Some women turn their regret into anger (and leave it at that). Other women turn regret into life-destroying accusations of rape. Be glad she's the former, and move on.
On the plus side lads, if you need to stall an orgasm, just imagine the face of an angry, American feminist screaming 'rape culture' and demanding all intercourse come with documentation.
My guess is that the "I don't remember a thing" line is a lie. She remembers, all right. Since she doesn't like what she did, she lies & says she doesn't remember. Code for "I regret it, I wish it didn't happen, I don't blame you, we will never speak of this again."
Whether that's what she *really* meant or not, LW, I'd take that message anyway & drop the whole thing.
" Since she doesn't like what she did, she lies & says she doesn't remember. "
Clearly Stockholm Syndrome, trapped by patriarchy. A few weeks of reading Cienna's columns and a couple of womyn's studies class at SCCC and she''l understand she was .....RAPED!
I was raped by a guy who was drunker than me. In fact, I escaped when he rolled off of me to puke.
I'm not saying that I think the LW in this case is a rapist, there are circumstances to everything. What if my rapist thinks I raped him? I doubt he even remembers if/how we had sex. I didn't tell anyone, how could I?
Scouring our pasts for possible crimes is a waste of time. This LW's anecdote isn't some kind of scandal Slog readers can pin on feminists though. The real problem here is that he's having panic attacks which he pins to this event, and he has "never been able to broach the subject" with his therapists. If he's really worried about criminal prosecution, he should pay to talk to a criminal lawyer. When the lawyer reassures him that this old incident is not prosecutable, then he can open up to his next therapist and maybe get over his panic attacks.
I'd be willing to bet there's other stuff he's not telling the therapists, though. Like agonizing over possible crimes we may have committed, therapy is also a major waste of time if you're not going to be honest.
Yup, she was lying about the " I don't remember..." or " "I was soooo drunk..."
I've had women, who I wasn't attracted to, make passes at me then say that the next time they see me. They don't want to be seen as " a slut " so they make that excuse for their behavior. For shits sake, grow a pair!
The lesson of this letter is that no man should ever get so drunk that he can't remember if he raped the girl. Even if he didn't she might say he did, and in Slog-land and lots of other places (most college campuses, for example) to be accused is to be guilty, even if you didn't have a blackout. But if you really don't remember anything, you might as well cut 'em off and deliver them in a jar of formaldehyde, along with your checkbook.
Now, I fucked some women who under the light of both day and sobriety, still give me the heebee jeebees to this day. Am I a victim of anything? Something?
Assuming a genuine discussion is called for here, a thought experiment: Imagine for a moment that your visibly wasted friend climbed not on top of you, but behind the wheel of a car, and proceeded to drive it into a tree. The next morning she claims to the judge that she was so drunk that she blacked out, that she can't even remember any of it, and therefore she should not be held liable for the damages, because she clearly was too drunk to consent to drive. Do you think there is a judge anywhere in the nation that would let her off on that basis? Do you think the judge would see the blackout as a mitigating factor, or as a criminal enhancement to the charges?
If she was sober enough to answer "Yes, let's have sex" then she was sober enough to answer, "No, I'm safe to drive home." If she was sober enough to climb on top of you, she was sober enough to climb behind the wheel. If she was sober enough to operate _your_ stickshift, she was sober enough to operate her car's. All of the above mean that she was sober enough to be held 100% responsible for her own actions, had those actions involved driving a car instead of riding a friend.
@12: I think the LW is worried about being a monster, not a criminal. If he was just afraid of prosecution, he would flatly, unilaterally deny all wrongdoing and leave it at that. He would not ask Savage or anyone else in the public eye to weigh in if legality was the only thing on his mind. That is not to say that rape could never be an outcome of this situation. That is to say this particular situation, taking the LW's word for it, seems to be the browned- out, awkward result of mutual bad decisions. Due diligence for consent and assessments of mutual fucked-up ness were repeatedly performed. Not a foolproof system, obviously, but this incident is a good reason to stop drinking so much for both parties involved.
@11: Lindy West MIGHT think it's funny- she doesn't think all rape jokes are malevolent contributions to rape culture. Common sense not censorship, right?
@9, 14: Trolling or not, pretending that rape is a figment of the feminazi's imagination and that the LW's torment makes him a liberal arts-programmed wuss does no one any good.
I'll take her at her word that she doesn't remember, and regretted her night. He also has some other context going on that he would carry this massive guilt for years [and can't even bring himself to admit it to a therapist].
That being said, he seems to be the more injured party. She is probably not still this torn up about it. That is not to assign any blame, just observation.
Also, this was not rape by any worthwhile definition.
When it does come down to blame--or who's responsible--I think it is in the space between, "...she remembers none of it and she's upset." and the directly following, "The idea that I might be a rapist..." [edited for space, Dan?] Did she accuse him? Is he just kind of neurotic?
This reminds me of the letter a month or so ago, wherein the LW asked if she should contact her adolescent "rapist" to get closure to years of feeling victimized. Somehow in both of these Rape has been devalued, and basically normal people have spent years feeling broken.
I know for a fact that when I was younger I could be walking and talking and appearing not all that drunk but then not able to remember the details or big chunks of time the next day. (And yes, I'm a lot more careful now so that doesn't happen anymore.) And I had sex that I regretted and barely remembered one of those times. But I would NEVER call that rape. I call it a stupid decision made while way too drunk, and move on with my life.
Trolling or not, pretending that rape is a figment of the feminazi's imagination and that the LW's torment makes him a liberal arts-programmed wuss does no one any good.
The letter is a good example of the latter phenomenon. In fact, soi good that it's probably fake. But you know what they say: Fake fur is fun fur!
If this happened years ago and the LW is still worrying then he really should consider talking to a therapist about it.
Also in most states there is a statute of limitations for prosecution of crimes like rape. If the possibility of legal problems is causing panic then at least finding out when even the possibility of it ends might be comforting.
In this state if a rape (9A.44.040/050) is not reported to the police within a year then the statute of limitations is three years after it was committed (see 9A.04.080). Assuming they were both adults.
@12:"This LW's anecdote isn't some kind of scandal Slog readers can pin on feminists though" and @21:"pretending that rape is a figment of the feminazi's imagination":
Nobody here is pretending that rape itself is a figment of the feminist imagination. However, the informed-consent-can-not-be-given-while-intoxicated standard is something that has been taken beyond its origins and logical application, and refined to a state of absolutist ideological purity that renders it ridiculous. This has been done largely by feminists.
Originally the idea was that someone who is too drunk to put up a coordinated physical resistance or communicate objections coherently cannot possibly give consent. There are a lot of stupid men who think that it isn't rape unless she resists violently, and that sex with someone who hasn't said "No" -- or cannot say it -- therefore isn't rape. The informed-consent-can-not-be-given-while-intoxicated standard was meant to address this, and to educate those who are raping women in these impaired states, all the while thinking they are not rapists. Yes, actually, those guys totally are rapists, and for this purpose the standard is valuable and should be taught far and wide.
However, it has been taken literally to a ridiculous degree, to mean ANY level of intoxication invalidates consent, and applied ONLY to intoxicated women. You will never hear someone who promotes that standard admit the point that Dan made: that if the guy is drunk, he didn't consent either, and therefore he was raped by the woman just as much as she was raped by him, because hey, sex without consent is rape, period. Nor will you hear them make any allowance for the man's level of intoxication rendering him incapable of making those critical judgements necessary to differentiate true consent from false, impaired consent.
If any level of intoxication invalidates a woman's capacity to consent, and therefore relieves her of all personal responsibility while drunk, while no level of intoxication is sufficient to similarly relieve a man of his responsibility, then the inescapable conclusion is that women are weak children, inferior to men with respect to alcohol, that women must be protected from alcohol's effects because they cannot handle any exposure whatsoever. Perhaps we need to raise the drinking age for women to 100.
