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From: edhall@randvax.UUCP (Ed Hall)
Newsgroups: net.women
Subject: Re: charges of rape, and good points
Message-ID: <2515@randvax.UUCP>
Date: Sat, 1-Jun-85 13:33:39 EDT
Article-I.D.: randvax.2515
Posted: Sat Jun  1 13:33:39 1985
Date-Received: Thu, 6-Jun-85 04:15:47 EDT
References: <446@ttidcc.UUCP> <603@sphinx.UChicago.UUCP>
Organization: Rand Corp., Santa Monica
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> From: regard@ttidcc.UUCP (Adrienne Regard), Message-ID: <446@ttidcc.UUCP>:
> >Actually, there aren't a whole lot of rape accusations that hinge on anything
> >so hard to prove as "state of mind".  That is often offered as a defense,
> >but the cases that go to court are usually pretty clear.  Attorneys don't
>                                                            ---------------
> >like to take cases in that are utterly ambiguous -- and hearings prior to
>  -------------------------------------------------------------------------
> >the trial sort the wheat from the chaff.
>  ---------------------------------------
> 
> *That's* what we're talking about.  How many rapes are reported, how many
> rapist are *known* yet are never even brought to trial, let alone convicted,
> because of how difficult it is to *prove* that it was against her will?  I
> don't know for sure, but I'd be willing to bet it's a *lot*.
> --JB                                          Life is just a bowl.

And why is it so difficult?  Because there are some myths about sex in
our society that tend to make it difficult.

A short while back there was a comparison of robbery with rape.  The
comment was made that rape is much harder to prove than robbery.  I
think this belief is a perfect illustration of this myth-based attitude.

I give people money all the time.  Often it is in exchange for goods
or services; sometimes it is a loan or a gift.  Yet if I'm robbed, no
one is likely to challenge my claim that I did *not* consent to give
away my money.  Even if there is no weapon involved!

Yet a charge of robbery (especially unarmed robbery) is based simply on
``a state of mind''!

Thus I must assume that there is an attitude--shared even by some
otherwise clear-headed individuals on this net--that a woman is far
more likely to bring a false charge of rape than a false charge of
robbery.  Only I doubt these clear-headed folks would put it in those
terms.

And what are these ``myths'' I talk about?  I'll take a stab at
defining one: this is the myth that a level of aggression approaching
force is somehow a ``natural'' part of male sexual expression.  *This*
is certainly a major reason why society has such a problem deciding is
a sexual act is concensual or forced; by this definition (which I
vehemently disagree with) it may well become hard to determine whether
a woman ``consented'' to an act where she is expected to be passive
and overcome by male aggression even when it is ``normal''.

I've had to deal with sales people who certainly are what I'd call
aggressive concerning getting my money, but I doubt I'd have nearly as
much of a problem proving robbery if one of them decided just to
*grab* the money and leave, as a woman would have proving a charge of
date rape, for example.  There is no myth regarding the acts of
sales people like there is regarding the acts of the ``male animal''...

		-Ed Hall
		decvax!randvax!edhall