If a person is incapable of giving or withholding consent. It's really not difficult. Is the person awake and aware or not? It is only tough if you are trying to make excuses for rape.
I resent the implication that attempting to clarify the standard equates to excusing rapists. That offends me to my core. As quoted earlier, the DA in this case said "drunk means no, unconscious means no", clearly separating the two. You (and other sites I've looked at) also use the word "incapacitated", which obviously has a massively different connotation from simply "drunk". Either way, the problem is in the subjective nature of the term. How and by whom is the "incapacitated" determination to be made? What benchmarks define "awake but not aware"? How is a hopeful-non-rapist to be certain that a potential partner is giving legally valid consent (since it has been demonstrated that simply believing that the intoxicated person is "awake and aware" is not actually sufficient)? I'm a non-drinking, monogamous, married father of a teenage girl, so I have absolutely no desire to justify any sexual misconduct. But I also think neither this discussion nor any of these questions are unreasonable for those persons to whom these situations are relevant.
Mind boggling that he got off with such a light sentence. Having millions... Or the ability to make millions at sports affords you so many more luxuries that the common Homosapian would never get. I do however have to disagree with white privilege having a major role here. I know for a fact that if for example, I were to go finger bang an intoxicated female who was or was not able to tell me no... Yet I still did it.. I wouldn't get off with a slap on the wrist like this man did. Money played the major role in this case. Which is sad, people shouldn't be able to buy their way out of trouble... Nor should judges go easy on the verdict just because they're a well known athlete. But alas I can think of quite a few athletes white and black that got away with just a slap of the wrist. Maybe one day as Homosapians we'll stop idolizing the top athletes in society. But as of right now that is not the case. The worst part about it is as a society... This case will be forgotten in a few months. We'll go back to idolizing the top athletes in the world. Yet this woman will never forget the night she was raped. I will say the role white privilege did play is how the media portrayed the case.
And the media can be controlled by the 1% and the donations they make to these media outlets. The 1% wants us fighting over shit like this to keep us occupied with the income inequality that really is going on.
As the discussion has shown there are more facets to this story than just race. So this might not be the best case to discuss something that is clearly real. Besides, white privilege at its finest is when I go to Hoover Dam and the security officers just wave me through while I watch them search a car full of brown people.
Ya wanna know something else that might be white privilege? I've noticed for a good while that tons of McDonald's commercials feature entirely black actors. If that sticks out to me like a sore thumb it would be weird to see what it has been like for black people all these years. That's as far as I wanna go by the way, I just want to experience weird tv.....no more.
Let me make this perfectly clear. If a person drags an unconscious, unresponsive person outside, behind a dumpster, pulls off most of his/her clothing and the person does not speak/move/react, he/she is incapacitated.
Nobody (except @EL PRESIDENTE, who doesn't really count) is disputing the facts of this particular case. The questions regarding the topic in general, however, remain relevant.
Im the only one who is giving an accurate reflection of this incident. There was no rape there is no rapist. Its not 6 months for rape its 6 months for fingering a drunk girl who can't recall anything. This is the media creating an outrage based on falsehoods and sensationalism. This is not white privlege this isnt rape culture. They got drunk, hooked up and the girl passed out.
Running is not rape nor is dry humping someone. He ran because it was dark and two guys chased him or approached him
OK, Portland Platypus. Here's a good rule to live by: If you are not sure someone is consenting, assume not. In the course of a long and sometimes mis-spent life, I have never doubted consent. Not mine, not the other person's. Incidentally, the rapist's best bud has joined his father in condemning the conviction. He claimed the felony conviction was just "political correctness" (of course! PC is such a meaningless term, you can apply it to anything and everything you don't like) and, incredibly, that just because there was a rape doesn't mean that he was a rapist. How you have a rape with no rapist is beyond the power of my little lady brain to comprehend.