I'm guessing there are millions of sexual encounters facilitated by alcohol. People have so many sexual hang ups, or shame induced by culture and religion, or just plain old anxiety in social situations plus all the messages we get about the glories of alcohol.
re: 27: I'd like to edit "someone who is too drunk to put up a coordinated physical RESISTANCE" to be "someone who is too drunk to put up a coordinated physical RESPONSE." It doesn't have to be about resisting. If she is too drunk to actively participate, then she is too drunk to consent -- even if she seemed to be actively participating just a minute or two ago. Loss of physical or verbal coordination is effectively revocation of consent.
(Apply reversed gender pronouns at your convenience. The principle applies equally to anybody.)
When did sex get so complicated in America that you need lawyers before you fuck and therapists after, to clean up the mess and then a judge at the end to determine if she actually enjoyed it?
@27 Just to pedantically digress, there is a difference between men's and women's drinking. On average (and there's plenty of variation), women metabolize alcohol at about half the rate of men. So, if both have five drinks each, the woman will be considerably more intoxicated over the next few hours.
@27: I'm not disagreeing with anything you're saying here. But notice that, with nothing but "I don't remember" being said by the woman in this situation, the aggressively nasty "Yeah, right" contingent as well as the hectoring "Grow some balls, wimp" crowd as well as "Feminists exaggerate everything" corner that sprung up in this thread. The intoxicated consent standard may have been absurdly and unfairly applied to a ridiculous degree, but the level of defensiveness and hostility on display here is substantial and has more than a little misogyny to it.
Did the lady accuse him of raping her, no, so the false-accusation MRA trolls can go to hell. She, according to him, was just upset. I don't know where OTG got rape from unless he did not accurately report his conversation. Practically he'd never be convicted (even if he intentionally got her drunk in order to rape her) as she was seen happily leaving with him, she does not remember what happened, and he says she said yes. This is not to say I am okay with that situation. Has OTG ever tried to talk to this lady again and ask her what she thinks?
I really, really hate the standard that everyone is supposed to accurately judge blood alcohol (by eye, when drunk) so they can determine beforehand whether they're going to be that night's rapist or rapee.
If I'm in a bar (not actually likely) am I supposed to intervene with all the couples heading off if one or both seem intoxicated? How?
@20 that is actually a brilliant way to look at it. I like it. You can't be fully culpable in one situation and play the victim in the other,
Honestly I see this as almost more of an example of America's ridiculous relationship with alcohol rather than an example of America's ridiculous relationship with sex. If kids were actually taught how to drink, if people actually took responsibility for the amount that they drank, we'd have less of these kinds of these kinds of issues.
@35, 36: Letter Writer writes: "Everything I can find online says informed consent cannot be given while intoxicated. So am I a rapist? Is that how I have to see myself for the rest of my life? "
She didn't have to accuse him specifically of raping her. I can easily imagine the nature of her upset being "I can't believe you actually fucked me while I was drunk!" combined with general outrage, and revulsion directed at him. That's what sent him scurrying to the web to clarify his position. It's clear that he is getting his information online from places promoting that standard, and that's what is tying him up in knots, thinking he might be a rapist.
Even if _she_ isn't accusing him of being a rapist, the Internet is. The people talking about feminazis and womyn's studies aren't directing their ire at her.
This letter finds me in the strange position of knowing I have a vested interest in the general way of thinking that frames the answer, but what that vested interest is depends on the disposition of a question I haven't settled yet.
@40: "I can easily imagine the nature of her upset being "I can't believe you actually fucked me while I was drunk!" combined with general outrage, and revulsion directed at him...Even if _she_ isn't accusing him of being a rapist, the Internet is. The people talking about feminazis and womyn's studies aren't directing their ire at her."
Uh, yes they are. Hell, you're extrapolating an accusative verbal assault from her against the LW out of "she remembers none of it and she's upset". It is possible to discuss this unfortunate incident without impugning (or inventing) the character of either party. To reiterate my point, I'd say this was not rape (assuming the LW is telling the truth) but the awkward result of mutual overconsumption.
@38: "You can't be fully culpable in one situation and play the victim in the other." You haven't spent much time around the women's groups in universities, have you?
@39: When the fuck did I name call or attempt to silence anyone? I'm not the one signing up under charming handles like Grrrl Gorilla or Grrrl with pink paint and college degree or I was grrrrrrraped once by a drunk lady.
Why don't we accept being too drunk to make good decisions as an excuse for drunk driving? Regrets don't bring back the injured or the dead. I'm tired of the out given for the sads after pbpad sex. Unless you were unconscious or forced it's not rape if you said yes. Own your alcoholism and binges assholes.
This seems to me like one of those "lesson learned (don't get so drunk next time and don't have sex with someone so drunk that you suspect s/he may not remember it the next day--though that is sometimes hard to tell) and move on" kind of experiences.
Accusations of rape (those meant to lead to charges and those meant to simply assassainate someone's character) based on regret or shame after the fact are real. Happened to me. Happened to a friend of mine.
I did a lot of soul searching as a result. What is consent and when is it impossible or at least unreliable? When have I asked enough times or explicitly enough?
I ended up trusting potential partners and the social politics around sex a lot less. Not all women are lying manipulators who would cover shame or regret by destroying someone legally or socially. Not all men are date rapey assholes with dick skin for brains. But there are enough of both to fuck it up for the rest of us.
Let's not forget the obvious, shall we? Let us assume that any young couple are exactly the same level of drunk, and have exactly the same level of judgment and exactly the same consent (expressed or implied).
@48: There are always bad eggs who fuck it up for everyone. They don't seem to have anything to do with this particular incident, however.
@49: What's the point of asking whether this gets legal? There was no accusation here; the LW just wanted peace of mind for himself. If this gets official, she becomes an accuser and this becomes an entirely different scenario than what we've all being discussing.
@50 re @49 - Because this man feels like a rapist even though he is no better or worse than the woman. Because reducing sexual assaults and bringing about saner sexual relationships between men and women can only succeed if both men and women bring their efforts to the fore. (It's pretty much the only thing feminists and MRAs agree on.) Because we're discussing a drunken hookup and since it isn't the only drunken hookup out there, now or past or future. Because since people read this blog at least in part to learn something. Because teaching young men that they can (to steal the line from Unforgiven) lose everything that they have and that they're going to have for exactly the same conduct which, when engaged in by women results in no legal consequences whatsoever is extremely fucking important.
Two people wander down to the water's edge to swim. If the lifeguards are going to save one, and hold the other's head under the water then the latter -- and all those like him -- have a right to know that. Don't you?
@51: No, I didn't assert misogyny as a compliment (with an I, BTW). But that is different than calling you a name or trying to silence you. Now shut the fuck up, sugartits.
@52: I don't think the scenario you describe is necessarily the most likely one to play out. All the what-ifs say more about your own assumptions than any kind of objective truth. The LW feels insecure about what happened within himself- the woman involved did not say he acted "worse" than she did, as far as we know. No accusation of any kind was made- and changing the scenario to reflect that hypothetical doesn't seem educational so much as a lie.
@55: And then the patriarchal gynophobes will rally with "She's a lying bitch!" and "She was asking for it!" And then there will come many who see it through none of these extremely biased assumptions, and a conversation takes place. And trust me, paired phalluses still deal with a lot of bullshit here and everywhere else.
In my mind the question is whether she was incapacitated vs. drunk. An incapacitated person is by definition, unable to give consent. A drunk person may have impaired judgement/inhibitions, but is still capable of making decisions, even if they regret them the following morning. If everything went down as you described it, then go with "yes means yes" and donate $100 to Planned Parenthood as a karmic backup.
Holy crap this discussion went south in a hurry, didn't it?
I work on a campus with young people. I have had them in my office in tears because they were indeed sexually assaulted and this was indeed facilitated by alcohol. I'm fascinated by the comments analogizing her drinking/sex with drinking/driving. What about him? I talk to students about drinking and driving as an analogy but I focus on the initiator of the sex. And the analogy is a good one - you may only be slightly impaired after a couple of drinks but it's not a totally good idea to drive; after a bunch of drinks don't get behind the wheel.
