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Ohio Joe

(21,755 posts)
Fri Apr 18, 2014, 09:36 AM Apr 2014

Nonconsensual sex: How colleges rebranded rape

Around 15 years ago, Brett Sokolow was touring universities and advising them on how to deal with sexual assault on their campuses. On these visits, he noticed something strange. The schools had policies about rape, and recognized that rape happened. But when it came down to it, schools just didn’t want to believe their own students actually rape.

“I trained hundreds and hundreds and hundreds of hearing boards, and listening to them get squeamish about it,” Sokolow said. “The hearing board would say, ‘We’re not willing to label this guy a rapist.’”

http://america.aljazeera.com/watch/shows/america-tonight/articles/2014/4/17/nonconsensual-sexwhenrapeisreworded.html

And from a bit further into the article:

It’s rare for a college to seriously sanction a student who commits sexual assault. According to a 2010 investigation by the Center for Public Integrity, only 10 to 25 percent of students found “responsible” for sexual assault were permanently kicked off campus.

Sokolow believed “nonconsensual sex” sounded less bad, which could actually encourage schools to punish rapists. But some experts think toning down the language has the opposite effect.

_____________________________________________________________________

What rape culture?

We're not willing to label this guy a rapist... Only 10 to 25 percent of students found “responsible” for sexual assault were permanently kicked off campus.

The excuses... The denial... You know it will come.

So very, very fucked up.

