelmed) dad, I can't imagine the internal conflicts / But the woman could choose (by my book, ethically) to abort -- or to carry In the case of a man, there's no choice there.
IP: Logged |
Sad Mini-Geek Posts: 51 |
posted September 15, 2000 21:34
In a complete an utter irrelevancy, check this out: Yeah, there've been some furious arguments here, but this make us all look like brain surgeouns. What idiocy: http://salon.com/mwt/feature/2000/09/15/homework/index.html IP: Logged |
Saintonge SuperBlabberMouth! Posts: 1113 |
posted September 16, 2000 19:41
quote: Well, for one thing, I did a research project on the subject of rape once (part of a school assignment), and the impression I got was that the victims found it particularly awful. Possibly they are all suffering from false consciousness, but I'd need some evidence on that.
quote: No. For that matter, there are other circumstances where the context is less ambiguous, but still perhaps not deserving of death. Btw, the context of the picture is plainly a women confronting a would-be rapist, not a judicial death penalty case. In the context of that picture, there's nothing ambiguous.
quote: Rape can injure a woman's sexual organs, give her venereal disease, leave her pregnant, and, as I said, seems to be partcularly loathed by it's victims. So, I suspect your conclusion is just wrong. IP: Logged |
Saintonge SuperBlabberMouth! Posts: 1113 |
posted September 16, 2000 20:18
quote: And it still is, in many Arab counties.
quote: Me either. The more women who kill, say, men who beat them, the better.
quote: Correct me if I'm wrong, but you seem to have a touch of anger there, at the thought that a women might not have "the right to decide what happens to her own body," when a man she previously allowed into her body refuses to leave because she changed her mind. Assuming that supposition is correct, it would seem to contradict your 'rape isn't that bad' argument. If the very thought of a hypothetical man not immediately pulling out gets you that angry, why do you assume that the particularly intense emotional reaction to a man forcing his way into a woman is merely 'socially contructed?' I do agree that Mindy's multiple personality disorder argument is weak. There's some evidence that the diagnosis is merely fashionable, and the incidence greatly exagerated. We need better data.
quote: Good shot, Mindy! Hit her again, while she's still wobbly. Being a man who has never been raped, but has been beaten, my impression is that the psychological impact of having someone thrust part of his body into you is much more disturbing than being struck, but I lack good data on this (and I still have the Race Traitor anthology to read, so I will not be starting another research project). I do know a man who was raped in the face at knife point, and he seemed to take it pretty hard. I'll have to ask him how it compared to being beaten up, assuming he ever was.
quote: But there I disagree. The '30%' figure seems to have come about by redefining rape till it included 'Well, I wasn't in the mood, but I let him.' That trivializes a terrible assault. ------------------ Now I'm a reasonable man ... ka-click! IP: Logged |
Astrid Leuer Super Geek Posts: 150 |
posted September 18, 2000 03:05
Just a few points: 1. Of course I'm not doing anything so ridiculous as to claim that the victims of rape *don't* regard it as very terrible indeed; I'm just asking *why* that should be the case, as in, what objective reason. Since, as a single white woman living in South Africa, I'm probably at the greatest risk of being raped, I'm quite aware of how afraid I am of it. 2. It's not me that says that a man who doesn't leave a woman's body when asked is committing rape, it's the law. Several men have been found guilty, and some of these have gone to jail, for failing to extend this act of politeness. I have no anger about this, but it's a fact. 3. And equally, it is not possible for a man to be raped by a woman. The law recognises that women can commit sexual assaults against men, but they are not referred to as rape. And indeed, in anything other than bizarre circumstances, "physical consent" to intercourse on the part of the male is taken as pretty powerful evidence of legal consent. 4. All the boys who think that men and women run an *equal* risk of sexually transmitted diseases from acts of intercourse need to take a refresher course in Sex Ed. ------------------ IP: Logged |
Mindy Viridis Geek Posts: 81 |
posted September 18, 2000 10:25
quote: Yes, I was going to mention this in my response to Tau Zero, but it got lost in the shuffle. ------------------ IP: Logged |