Yes, feminists have been talking a lot about alcohol and rape and informed consent. But if the MRA folks can get off their high horses for a minute, keep in mind that in the case of date rape the chances of successful prosecution are practically NIL. And women know it so it's very unlikely that charges would be laid anyway. They just have to live with it. And if they guy isn't a complete asshole and is prepared to acknowledge it, I guess he does too.
Do I think LW is a bit over the top about this? Yes and no. If it means he'll be very careful from now on, that's positive. I'd like to have seen Dan suggest he channel some of that guilt into action; lord knows we can use more male allies when it comes to educating and challenging about rape, dismissal of rape, victim-blaming, jokes, etc., and I think this discussion illustrates that.
@61 Focusing on the initiator of the sex is fine as long as you don't see the male sexual role as the default initiator. "I just focus on the initiator, which, coincidentally, always happens to be the one inserting the penis" is not an egalitarian position.
I sense a misconception in this thread about alcohol and blacking out. All a blackout means is that your brain has stopped laying down memories. It doesn't mean your personality has necessarily changed or you can't make decisions--just that you won't remember them later. The fact that she blacked out and he didn't doesn't mean she was less capable of making decisions than he was, or even that she was drunker than he was. Different people black out at different levels of intoxication. See @23 for an example.
@61 He\\\'s not just very careful now, he\\\'s having panic attacks and is even afraid to talk to his therapist. And for what? For having drunken sex with a drunken willing partner?
I'd say a majority of my sexual encounters between age 19-25 were alcohol induced. In many cases with a partner drunker than I. Thankfully, I've never had a case where someone regretted it (other than the social embarrassment of it) or been worried that I raped someone.
Anyways, if you are drunk, it's not an excuse as to why you got behind the wheel. So for LW's case, I think the only ethical standard you can have is that if she was an active participant in the moment then any regret she has about the night has to be her own - not yours.
@35 nice defense tactic there - find the guy who makes a nearly bulletproof this-was-not-rape case, and then say "yeah, great, but look at these other idiots over there, surely their existence invalidates your point".
Yikes.
It must be a comfortable world to live in which you never had to admit to being on the wrong side of a debate.
If either one of you had instead gotten into a car and driven and killed somebody, the law would not excuse your crime. Even if the person you killed was drunk as well. But I'm inclined to agree with Dan on this. However, I have been alcohol free for thirty five years and would highly recommend it for a more thoughtfully lived life where dumb mistakes are hopefully less frequent. Many people sit in prisons because of what alcohol can do to judgement.
If she appeared to be capable of consenting, and appeared to consent, and he's not the kind of asshole who thinks "she didn't kick me in the nuts" is the same thing as consent, then he didn't rape her. If he appeared to be capable of consenting, and appeared to consent, and she's not the kind of asshole who thinks that just being male is implied consent, then she didn't rape him.
Ditto on the unpredictable nature of alcohol-related blackouts -- you can be up and walking around and talking and still not remember it later. In fact, I would suggest that blacking out is exactly why she's upset -- because she doesn't remember either of them consenting (even if both of them did, in fact, consent) it creates discomfort in her mind and she can't feel good about the encounter. It's very disturbing to find out that you chose to do something (maybe even something a little out of character), and can't remember why.
I just wanted to add that I know the legal definition of rape varies from state to state, but at least in my state, penetration is a critical factor... so under our statutes, in the situation presented by the letter writer, the woman did not "also" rape the man.
I think we need a rule for drinking and fucking like the one for statutory rape. It's illegal to fuck a 14 year old-- but it's not mutual statutory rape if two 14-year-olds have sex. Same way, it's wrong to fuck someone who's wasted if you're sober, but if you're both equally wasted then it's not suddenly mutual rape. I'd put the cutoff somewhere around both parties should be within about .1% BAC on a first encounter-- otherwise you're talking about someone stone-cold sober trying to get with someone who's slurring, or a drunk person with someone who's nearly passed out.
therefore every time someone said I love you let's get it on, but lied, that would be rape too under this one size fits all definition of rape as any unconsented sex.
what if the consent is contingent on "I consent if you will pay me by buying dinner" then you buy dinner and there's no sex, is that a time we enforce consent? does the purchase of dinner now mean it's not rape?> what if the guy says okay, but let's screw first THEN doesn't buy her dinner....what a cad, right, is this really rape? or just she can sue for the $45 dinner in small claims court? don't we think she shouldn't be able to sue at all in this case? if so, we are applying something other than the rape equals unconsented sex definition.
maybe we should not have one word for a variety of situations with a variety of harms and culpability levels. people get drunk and lie and fuck all the time, 19 year olds touch 16 year olds lots of times, sometimes we think it's gross sometimes it's written up in literature as romeo and fucking Juliet.
to have one word for a multiplicity of situations many of which may be socially wrong, even criminally wrong in a minor way, but aren't all on the same level as what most of us view as felony level rape justifying putting you in prison for ten years.
However, the informed-consent-can-not-be-given-while-intoxicated standard is something that has been taken beyond its origins and logical application, and refined to a state of absolutist ideological purity that renders it ridiculous. This has been done largely by feminists.
I love the power we feminists wield. This must explain why the majority of rapes still go unreported. This must explain why college administrators continue to go to such lengths to silence victims of sexual assault on campus. This must be why there are such high rates of documented false accusations and LEGGGIOONNNSSS of innocent men being thrown in jail by indoctrinated women who took women studies courses in order to find means to have their drunken flings and castrations too.
Oh, and you can clearly see our concentrated and misused power in how effectively we have managed to fear an entire generation of young men into such gross hypervigilance and self-consciousness about their social activities. Young boys are so terrorized of what fate awaits them should they make a single misstep that they have finally stopped videotaping rapes so that they post it online and boast about it. (We bitches are out to ruin everyone's fun!) They surely know better than to tempt the feminazi regime!
I love how Dan opens with some supposed fear of feminists attacking him when the forum, instead, turns as it has.
I think any reasonable person knows that when 2 people awake the next day with different interpretations/memories of what transpired the night before that no court of law can, based on that one incident, determine victim/predator in any way that is fair or meaningful. This is a key reason why these kinds of situation are too grey to prosecute, and likely why folks in them don't report them. But to say that that standard has been ideologically purified to such heinous ends by academics (which is hilarious--do you have any idea what is happening to humanities academics these days????) flies in the face of the facts of rape reporting, rates of false reporting (they remain very low), prosecution rates and, of course, the seemingly ceaseless fury unleashed against feminists (and, by extension, women) if you try to even discuss sexual violence or domestic violence.
Dan is right: this guy is not a rapist, and should get over it. But the "Oooohhh, i better not say this for fear of angering those women out there!" is bullshit. We live in a world where women get their clits removed to prevent them from straying from the male owners, where rape victims can be stoned to death for dishonoring their families from having been raped, where a young girl is shot for wanting to go to school. So, I'm sorry, Dan, but I think you are little overwrought in cowering before any imagined "RAPE IS RAPE!" hand-wringer as though such a woman is more of a worry than the kind of anti-feminist rants and misogyny that get unleashed the second these kinds of letters appear.
I would love it if you could have one single forum about sexual violence that didn't turn into a caricatured referendum on the supposed evils of academic feminism.
Fuck you for imagining a world where all gender advantages work for men. Fuck you for ignoring a world where men kill themselves 4.5/5 times as often as women. Fuck you for pretending that globally extremely rare cases of female genital mutilation are evidence that men run everything to their advantage, when the fact that when states want to go to war they can and nobody gives a shit because it's overwhelmingly men that die is, somehow, also evidence of the same. Fuck you for pretending that the overwhelming bias against men in custody cases is somehow different from the slight bias against women in pay rates.
@73: I read Dan's misgivings about answering this one as recognizing what this thread would quickly become, not that he thought all the feminists would condemn him.
As long as SLOG does not moderate the comments, we're not going to have a caricature-free zone here.
