Relevant article: http://news.nationalpost.com/2011/02/24/no-jail-for-rapist-because-victim-wanted-to-party/
Most of this speaks for itself, but I would like to highlight that the judge's own words and his sentencing statements set up a paradigm in which the following things effectively strip a woman of her sexual agency and apparently negate the issue of consent:
Suggestive attire (items listed: tube tops with no bra, high heels and plenty of makeup)
Promiscuous conduct (skinny dipping in a lake)
Creating "inviting circumstances"
"Wanting to party"
Inconsiderate behavior
Drinking alcohol
If you engage in any of these behaviors or display any of these attitudes, and then someone forces himself on you and rapes you, you share in the "moral blameworthiness" of the situation. I'm a big fan of personal responsibility, but putting yourself in a vulnerable position does not excuse somebody else committing a heinous crime. Kissing a guy is not sexual consent. Being naked is not sexual consent. Skinny dipping is not sexual consent. Flirting is not sexual consent. Sexual consent is clearly and enthusiastically saying yes (as in "yes means yes!").
Of course, the judge made sure to say that "he doesn't want to be seen as blaming the victim." Well, here's a novel idea: Don't blame the victim.
Most of this speaks for itself, but I would like to highlight that the judge's own words and his sentencing statements set up a paradigm in which the following things effectively strip a woman of her sexual agency and apparently negate the issue of consent:
Suggestive attire (items listed: tube tops with no bra, high heels and plenty of makeup)
Promiscuous conduct (skinny dipping in a lake)
Creating "inviting circumstances"
"Wanting to party"
Inconsiderate behavior
Drinking alcohol
If you engage in any of these behaviors or display any of these attitudes, and then someone forces himself on you and rapes you, you share in the "moral blameworthiness" of the situation. I'm a big fan of personal responsibility, but putting yourself in a vulnerable position does not excuse somebody else committing a heinous crime. Kissing a guy is not sexual consent. Being naked is not sexual consent. Skinny dipping is not sexual consent. Flirting is not sexual consent. Sexual consent is clearly and enthusiastically saying yes (as in "yes means yes!").
Of course, the judge made sure to say that "he doesn't want to be seen as blaming the victim." Well, here's a novel idea: Don't blame the victim.
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