Mindy Viridis Geek Posts: 81 |
posted September 18, 2000 10:40
quote: Well, what behavior do you consider chivalrous, then? quote: As I recall (my one-volume OED is at home), "chivalry" originally meant "horsemanship", the idea being that a knight lived by a code of conduct which included, among other things, guidelines for the polite treatment of women. You seem to be saying that chivalry, even in today's usage, implies that the chivalrous man is, under other circumstances, a fighter, and you seem to infer from this that a woman treated "chivalrously" should keep in mind that the man is basically dangerous despite his good manners. I'm not sure I agree with that. Certainly it was true back in the days of knights in armor, but I think that aspect of the word has withered from disuse. ------------------ IP: Logged |
Tau Zero BlabberMouth, the Next Generation. Posts: 1685 |
posted September 18, 2000 10:56
quote: I forget where I heard/read this, but I recall the words "There are times when you make love, and there are times when you fuck."� I don't have much use for mere fucking.� If you aren't going to at least try to have a mutually joyful time of it, you might as well just get whatever mechanical/lubricational aids suit you and release your tension alone.� It sure beats the feeling that you used somebody. quote:I question the idea that rape is necessarily sex.� Penetration with, say, a broom handle is sexualized, but it isn't sex.� That's the kind of example which draws the distinction between lovemaking and rape into sharp relief. quote:I've seen a decision which is even worse than that. Scenario:� 18+ yr-old babysitter plays around with 14-yr-old male charge.� Babysitter is charged and convicted of statutory rape, serves time for the crime. Babysitter also gets pregnant.� Perpetrator of the crime sues the victim for support for her child.� Courts uphold parental responsibility for the victim of the crime. There is no justice. IP: Logged |
Astrid Leuer Super Geek Posts: 150 |
posted September 18, 2000 11:03
quote: Don't knock it till you've tried it
quote: ????? First, you seem to be very keen on digging up these bizarre court cases where the perceived injustice is to a white person or a man -- are you sure you aren't missing the bigger picture here? Second, this doesn't seem to be an injustice of any sort. "Statutory rape" in this case is not remotely comparable to a real act of rape. What's under discussion is a consensual sex act between two sexually mature people, resulting in the birth of a child. Of course the father has to take his share of the responsibility. So to speak, if he's old enough to f**k, he's f**king old enough. The fact that in some jurisdictions, a sexually mature fourteen year old is not legally regarded as able to initiate sex is not really relevant. ------------------ IP: Logged |
Mindy Viridis Geek Posts: 81 |
posted September 18, 2000 12:37
quote: Well, one can debate whether that's properly "rape" or just a sexualized form of torture. I'll stand by what I wrote with regard to rape-with-penis. quote: I agree with Astrid on this one. You don't give any indication that it wasn't a mutually consentual situation ("statutory" rape is sort of weird in this regard, especially when the victim, despite being underage, is clearly old enough to know what s/he is doing), so we'll assume that it was. That being the case, the father ought to support his child. It does seem sort of perverse that a male "rape victim" should be forced to support a child conceived in his "rape", but that's just semantic confusion; it's not as if this is at all the same situation as a forcible rape. Interestingly, it seems that in the US the age of consent varies considerably by state, anywhere from 14 to 18. So, in a sense, the babysitter's real mistake (aside from not using contraceptives) was to be living in the wrong state. ------------------ IP: Logged |
Veldrane Super Geek Posts: 246 |
posted September 18, 2000 15:42
(We're close to 6 pages!) Ok, since its slightly on topic now that I see a lot of comments about "as a father he's responsible for supporting his child" so I thought I might pose this question: Assuming all people have equal rights and no special rights(I'm just taking it for granted that this is true), regardless of color, gender, or sexual orientation; If a female has a right to end her responsibility of supporting/raising a child (aka: abortion), does the male parent also have the right to end his responsibility of supporting/raising a child?