Philosophically, I would argue that intoxication does not automatically nullify one's ability to makes decisions and consent to things. I make perfectly reasonable decisions while intoxicated. This is one of those areas, though, where outside observers really can't tell what's going on, because for some people alcohol (or other drugs) CAN nullify decision-making ability. In many jurisdictions, intoxicated persons cannot legally consent (not necessarily just to sex, either) because of this - the law denies intoxicated people generally a right to consent in the interests of protecting intoxicated people who actually cannot consent. Legally, OTG may very well be a rapist (and his acquaintance may very well be a sexual assaulter - "rape" usually requires penetration of the victim, which is a problematic legal gender bias that I don't really want to get into here). Lack of memory is not lack of consent; the only person who would know if she was actually in a position to consent is OTG's acquaintance, and she can't remember. Personally, I err on the side of not potentially raping women by not having sex with anyone I can tell is drunk - if she really wants to have sex with me, she'll probably still want to do so in the morning, and a night of sleep isn't going to hurt anything (all of this applies to men, too, of course). If she doesn't, then it was probably the intoxicant impairing decision-making ability, and so any consent really wouldn't have been valid, and it's a good thing we didn't have sex/I didn't rape her. A good rule of thumb - if you're worried the person isn't going to want to fuck you if ze's sober, then you implicitly think that intoxication is impairing hir decision-making ability, and you shouldn't have sex with that person.
I have a friend who blacks out well before alcohol makes him non-functional (and sometimes he's not even visibly intoxicated - it took me years to learn to identify when he's actually drunk). He's had sex he doesn't remember a few times in the past year. Because he actually wanted to sleep with the people in question, his main worries were around not remembering if he was consistently using condoms and not remembering fun experiences. Legally, he's been sexually assaulted in these cases, though he would disagree, and you'd have a hard time finding a prosecutor who would take the case. Unfortunately, NOT legally classifying cases like this as rape can create a giant loophole to be abused by predatory asshole rapists. The law isn't necessarily the best mechanism to combat rape (though I certainly think it should remain illegal) - ultimately what we need to do is dismantle rape culture (including aspects like slut-shaming, sex-negativity, and people viewing sex as something they're trying to 'get' from another person who may or may not actually want to have sex with them, which is not a gender-specific attitude if last week's Savage Lovecast is any sort of indication), hence the recent shift in the focus of anti-rape activism away from legal systems and toward social/discursive pressures.
@75 It's possible. But I read it as I did because of the similar "Oh boy, here we go" prefaces Dan does when discussing transgender issues, bisexuality, or fatness. I think the ideologically rigid/policing rent-an-activist within some factions on the left are nothing to those on the right. To paraphrase George Carlin, my side will piss you off; theirs will fucking kill you. But their crazies have real power, financial backing, numbers, and reaches. No falsely accused male college student has been sent to jail for rape because of the influence of Judith Butler. Think, in contrast, of how much suffering is going on nationwide because we've elected Ayn Randians to public office.
@76 And Holy Shit you weren't kidding!
@74 I consider myself quite fucked, tyvm Los Del Mango, if this is the level of discussion we're in for. Let me grow out my arm pit hair, burn bra and American flag, and then discard my sense of humor before we continue. Ya know, so I fit the part.
Maddy @73, 79: For what it's worth, I agree with you. Feminists are unfairly built up as a straw man here. I have never met a person, female/feminist or otherwise that has argued the LW's situation constitutes rape. In fact, I have never even heard someone seriously argue that sex with a functional drunk person is rape.
So what if there is some academic types that think drunk-sex=non-consent. People are completely free to call bullshit on that academic opinion. It is completely immaterial to the conversation. There isn't a single court of law or public opinion that shares that view. As you pointed out in @73, the risk of prosecution/conviction in this circumstance is effectively zero.
When I was 18 and a college frosh I had a sexual encounter with a 22-year-old senior that I found very frightening and overwhelming, and thought of as "my date rape."
25 years later, I look back on this encounter differently, as two people with physically mature bodies but with deeply immature communication skills, doing a terrible job of both assessing the other person's experience and expectations, and expressing one's own. He was guilty of being arrogant and immature and irresponsible and pushy and a jerk and of not following the campsite rule, but he wasn't a rapist. I was 18 and had zero clue.
I guess my point is that we need new vocabulary to describe these kinds of sexual encounters that are not rape, but in which the people involved really should learn to be more responsible and better communicators. Can we coin a new word for this?
Part of being a hetero man (especially a young man in America) is accepting the fact that it is never a good idea to have sex with a woman who is drunk.
Gender politics aside, it's like not using a condom with a random stranger. You can do it, but it's risky behavior.
Never mind that if someone needs to get shit-faced to sleep with you it's not really all that flattering.
The Campus Rape Myth by Heather Mac Donald, City Journal Winter 2008
The campus rape industry’s central tenet is that one-quarter of all college girls will be raped or be the targets of attempted rape by the end of their college years (completed rapes outnumbering attempted rapes by a ratio of about three to two). The girls’ assailants are not terrifying strangers grabbing them in dark alleys but the guys sitting next to them in class or at the cafeteria.
This claim, first published in Ms. magazine in 1987, took the universities by storm. By the early 1990s, campus rape centers and 24-hour hotlines were opening across the country, aided by tens of millions of dollars of federal funding. Victimhood rituals sprang up: first the Take Back the Night rallies, in which alleged rape victims reveal their stories to gathered crowds of candle-holding supporters; then the Clothesline Project, in which T-shirts made by self-proclaimed rape survivors are strung on campus, while recorded sounds of gongs and drums mark minute-by-minute casualties of the “rape culture.” A special rhetoric emerged: victims’ family and friends were “co-survivors”; “survivors” existed in a larger “community of survivors.”
An army of salesmen took to the road, selling advice to administrators on how to structure sexual-assault procedures, and lecturing freshmen on the “undetected rapists” in their midst. Rape bureaucrats exchanged notes at such gatherings as the Inter Ivy Sexual Assault Conferences and the New England College Sexual Assault Network. Organizations like One in Four and Men Can Stop Rape tried to persuade college boys to redefine their masculinity away from the “rape culture.” The college rape infrastructure shows no signs of a slowdown. In 2006, for example, Yale created a new Sexual Harassment and Assault Resources and Education Center, despite numerous resources for rape victims already on campus.
If the one-in-four statistic is correct—it is sometimes modified to “one-in-five to one-in-four”—campus rape represents a crime wave of unprecedented proportions. No crime, much less one as serious as rape, has a victimization rate remotely approaching 20 or 25 percent, even over many years. The 2006 violent crime rate in Detroit, one of the most violent cities in America, was 2,400 murders, rapes, robberies, and aggravated assaults per 100,000 inhabitants—a rate of 2.4 percent. The one-in-four statistic would mean that every year, millions of young women graduate who have suffered the most terrifying assault, short of murder, that a woman can experience. Such a crime wave would require nothing less than a state of emergency—Take Back the Night rallies and 24-hour hotlines would hardly be adequate to counter this tsunami of sexual violence. Admissions policies letting in tens of thousands of vicious criminals would require a complete revision, perhaps banning boys entirely. The nation’s nearly 10 million female undergrads would need to take the most stringent safety precautions. Certainly, they would have to alter their sexual behavior radically to avoid falling prey to the rape epidemic.
None of this crisis response occurs, of course—because the crisis doesn’t exist. During the 1980s, feminist researchers committed to the rape-culture theory had discovered that asking women directly if they had been raped yielded disappointing results—very few women said that they had been. So Ms. commissioned University of Arizona public health professor Mary Koss to develop a different way of measuring the prevalence of rape. Rather than asking female students about rape per se, Koss asked them if they had experienced actions that she then classified as rape. Koss’s method produced the 25 percent rate, which Ms. then published.
Koss’s study had serious flaws. Her survey instrument was highly ambiguous, as University of California at Berkeley social-welfare professor Neil Gilbert has pointed out. But the most powerful refutation of Koss’s research came from her own subjects: 73 percent of the women whom she characterized as rape victims said that they hadn’t been raped. Further—though it is inconceivable that a raped woman would voluntarily have sex again with the fiend who attacked her—42 percent of Koss’s supposed victims had intercourse again with their alleged assailants.
