Monday, May 14, 2007

Fraudently Sex Should Be Rape???

I really do think the writers over at Feministing are giving sensible Feminism a bad name with their ill-considered screeds against a ubiquitous patriarchy. While I have deep sympathy for the broad goals of Feminism, some of this stuff is just whack. Case in point:
MA Court: Sex by fraud isn't rape

From TalkLeft:

She went to bed one night, in the bedroom she shared with her boyfriend, and a man she thought was her boyfriend got into bed and had sex with her. It turned out the man was her boyfriend's brother who pretended to be her boyfriend...Is that rape? The Massachusetts Supreme Court says no.

Lovely, huh? Massachusetts' Supreme Judicial Court ruled yesterday that consent for sex obtained through fraud or deceit isn't rape. The court said that MA's law defines rape as intercourse "by force and against [the] will" of the victim and that "fraudulently obtaining consent to sexual intercourse does not constitute rape as defined in our statute."

There seems to be this reflexive drive to label sex under anything other than ideal circumstances rape. Now don't get me wrong, using fraud to obtain sex is sleazy and disgusting, but that doesn't make it rape. And what about the implications of a reverse ruling? People tell a LOT of lies to get sex (sure I'll respect you in the morning/I'm a millionaire/I'll take you to my house in the Hamptons, etc, etc.). If everything isn't on the up and up, it's rape?!?

Even if such behavior were considered criminal (which I think is probably a bad idea) it's just simply not the same as lying in wait in and alley, attacking, and forcibly raping a woman. Not same ballpark, not even the same freakin' league. To have the same statute and punishment cover both kinds of acts seems ridiculous.

In other news, Julian Sanchez has a nice post making points similar to the one's I made that warning women about real dangers in the world is not "victim blaming" or "slut shaming".

Read the post - Feministing writers even accuse Google's algorithm of sexism for returning "did you mean HE invented" when you type "she invented".

Think people!

UPDATE: And how about "sure I'm clean, I was tested!". If I agree to sleep with you after hearing that, does that make it rape? Cause I sure would be a lot more pissed if I woke up with herpes that if I woke up with someone who wasn't actually a millionaire or backup singer in a famous band. . .

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