-Vel IP: Logged |
Tau Zero BlabberMouth, the Next Generation. Posts: 1685 |
posted September 18, 2000 15:49
quote:More than "sort of perverse". There are huge issues of deception, control over the outcome of events, and ability to enter into contracts here. In every one of these categories, the power was with the criminal (babysitter), yet the victim is paying. Paying with his college money, more likely than not. Paying for someone else's crime with his future. I figured you would agree with Astrid on this, and I think it means that both of you have some homework to do on the subject of empathy and equality. Like, maybe the victim should have been able to place the child for adoption over the objections of the perpetrator, solving the issue of the support for the child and the responsibility of the legally-unconsenting parent. IP: Logged |
Mindy Viridis Geek Posts: 81 |
posted September 18, 2000 16:50
quote: Right now, legally, apparently not. I would think simple fairness would dictate that if the pregnancy resulted from deception on the part of the woman (as with the wife that someone mentioned who stopped taking the pill but told her husband she was still on it), then the father ought to have the option of saying, "I don't want anything to do with this child; legally, it isn't mine." However, family-related laws tend to be based not so much on simple fairness as on the desire to ensure that children are properly provided for. And also, one could argue that if you aren't willing to support a woman's child, perhaps you should think twice about depositing your sperm into her vagina, even if you think she's on the pill. After all, the only 100% effective contraceptive is abstinence. There is a natural assymmetry in the roles of the sexes, in that only the woman gets pregnant. This is reflected in law by the fact that the decision to get an abortion is the woman's alone. I would not be at all comfortable with the idea that a man could force the woman carrying his child to have an abortion, or that his consent was required if she wanted to abort. It is his child, but it's not his pregnancy. Of course, one could resolve this assymmetry by outlawing abortion. That way, whenever there's a pregnancy, both parents incur responsibility, without any easy legal way out other than putting the child up for adoption. But I don't think that proposal will meet with sufficient approval in any of the advanced Western countries to make it into law. (Personally, I strongly dislike abortion, but I think history shows that when it is outlawed, people do it anyway, whatever the risks, so I prefer to have it legal rather than have women die from botched procedures.) ------------------ IP: Logged |
Tau Zero BlabberMouth, the Next Generation. Posts: 1685 |
posted September 18, 2000 17:12
quote:At least part of the asymmetry would not be addressed by outlawing abortion; one party would still be able to cheat much more readily on contraception than the other. I think that precoital contracts would address that. The two parties could agree on what they intend to do, and the person who violates the contract loses their discretion to the one who kept it. For instance, if the person responsible for contraception (say, using the pill or getting a vasectomy) violates the contract, the other party gets the option to dispose of custody of any resulting child. This could be "I keep it, you lose all rights and pay support" (single dad gets revenge on lying wife) or "I choose to offer the child for adoption, and you have nothing to say about it." This would remove almost all incentive to lie about birth control, and pretty much relegate the current mess to the trash-heap of history. IP: Logged |
Mindy Viridis Geek Posts: 81 |
posted September 18, 2000 17:33
quote: Nothing in your description of the case suggests that deception or control was at issue. The boy may have been underage, but by age 14 he ought to have known about the connection between sex and pregnancy. quote: I'm not aware of any country on Earth in which a signed contract, or its absence, has any effect on parental rights or responsibilities, except with regard to sperm-bank donations and surrogate motherhood, neither of which is relevant here. Nor is an underage father, under other circumstances, exempt from parental responsibilities, so the ability to enter into a contract is totally irrelevant. quote: If you know more about the case, please tell us. Otherwise, you're just making assumptions without factual basis. quote: Oh, please. If this was a consensual situation (and you've given no reason to think it wasn't, leaving aside the legal fiction of "statutory rape"), then the boy still has responsibility for his actions, even if his partner broke the law. Do you realize you're making essentially the same argument as people who think juvenile delinquents should be treated let off lightly? "He's only 14, you can't send him to jail! His future would be ruined!" quote: As I said in my response to Veldrane, equality or fairness is far from the only consideration in family law. Besides, you're looking only at the father, as if the child wasn't itself a person. Does a child not have a right to its father's support? We can't force a father to love his child (though he's a beast if he doesn't, regardless of how the child came to be), but we can at least force him to contribute financially. quote: Thus taking the child away from its mother, over the mother's objections? I feel fairly confident that any proposed legislation to that effect would end the career of any elected official who sponsored it. ------------------ IP: Logged |
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