All subsequent feminist rape studies have resulted in this discrepancy between the researchers’ conclusions and the subjects’ own views. A survey of sorority girls at the University of Virginia found that only 23 percent of the subjects whom the survey characterized as rape victims felt that they had been raped—a result that the university’s director of Sexual and Domestic Violence Services calls “discouraging.” Equally damning was a 2000 campus rape study conducted under the aegis of the Department of Justice. Sixty-five percent of what the feminist researchers called “completed rape” victims and three-quarters of “attempted rape” victims said that they did not think that their experiences were “serious enough to report.” The “victims” in the study, moreover, “generally did not state that their victimization resulted in physical or emotional injuries,” report the researchers.
@73: I never said anything about the hypothetical power of feminists, merely that some of them have taken one particular perfectly good idea and twisted it beyond usefulness, but nonetheless continue to loudly spout it as if it makes sense. Go spend a little while reading somewhere like feministing.com, and you will see that exact set of arguments being put forth in absolute terms.
I don't disagree with any of the other related issues that you bring into the discussion -- yes, all of those are huge problems -- other than to note that they are not applicable in this specific case. This guy has been made to feel that he may be a rapist (is even having panic attacks about it) for the crime of having had drunken sex, despite explicitly asking verbal permission and receiving verbal confirmation, and despite obvious, enthusiastic, active participation by his partner. THAT is what is ridiculous. Not the other stuff you bring up.
@75, @80 Yep, Dan seems to have a pretty realistic understanding of what feminism is about. His response was reasonable, balanced, supportive, and included no strawmen. The shitstorm begins when the commenters who apparently think that Lindy West has seriously argued that no rape joke is ever funny and the MRAs start to show up. Also hello @74, I'll be calling you a whaaam-bulance.
@65: It must be a comfortable world you live in where you don't have to take into account what your opponent in a debate actually said. I SAID I DIDN'T THINK THIS SITUATION WAS RAPE (@21,42). THE WOMAN IN THIS SITUATION ONLY SAID SHE DIDN'T REMEMBER AND THAT SHE WAS UPSET (THE FUCKING LETTER). My point was at the mere outside suggestion that rape could have taken place, there was a torrential downpour of blaming misogynist bullshit. Not from @27, but from quite a few others in this thread who did as good a job as you at listening to others.
@80: "I have never met a person, female/feminist or otherwise that has argued the LW's situation constitutes rape."
Interesting. I have indeed heard that argument made, and it was on a blog space that self-identifies as feminist. More than one such feminist blog, in fact. But I haven't heard it anywhere that didn't identify as feminist.
Formerly borderline-suicidal, depression-suffering male here,
@74. Wait, so all the depression and feelings of confusion I felt as a teenager were all the fault of feminists? Holy shit, and here I thought it was my own inability to interact with women I liked and my piss-poor attempts to act like the stereotypical masculine man that I so-fucking-wasn't.
Fuck you for blaming feminists for your problems. We don't hate men, many of us are men/males/people with dicks.
@85 Fair enough. I don't frequent that site so I cannot comment on it, but I would resist equating that site to the syllabus or teaching of a typical college women's studies class. You, of course, didn't say that, but the forum is filled with it. And much of my response was to that, i.e., the general tenor of the forum, particularly the claims that women's studies courses encourage women to cry rape as a means to absolve themselves of shame from drunken hookups. That is some hateful, ignorant shit.
As for those kinds of comments, you can find them easily on college campuses, too. White students will be told that they cannot speak in discussions of race (in my experience, it's usually a white "ally" who does this). Bisexuals will be told that they "hide behind their heteronormativity." I was in a graduate seminar once where a woman said that there can never, by definition, be a feminist who fucks men. I attended a faculty meeting where a senior faculty member said that she hoped we wouldn't hire a white gay guy for a Queer Studies position because she wanted to hire "someone more radical than that." Poor whites? Your white privilege cancels your suffering! These knee-jerk asshats exist, no doubt, but they are neither the norm nor the rule. They are outnumbered, spectacularly ineffective, easily out-argued, and, unlike their mirror images on the political right, they do not hold national positions of power or influence. Thus, to focus on them strikes me as a dodge of the issue at hand because, as you noted too, this letter isn't about women's studies, or genital mutilation, or filming your own rape to boast, or anything that so nakedly suggests the issues of power and patriarchy. I brought those things up because, once again, any letter even tangentially related brings the MRAs out in full force. And I find their attacks on academics so overblown and such obvious outlets for misogyny that I cannot not take the bait. Sigh.
This scenario, as told, wasn't rape. That said, the devil is in the details, which is why I don't think people should have drunk sex with someone they've never had sober sex with before. There are a lot of details that could've happened that he also could've left out, and they could be very important. Obviously, we judge the letter in front of us, but you can't just say that two people who were both very drunk automatically didn't rape each other if they have sex. What if she started out consenting, and then wanted to go home but felt like she couldn't escape? What if he started out sober enough to consent and later, the alcohol hit him harder and he became incapable of giving further consent?
So while I'd say this wasn't rape, it's definitely inadvisable, especially when one person can recall what happened and the other can't.
@85 - no one needs to care what a bunch of people on feministing think about this situation. There are plenty of ideological puritans who think having kids is killing mother earth. There is no real risk of their ideas becoming public policy. If the views of academic radicals mattered, we would be entering our 4th decade under Marxism. The wonderful thing about the internet is that people with extreme ideas generally self-segregate into echo chambers that can easily be ignored.
This is why I think all straight guys should simply fool around with each other until they are ready to marry their girlfriends. Problem solved. I don't care if I'm completely trashed, I promise I'll never claim rape.
Or maybe she did remember the sex, but simply said she didn't because it was crap or she was embarrassed after the fact, and he has spent years worrying over nothing.
I don't think it was rape, but if the OP's been losing sleep over it for years, he's got some problems he ought to deal with. Do the therapy, man. But for real this time.
And I find their attacks on academics so overblown and such obvious outlets for misogyny that I cannot not take the bait. Sigh.
You provided some good reasons to attack academics on these issues. Face it, any male accused of rape is guilty on most campuses, and in the Slog comments.
@97: And in most places on earth, any woman who accuses a man of rape isn't heard at all. Which is why it's good policy to take these incidents on a case-by-case basis. You know what they say about assumption.
On reading: The vast majority of comments in this Slog forum agree with Dan that the LW was not the victim of rape.
On the news: Checked any recent news stories about sexual assaults on college campuses? Stats have remained steady across time, as have the allegations by victims that college administrators downplay, blame the victims, and when they do mete out "punishment" (very rarely) the sentences are equivalent to minor campus thefts, semester probation, or campus restraining orders. This claim you make that male college students are regularly accused, tried, and sentenced is just plain nonsense. Statistically so. In contrast, victims of sexual assault have their lives considerably--and measurably--disrupted, particularly their continued progress at the college in question.
So, again, maybe you have some skill of reading the exact opposite of what's in front of you.
Try using Google. Start with Amherst College, a prestigious liberal arts college in MA. A *male* victim of sexual assault committed suicide last spring and there was a major media scandal this past fall when a female student recounted in a blog how horridly the campus admin treated her after her rape. Subsequent task forces confirmed her allegations as well as those of other students who came forward after it became a major news story. As a result, the campus has had a major administrative overhall, with many people fired, new positions/organizations created, mandatory faculty/staff training, and so on.
You seem analytically challenged, so I think this point also needs to be made. The academic field of Women's Studies has NOTHING, ZERO to do with individual cases of rape on college campuses any more than Abnormal Psychologists are implicated/responsible for a given homicide. Imagine a murder on campus being used as a referendum on their scholarship, to the point where the focus of blame and judgment is on their writing (and an academic is famous if 200 people read his/her work) instead of the crime that they study professionally? How is that anything other than a hate-filled attempt to deflect?
So, please, imagine the most man-hating, humorless, butch-dyke hairy feminist professor you can think of. Say she opened the first day of class by saying that all men would rape if they knew they wouldn't get caught. (Btw, this kind of sexist line comes out of an Evolutionary Psych professor's mouth every so often and yet why aren't we having an extended discussion about the real world merits of that field of study???).
