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Rape that never happened

Stevicus

Veteran Member
Staff member
Premium Member
Good news!
WeConsent app films people giving consent to protect users from assault claims | Daily Mail Online
Interesting....critics are already calling a consent documentation "dangerous".

If this keeps up, people are going to have to bring lawyers along on every date. The contracts would have to be more elaborate and cover every contingency, such as condom breakage, premature ejaculation, one or both parties falling out of bed and injuring themselves, etc. It would have to outline which kitchen utensils may or may not be used during sex and other such details. Foreplay would just be ongoing legal negotiation, and a stenographer would also need to be present.
 

Revoltingest

Pragmatic Libertarian
Premium Member
However, giving consent is an ongoing process, not a one-off decision.
Of course, it won't solve all problems.
(Sex does occasionally take longer than 3 minutes.)
But it's better than nothing.
Perhaps next the phone will beep every couple minutes to demand updated consent, eh?
 

Revoltingest

Pragmatic Libertarian
Premium Member
If this keeps up, people are going to have to bring lawyers along on every date. The contracts would have to be more elaborate and cover every contingency, such as condom breakage, premature ejaculation, one or both parties falling out of bed and injuring themselves, etc. It would have to outline which kitchen utensils may or may not be used during sex and other such details. Foreplay would just be ongoing legal negotiation, and a stenographer would also need to be present.
That should be dealt with a longer written addendum to the ap's agreement.
The addendum could be referenced in the video assent to boink.
 

Akivah

Well-Known Member
Good news!
WeConsent app films people giving consent to protect users from assault claims | Daily Mail Online
Interesting....critics are already calling a consent documentation "dangerous".

But while some health workers have backed so-called ‘sex contracts’, rape victims and student union leaders have condemned them as ‘evil’ and ‘dangerous’.

The apps sounded like a good way to protect both participants in our litigious society. But I wondered why some people considered them "evil and dangerous". Unfortunately, the article doesn't answer that question. All it has is

[a person] who was date-raped as a student at Pennsylvania State University, branded sex contracts ‘pure evil’, saying: ‘A contract fails to safeguard a woman who might change her mind after signing it.’

and another person saying
‘The idea that consent could be given through an app is a really dangerous notion – this type of technology isn’t the answer to developing better sexual consent behaviour. We shouldn’t be encouraging students to equate consent with “there’s an app for that” – we should be encouraging them to engage in on-going discussions about consent and boundaries.’

I'd agree that this app isn't a complete answer, but I don't see the app as being "evil and dangerous". It looks like a good idea to me. I think its more dangerous to say that consent can be initially given, but at any time afterwards consent can be revoked and criminal charges can be assessed. Where's the safe harbor for the man if rape charges can be brought about at any time afterwards?
 

Revoltingest

Pragmatic Libertarian
Premium Member
In the news, Ginsburg weighs in on the side of due process.....
Ruth Bader Ginsburg Thinks Some College Title IX Trials Are Unfair to the Accused

An interesting excerpt....
Note that Ginsburg was asked about due process, but not campuses specifically. The fact that she immediately suggested college codes of conduct as an example of a policy that sometimes violates "the basic tenets of our system," says a great deal about the glaring unfairness of the modern approach to Title IX, the federal statute that requires universities to investigate sexual harassment and assault. And Ginsburg didn't just make note of the controversy; she explicitly said critics of the current procedures have a point.

One of those critics, Education Secretary Betsy DeVos, has rescinded some of the federal guidance that had contributed to the problem. A legacy of the Obama-era campus sexual misconduct, dictates the infamous 2011 "Dear Colleague" letter had instructed universities to follow sexual misconduct procedures that left little room for due process. The new administration withdrew this letter last September, though most universities have insisted that they will continue to operate as before.
 

Revoltingest

Pragmatic Libertarian
Premium Member
In the news is another case which shows that the
accused often faces a lack of due process.....
'Every district attorney’s nightmare': Two men exonerated in 1991 rape claim
A snippet.....
Eventually, additional evidence and new interviews led the woman to admit that the rape "never happened." She recanted her testimony and said her boyfriend had pressured her to falsely accuse Perry and Counts, the district attorney's office said.

The woman won't face charges because the statute of limitations has expired, the Associated Press reported.

"This case paints a very dark picture of the criminal justice system in New York City, especially at that time and continuing today," Seema Saifee, a senior staff attorney with the Innocence Project, said in a statement. "Like so many other cases that have come to light in recent years, these young black men were aggressively prosecuted and given lengthy prison sentences with very little care for finding the truth."
 
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