Whether that's what she *really* meant or not, LW, I'd take that message anyway & drop the whole thing.
Clearly Stockholm Syndrome, trapped by patriarchy. A few weeks of reading Cienna's columns and a couple of womyn's studies class at SCCC and she''l understand she was .....RAPED!
I'm not saying that I think the LW in this case is a rapist, there are circumstances to everything. What if my rapist thinks I raped him? I doubt he even remembers if/how we had sex. I didn't tell anyone, how could I?
Yes, I am trolling, but so was the LW. No one can possibly be this self-hating.
I'd be willing to bet there's other stuff he's not telling the therapists, though. Like agonizing over possible crimes we may have committed, therapy is also a major waste of time if you're not going to be honest.
I've had women, who I wasn't attracted to, make passes at me then say that the next time they see me. They don't want to be seen as " a slut " so they make that excuse for their behavior. For shits sake, grow a pair!
Another rapist goes free!!!!!
I'm so angry I need some pink paint and a derelict building!
Sure you were. How many years of womyn's studies did it take to come to that conclusion?
I'm with Dan. This particular case isn't rape, assuming it all went down as LW reports.
If she was sober enough to answer "Yes, let's have sex" then she was sober enough to answer, "No, I'm safe to drive home." If she was sober enough to climb on top of you, she was sober enough to climb behind the wheel. If she was sober enough to operate _your_ stickshift, she was sober enough to operate her car's. All of the above mean that she was sober enough to be held 100% responsible for her own actions, had those actions involved driving a car instead of riding a friend.
You are NOT a rapist.
@11: Lindy West MIGHT think it's funny- she doesn't think all rape jokes are malevolent contributions to rape culture. Common sense not censorship, right?
@9, 14: Trolling or not, pretending that rape is a figment of the feminazi's imagination and that the LW's torment makes him a liberal arts-programmed wuss does no one any good.
That being said, he seems to be the more injured party. She is probably not still this torn up about it. That is not to assign any blame, just observation.
Also, this was not rape by any worthwhile definition.
When it does come down to blame--or who's responsible--I think it is in the space between, "...she remembers none of it and she's upset." and the directly following, "The idea that I might be a rapist..." [edited for space, Dan?] Did she accuse him? Is he just kind of neurotic?
This reminds me of the letter a month or so ago, wherein the LW asked if she should contact her adolescent "rapist" to get closure to years of feeling victimized. Somehow in both of these Rape has been devalued, and basically normal people have spent years feeling broken.
The letter is a good example of the latter phenomenon. In fact, soi good that it's probably fake. But you know what they say: Fake fur is fun fur!
Also in most states there is a statute of limitations for prosecution of crimes like rape. If the possibility of legal problems is causing panic then at least finding out when even the possibility of it ends might be comforting.
In this state if a rape (9A.44.040/050) is not reported to the police within a year then the statute of limitations is three years after it was committed (see 9A.04.080). Assuming they were both adults.
Lucy, you poor, delicate, little thing, you're a victim of patriarchy and you don't even know it.
Nobody here is pretending that rape itself is a figment of the feminist imagination. However, the informed-consent-can-not-be-given-while-intoxicated standard is something that has been taken beyond its origins and logical application, and refined to a state of absolutist ideological purity that renders it ridiculous. This has been done largely by feminists.
Originally the idea was that someone who is too drunk to put up a coordinated physical resistance or communicate objections coherently cannot possibly give consent. There are a lot of stupid men who think that it isn't rape unless she resists violently, and that sex with someone who hasn't said "No" -- or cannot say it -- therefore isn't rape. The informed-consent-can-not-be-given-while-intoxicated standard was meant to address this, and to educate those who are raping women in these impaired states, all the while thinking they are not rapists. Yes, actually, those guys totally are rapists, and for this purpose the standard is valuable and should be taught far and wide.
However, it has been taken literally to a ridiculous degree, to mean ANY level of intoxication invalidates consent, and applied ONLY to intoxicated women. You will never hear someone who promotes that standard admit the point that Dan made: that if the guy is drunk, he didn't consent either, and therefore he was raped by the woman just as much as she was raped by him, because hey, sex without consent is rape, period. Nor will you hear them make any allowance for the man's level of intoxication rendering him incapable of making those critical judgements necessary to differentiate true consent from false, impaired consent.
If any level of intoxication invalidates a woman's capacity to consent, and therefore relieves her of all personal responsibility while drunk, while no level of intoxication is sufficient to similarly relieve a man of his responsibility, then the inescapable conclusion is that women are weak children, inferior to men with respect to alcohol, that women must be protected from alcohol's effects because they cannot handle any exposure whatsoever. Perhaps we need to raise the drinking age for women to 100.
(Apply reversed gender pronouns at your convenience. The principle applies equally to anybody.)
Add now puritanical "feminism". Welcome to AMerica!
All I can suggest is, drink slower.
If I'm in a bar (not actually likely) am I supposed to intervene with all the couples heading off if one or both seem intoxicated? How?
I agree with Avast at 20 etc.
Honestly I see this as almost more of an example of America's ridiculous relationship with alcohol rather than an example of America's ridiculous relationship with sex. If kids were actually taught how to drink, if people actually took responsibility for the amount that they drank, we'd have less of these kinds of these kinds of issues.
Or fuck faster.
" the level of defensiveness and hostility on display here is substantial and has more than a little misogyny to it."
Some of us simply don't give a shit when you turn to name calling to silence people.
She didn't have to accuse him specifically of raping her. I can easily imagine the nature of her upset being "I can't believe you actually fucked me while I was drunk!" combined with general outrage, and revulsion directed at him. That's what sent him scurrying to the web to clarify his position. It's clear that he is getting his information online from places promoting that standard, and that's what is tying him up in knots, thinking he might be a rapist.
Even if _she_ isn't accusing him of being a rapist, the Internet is. The people talking about feminazis and womyn's studies aren't directing their ire at her.
Uh, yes they are. Hell, you're extrapolating an accusative verbal assault from her against the LW out of "she remembers none of it and she's upset". It is possible to discuss this unfortunate incident without impugning (or inventing) the character of either party. To reiterate my point, I'd say this was not rape (assuming the LW is telling the truth) but the awkward result of mutual overconsumption.
I agree. That said, why do so few people do it?
You aren't a rapist, OTG.
I did a lot of soul searching as a result. What is consent and when is it impossible or at least unreliable? When have I asked enough times or explicitly enough?
I ended up trusting potential partners and the social politics around sex a lot less. Not all women are lying manipulators who would cover shame or regret by destroying someone legally or socially. Not all men are date rapey assholes with dick skin for brains. But there are enough of both to fuck it up for the rest of us.
If this gets official, he's the one kicked out of school and she gets the social services and university's support. ( http://www.courthousenews.com/2013/06/27… )
If this gets legal he's the one going to jail, not her.
@49: What's the point of asking whether this gets legal? There was no accusation here; the LW just wanted peace of mind for himself. If this gets official, she becomes an accuser and this becomes an entirely different scenario than what we've all being discussing.
Ahhh, you must be the one who accuses people of "misogyny" as a complement. My apologies sugartits.
Two people wander down to the water's edge to swim. If the lifeguards are going to save one, and hold the other's head under the water then the latter -- and all those like him -- have a right to know that. Don't you?
In which case the LW will be presumed guilty by the puritanical phallophobes (unless the phallos are paired, natch) of the Stranger.
I work on a campus with young people. I have had them in my office in tears because they were indeed sexually assaulted and this was indeed facilitated by alcohol. I'm fascinated by the comments analogizing her drinking/sex with drinking/driving. What about him? I talk to students about drinking and driving as an analogy but I focus on the initiator of the sex. And the analogy is a good one - you may only be slightly impaired after a couple of drinks but it's not a totally good idea to drive; after a bunch of drinks don't get behind the wheel.
Yes, feminists have been talking a lot about alcohol and rape and informed consent. But if the MRA folks can get off their high horses for a minute, keep in mind that in the case of date rape the chances of successful prosecution are practically NIL. And women know it so it's very unlikely that charges would be laid anyway. They just have to live with it. And if they guy isn't a complete asshole and is prepared to acknowledge it, I guess he does too.
Do I think LW is a bit over the top about this? Yes and no. If it means he'll be very careful from now on, that's positive. I'd like to have seen Dan suggest he channel some of that guilt into action; lord knows we can use more male allies when it comes to educating and challenging about rape, dismissal of rape, victim-blaming, jokes, etc., and I think this discussion illustrates that.
I sense a misconception in this thread about alcohol and blacking out. All a blackout means is that your brain has stopped laying down memories. It doesn't mean your personality has necessarily changed or you can't make decisions--just that you won't remember them later. The fact that she blacked out and he didn't doesn't mean she was less capable of making decisions than he was, or even that she was drunker than he was. Different people black out at different levels of intoxication. See @23 for an example.
Anyways, if you are drunk, it's not an excuse as to why you got behind the wheel. So for LW's case, I think the only ethical standard you can have is that if she was an active participant in the moment then any regret she has about the night has to be her own - not yours.
Yikes.
It must be a comfortable world to live in which you never had to admit to being on the wrong side of a debate.
Ditto on the unpredictable nature of alcohol-related blackouts -- you can be up and walking around and talking and still not remember it later. In fact, I would suggest that blacking out is exactly why she's upset -- because she doesn't remember either of them consenting (even if both of them did, in fact, consent) it creates discomfort in her mind and she can't feel good about the encounter. It's very disturbing to find out that you chose to do something (maybe even something a little out of character), and can't remember why.
therefore every time someone said I love you let's get it on, but lied, that would be rape too under this one size fits all definition of rape as any unconsented sex.
what if the consent is contingent on "I consent if you will pay me by buying dinner" then you buy dinner and there's no sex, is that a time we enforce consent? does the purchase of dinner now mean it's not rape?> what if the guy says okay, but let's screw first THEN doesn't buy her dinner....what a cad, right, is this really rape? or just she can sue for the $45 dinner in small claims court? don't we think she shouldn't be able to sue at all in this case? if so, we are applying something other than the rape equals unconsented sex definition.
maybe we should not have one word for a variety of situations with a variety of harms and culpability levels. people get drunk and lie and fuck all the time, 19 year olds touch 16 year olds lots of times, sometimes we think it's gross sometimes it's written up in literature as romeo and fucking Juliet.
to have one word for a multiplicity of situations many of which may be socially wrong, even criminally wrong in a minor way, but aren't all on the same level as what most of us view as felony level rape justifying putting you in prison for ten years.
I love the power we feminists wield. This must explain why the majority of rapes still go unreported. This must explain why college administrators continue to go to such lengths to silence victims of sexual assault on campus. This must be why there are such high rates of documented false accusations and LEGGGIOONNNSSS of innocent men being thrown in jail by indoctrinated women who took women studies courses in order to find means to have their drunken flings and castrations too.
Oh, and you can clearly see our concentrated and misused power in how effectively we have managed to fear an entire generation of young men into such gross hypervigilance and self-consciousness about their social activities. Young boys are so terrorized of what fate awaits them should they make a single misstep that they have finally stopped videotaping rapes so that they post it online and boast about it. (We bitches are out to ruin everyone's fun!) They surely know better than to tempt the feminazi regime!
I love how Dan opens with some supposed fear of feminists attacking him when the forum, instead, turns as it has.
I think any reasonable person knows that when 2 people awake the next day with different interpretations/memories of what transpired the night before that no court of law can, based on that one incident, determine victim/predator in any way that is fair or meaningful. This is a key reason why these kinds of situation are too grey to prosecute, and likely why folks in them don't report them. But to say that that standard has been ideologically purified to such heinous ends by academics (which is hilarious--do you have any idea what is happening to humanities academics these days????) flies in the face of the facts of rape reporting, rates of false reporting (they remain very low), prosecution rates and, of course, the seemingly ceaseless fury unleashed against feminists (and, by extension, women) if you try to even discuss sexual violence or domestic violence.
Dan is right: this guy is not a rapist, and should get over it. But the "Oooohhh, i better not say this for fear of angering those women out there!" is bullshit. We live in a world where women get their clits removed to prevent them from straying from the male owners, where rape victims can be stoned to death for dishonoring their families from having been raped, where a young girl is shot for wanting to go to school. So, I'm sorry, Dan, but I think you are little overwrought in cowering before any imagined "RAPE IS RAPE!" hand-wringer as though such a woman is more of a worry than the kind of anti-feminist rants and misogyny that get unleashed the second these kinds of letters appear.
I would love it if you could have one single forum about sexual violence that didn't turn into a caricatured referendum on the supposed evils of academic feminism.
Hi maddy!
Fuck you for imagining a world where all gender advantages work for men. Fuck you for ignoring a world where men kill themselves 4.5/5 times as often as women. Fuck you for pretending that globally extremely rare cases of female genital mutilation are evidence that men run everything to their advantage, when the fact that when states want to go to war they can and nobody gives a shit because it's overwhelmingly men that die is, somehow, also evidence of the same. Fuck you for pretending that the overwhelming bias against men in custody cases is somehow different from the slight bias against women in pay rates.
Fuck you for being a feminist and hating men.
Fuck you for
As long as SLOG does not moderate the comments, we're not going to have a caricature-free zone here.
I have a friend who blacks out well before alcohol makes him non-functional (and sometimes he's not even visibly intoxicated - it took me years to learn to identify when he's actually drunk). He's had sex he doesn't remember a few times in the past year. Because he actually wanted to sleep with the people in question, his main worries were around not remembering if he was consistently using condoms and not remembering fun experiences. Legally, he's been sexually assaulted in these cases, though he would disagree, and you'd have a hard time finding a prosecutor who would take the case. Unfortunately, NOT legally classifying cases like this as rape can create a giant loophole to be abused by predatory asshole rapists. The law isn't necessarily the best mechanism to combat rape (though I certainly think it should remain illegal) - ultimately what we need to do is dismantle rape culture (including aspects like slut-shaming, sex-negativity, and people viewing sex as something they're trying to 'get' from another person who may or may not actually want to have sex with them, which is not a gender-specific attitude if last week's Savage Lovecast is any sort of indication), hence the recent shift in the focus of anti-rape activism away from legal systems and toward social/discursive pressures.
@76 And Holy Shit you weren't kidding!
@74 I consider myself quite fucked, tyvm Los Del Mango, if this is the level of discussion we're in for. Let me grow out my arm pit hair, burn bra and American flag, and then discard my sense of humor before we continue. Ya know, so I fit the part.
So what if there is some academic types that think drunk-sex=non-consent. People are completely free to call bullshit on that academic opinion. It is completely immaterial to the conversation. There isn't a single court of law or public opinion that shares that view. As you pointed out in @73, the risk of prosecution/conviction in this circumstance is effectively zero.
25 years later, I look back on this encounter differently, as two people with physically mature bodies but with deeply immature communication skills, doing a terrible job of both assessing the other person's experience and expectations, and expressing one's own. He was guilty of being arrogant and immature and irresponsible and pushy and a jerk and of not following the campsite rule, but he wasn't a rapist. I was 18 and had zero clue.
I guess my point is that we need new vocabulary to describe these kinds of sexual encounters that are not rape, but in which the people involved really should learn to be more responsible and better communicators. Can we coin a new word for this?
Gender politics aside, it's like not using a condom with a random stranger. You can do it, but it's risky behavior.
Never mind that if someone needs to get shit-faced to sleep with you it's not really all that flattering.
The campus rape industry’s central tenet is that one-quarter of all college girls will be raped or be the targets of attempted rape by the end of their college years (completed rapes outnumbering attempted rapes by a ratio of about three to two). The girls’ assailants are not terrifying strangers grabbing them in dark alleys but the guys sitting next to them in class or at the cafeteria.
This claim, first published in Ms. magazine in 1987, took the universities by storm. By the early 1990s, campus rape centers and 24-hour hotlines were opening across the country, aided by tens of millions of dollars of federal funding. Victimhood rituals sprang up: first the Take Back the Night rallies, in which alleged rape victims reveal their stories to gathered crowds of candle-holding supporters; then the Clothesline Project, in which T-shirts made by self-proclaimed rape survivors are strung on campus, while recorded sounds of gongs and drums mark minute-by-minute casualties of the “rape culture.” A special rhetoric emerged: victims’ family and friends were “co-survivors”; “survivors” existed in a larger “community of survivors.”
An army of salesmen took to the road, selling advice to administrators on how to structure sexual-assault procedures, and lecturing freshmen on the “undetected rapists” in their midst. Rape bureaucrats exchanged notes at such gatherings as the Inter Ivy Sexual Assault Conferences and the New England College Sexual Assault Network. Organizations like One in Four and Men Can Stop Rape tried to persuade college boys to redefine their masculinity away from the “rape culture.” The college rape infrastructure shows no signs of a slowdown. In 2006, for example, Yale created a new Sexual Harassment and Assault Resources and Education Center, despite numerous resources for rape victims already on campus.
If the one-in-four statistic is correct—it is sometimes modified to “one-in-five to one-in-four”—campus rape represents a crime wave of unprecedented proportions. No crime, much less one as serious as rape, has a victimization rate remotely approaching 20 or 25 percent, even over many years. The 2006 violent crime rate in Detroit, one of the most violent cities in America, was 2,400 murders, rapes, robberies, and aggravated assaults per 100,000 inhabitants—a rate of 2.4 percent. The one-in-four statistic would mean that every year, millions of young women graduate who have suffered the most terrifying assault, short of murder, that a woman can experience. Such a crime wave would require nothing less than a state of emergency—Take Back the Night rallies and 24-hour hotlines would hardly be adequate to counter this tsunami of sexual violence. Admissions policies letting in tens of thousands of vicious criminals would require a complete revision, perhaps banning boys entirely. The nation’s nearly 10 million female undergrads would need to take the most stringent safety precautions. Certainly, they would have to alter their sexual behavior radically to avoid falling prey to the rape epidemic.
None of this crisis response occurs, of course—because the crisis doesn’t exist. During the 1980s, feminist researchers committed to the rape-culture theory had discovered that asking women directly if they had been raped yielded disappointing results—very few women said that they had been. So Ms. commissioned University of Arizona public health professor Mary Koss to develop a different way of measuring the prevalence of rape. Rather than asking female students about rape per se, Koss asked them if they had experienced actions that she then classified as rape. Koss’s method produced the 25 percent rate, which Ms. then published.
Koss’s study had serious flaws. Her survey instrument was highly ambiguous, as University of California at Berkeley social-welfare professor Neil Gilbert has pointed out. But the most powerful refutation of Koss’s research came from her own subjects: 73 percent of the women whom she characterized as rape victims said that they hadn’t been raped. Further—though it is inconceivable that a raped woman would voluntarily have sex again with the fiend who attacked her—42 percent of Koss’s supposed victims had intercourse again with their alleged assailants.
All subsequent feminist rape studies have resulted in this discrepancy between the researchers’ conclusions and the subjects’ own views. A survey of sorority girls at the University of Virginia found that only 23 percent of the subjects whom the survey characterized as rape victims felt that they had been raped—a result that the university’s director of Sexual and Domestic Violence Services calls “discouraging.” Equally damning was a 2000 campus rape study conducted under the aegis of the Department of Justice. Sixty-five percent of what the feminist researchers called “completed rape” victims and three-quarters of “attempted rape” victims said that they did not think that their experiences were “serious enough to report.” The “victims” in the study, moreover, “generally did not state that their victimization resulted in physical or emotional injuries,” report the researchers.
I don't disagree with any of the other related issues that you bring into the discussion -- yes, all of those are huge problems -- other than to note that they are not applicable in this specific case. This guy has been made to feel that he may be a rapist (is even having panic attacks about it) for the crime of having had drunken sex, despite explicitly asking verbal permission and receiving verbal confirmation, and despite obvious, enthusiastic, active participation by his partner. THAT is what is ridiculous. Not the other stuff you bring up.
Interesting. I have indeed heard that argument made, and it was on a blog space that self-identifies as feminist. More than one such feminist blog, in fact. But I haven't heard it anywhere that didn't identify as feminist.
@74. Wait, so all the depression and feelings of confusion I felt as a teenager were all the fault of feminists? Holy shit, and here I thought it was my own inability to interact with women I liked and my piss-poor attempts to act like the stereotypical masculine man that I so-fucking-wasn't.
Fuck you for blaming feminists for your problems. We don't hate men, many of us are men/males/people with dicks.
As for those kinds of comments, you can find them easily on college campuses, too. White students will be told that they cannot speak in discussions of race (in my experience, it's usually a white "ally" who does this). Bisexuals will be told that they "hide behind their heteronormativity." I was in a graduate seminar once where a woman said that there can never, by definition, be a feminist who fucks men. I attended a faculty meeting where a senior faculty member said that she hoped we wouldn't hire a white gay guy for a Queer Studies position because she wanted to hire "someone more radical than that." Poor whites? Your white privilege cancels your suffering! These knee-jerk asshats exist, no doubt, but they are neither the norm nor the rule. They are outnumbered, spectacularly ineffective, easily out-argued, and, unlike their mirror images on the political right, they do not hold national positions of power or influence. Thus, to focus on them strikes me as a dodge of the issue at hand because, as you noted too, this letter isn't about women's studies, or genital mutilation, or filming your own rape to boast, or anything that so nakedly suggests the issues of power and patriarchy. I brought those things up because, once again, any letter even tangentially related brings the MRAs out in full force. And I find their attacks on academics so overblown and such obvious outlets for misogyny that I cannot not take the bait. Sigh.
So while I'd say this wasn't rape, it's definitely inadvisable, especially when one person can recall what happened and the other can't.
You provided some good reasons to attack academics on these issues. Face it, any male accused of rape is guilty on most campuses, and in the Slog comments.
On reading: The vast majority of comments in this Slog forum agree with Dan that the LW was not the victim of rape.
On the news: Checked any recent news stories about sexual assaults on college campuses? Stats have remained steady across time, as have the allegations by victims that college administrators downplay, blame the victims, and when they do mete out "punishment" (very rarely) the sentences are equivalent to minor campus thefts, semester probation, or campus restraining orders. This claim you make that male college students are regularly accused, tried, and sentenced is just plain nonsense. Statistically so. In contrast, victims of sexual assault have their lives considerably--and measurably--disrupted, particularly their continued progress at the college in question.
So, again, maybe you have some skill of reading the exact opposite of what's in front of you.
Try using Google. Start with Amherst College, a prestigious liberal arts college in MA. A *male* victim of sexual assault committed suicide last spring and there was a major media scandal this past fall when a female student recounted in a blog how horridly the campus admin treated her after her rape. Subsequent task forces confirmed her allegations as well as those of other students who came forward after it became a major news story. As a result, the campus has had a major administrative overhall, with many people fired, new positions/organizations created, mandatory faculty/staff training, and so on.
You seem analytically challenged, so I think this point also needs to be made. The academic field of Women's Studies has NOTHING, ZERO to do with individual cases of rape on college campuses any more than Abnormal Psychologists are implicated/responsible for a given homicide. Imagine a murder on campus being used as a referendum on their scholarship, to the point where the focus of blame and judgment is on their writing (and an academic is famous if 200 people read his/her work) instead of the crime that they study professionally? How is that anything other than a hate-filled attempt to deflect?
So, please, imagine the most man-hating, humorless, butch-dyke hairy feminist professor you can think of. Say she opened the first day of class by saying that all men would rape if they knew they wouldn't get caught. (Btw, this kind of sexist line comes out of an Evolutionary Psych professor's mouth every so often and yet why aren't we having an extended discussion about the real world merits of that field of study???).
So, the evil feminist lady said you're a rapist.
News flash: It doesn't make you one.
And neither do cases like this.
Sure, the man could be lying. The woman could be lying. But even if neither are, the problem is still there.
@18 has it right. If you're not going to remember what you did and whether it was your fault or not, then you're too drunk to be out.