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Nonconsensual sex: How colleges rebranded rape (Original Post) Ohio Joe Apr 2014 OP
A rose by any other name dipsydoodle Apr 2014 #1
and sexual assault is fairly close linguistically to sexy assault Supersedeas Apr 2014 #7
Language matters. MineralMan Apr 2014 #2
he forced her to have sex. that, we see a lot. no. he raped her. i agree mineral. nt seabeyond Apr 2014 #4
That and sex with intoxicated women. MineralMan Apr 2014 #5
God, I remember the wheedling, whining, and pressuring. wryter2000 Apr 2014 #9
Yes. Giving in in the face of pressure is something MineralMan Apr 2014 #16
That long-ago girlfriend . . . Brigid Apr 2014 #20
Well, she was pretty awesome on her own. MineralMan Apr 2014 #46
this is the kind of thing that mopinko Apr 2014 #25
You're a great example of how it can go right erronis Apr 2014 #35
Love this: CrispyQ Apr 2014 #11
And Yes! is lots more fun, too. MineralMan Apr 2014 #17
+1000 heaven05 Apr 2014 #21
Then you have radio shock jocks like Tom Leykis who advocate getting women drunk R B Garr Apr 2014 #55
Guys like that are assholes, plain and simple. MineralMan Apr 2014 #62
Leykis is a pig who hates women, liberalhistorian Apr 2014 #69
The mystery is chervilant Apr 2014 #71
Well, yes, indeed, liberalhistorian Apr 2014 #82
This. nt redqueen Apr 2014 #83
so many men, continuously talk so ugly about women, too often. what would happen in mens world seabeyond Apr 2014 #78
If the word doesn't exist, then there is no such thing (semantic sarcasm) Tansy_Gold Apr 2014 #43
bad enough, guilty enough, to kick off campus, yet not use criminal system and send to jail. seabeyond Apr 2014 #3
Sadly... Even when found "responsible" only 10-25% get kicked off campus... Ohio Joe Apr 2014 #6
He should edit what he said. CrispyQ Apr 2014 #12
And by not kicking them out of school and ... aggiesal Apr 2014 #14
It took 25 women showing up in the dean of students' office to get one off our campus. Gormy Cuss Apr 2014 #15
If a football player is found guilty lark Apr 2014 #30
I'm not sure how one relates to the other Sgent Apr 2014 #60
Wow CFLDem Apr 2014 #8
Is one of the take-aways of this: Victims should pursue civil and criminal charges with law KurtNYC Apr 2014 #10
I would think yes... But I'm not certain it is so simple Ohio Joe Apr 2014 #13
They must, yes. AtheistCrusader Apr 2014 #19
Unfortunately it's somewhat more complicated than that: LeftyMom Apr 2014 #22
It IS a consent issue. AtheistCrusader Apr 2014 #18
Thanks for posting this despite some DUers expressing their "exasperation at posts discussing rape." redqueen Apr 2014 #23
I remember marions ghost Apr 2014 #24
I am an old woman (52) etherealtruth Apr 2014 #27
That's horrific, but not sadly, not so surprising YoungDemCA Apr 2014 #61
Right marions ghost Apr 2014 #66
I thought this happened because rape often has a narrow legal definition aikoaiko Apr 2014 #26
Good term. Non-consensual sex is broader encompassing more crimes than classic "rape". Bernardo de La Paz Apr 2014 #28
Is it also 'good' that they are doing it to cover up rapes? Ohio Joe Apr 2014 #32
That's opinion. I'm not sure it would be supported by careful studies. Bernardo de La Paz Apr 2014 #34
Since schools are working to hide the numbers, the number of rapes is not known... Ohio Joe Apr 2014 #39
Disagree lark Apr 2014 #33
You miss the boat. Non consensual sex is much more than vaginal or anal penetration. Bernardo de La Paz Apr 2014 #38
Again disagree lark Apr 2014 #41
A lot of times the law doesn't call it "rape" either davidn3600 Apr 2014 #44
We are talking about changing the name to cover up rape... Ohio Joe Apr 2014 #49
Educated people (LE included) understand more than just four letter words. nt Bernardo de La Paz Apr 2014 #45
Are you being deliberately obtuse? chervilant Apr 2014 #52
Obtuse? Surely you realize assault is non-consensual & rape does involve sex or attempted sex. nt Bernardo de La Paz Apr 2014 #57
You seem woefully misinformed about rape, chervilant Apr 2014 #58
Be smart & explain yourself. If it doesn't involve a sexual aspect, then it's battery, not rape. Bernardo de La Paz Apr 2014 #59
'We,' Bernie? chervilant Apr 2014 #67
Rape is sexual assault (battery, actually) & it's primarily a power/violence thing. Bernardo de La Paz Apr 2014 #68
Pedantic repetition does not make you right. chervilant Apr 2014 #70
I asked for help but you won't address the points or answer the questions asked of you. So be it. nt Bernardo de La Paz Apr 2014 #72
Making justifications for schools covering up for rapists is not asking for help Ohio Joe Apr 2014 #73
Nothing I wrote was a justification for covering up rapists. NOTHING. nt Bernardo de La Paz Apr 2014 #74
Yes... All of it is Ohio Joe Apr 2014 #75
NOTHING. Covering up rape is not justified. You are confusing me with other posters. nt Bernardo de La Paz Apr 2014 #76
No... No confusion... You said it was 'good' that they change the terms... Ohio Joe Apr 2014 #77
The language is good. The coverup is bad, wrong, evil, and is independent of language. Bernardo de La Paz Apr 2014 #79
No... You continue to ignore that the change is exactly to cover up rapes... Ohio Joe Apr 2014 #80
I DO NOT JUSTIFY NOT CALLING RAPE A RAPE. That is the administration's fault, not the language. Bernardo de La Paz Apr 2014 #81
Non-sense. You are defending the change when you know why it is being changed... Ohio Joe Apr 2014 #84
You don't want enlighten or educate (as asked for). You just want to argue Bernardo de La Paz Apr 2014 #86
The article is clear and I am as well... That you ignore it, is your choice... Ohio Joe Apr 2014 #88
I don't defend schools protecting rapists. I've said it before.You can make up stuff all you want.nt Bernardo de La Paz Apr 2014 #89
Ask yourself two questions... Ohio Joe Apr 2014 #90
The first question is way too simplistic. It easier for you to attack if it is simplistic. Bernardo de La Paz Apr 2014 #91
Not if I'm the one being raped or someone attempts to rape me ismnotwasm Apr 2014 #85
Exactly. It is primarily violence, but there is a sexual aspect even if it is not sexy. Bernardo de La Paz Apr 2014 #87
"rape" is in scare quotes? YoungDemCA Apr 2014 #64
It is quoted because we are discussing definitions and terminology. Only you are scared. nt Bernardo de La Paz Apr 2014 #65
Perhaps murder is "nonconsensual third party suicide"? nt Tommy_Carcetti Apr 2014 #29
haha was gonna say the same thing! bettydavis Apr 2014 #36
+1,000,000 lark Apr 2014 #42
I was listening to the lawyer of tje Heisman trophy talking about false accusations, Thinkingabout Apr 2014 #31
but. . there is NO war on women. niyad Apr 2014 #37
Maybe some of these enabling universities need a BIG class action lawsuit. hlthe2b Apr 2014 #40
Part of it is Clery Act fallout. Xithras Apr 2014 #47
Denial is a terrible thing, no matter if it's well intentioned or not. AverageJoe90 Apr 2014 #48
Prosecution needs to be taken completely out of the hands of colleges LadyHawkAZ Apr 2014 #50
And, chervilant Apr 2014 #51
Should, yes LadyHawkAZ Apr 2014 #53
Excellent point. chervilant Apr 2014 #54
K&R ismnotwasm Apr 2014 #56
Anyone responsible for sexual assault should be in jail. nt rrneck Apr 2014 #63

MineralMan

(146,288 posts)
2. Language matters.
Fri Apr 18, 2014, 09:45 AM
Apr 2014

Nonconsensual sex is rape. But, the wording somehow makes it sound less vile.

Humans are good at putting a soft face on hard things. We should use the short words.

Rape is rape. Nonconsensual sex is rape.

MineralMan

(146,288 posts)
5. That and sex with intoxicated women.
Fri Apr 18, 2014, 10:02 AM
Apr 2014

The onus is on the men. If there is not clear, conscious, enthusiastic consent, it's wrong. It's that simple. I don't understand how anyone can see it any other way.

No wheedling. No pressuring. No whining. No psychological strategies. None of those, either.

Sex is either mutually wanted or it shouldn't happen. It's not difficult to understand at all. Yes! means yes. Anything else means no.

wryter2000

(46,039 posts)
9. God, I remember the wheedling, whining, and pressuring.
Fri Apr 18, 2014, 10:17 AM
Apr 2014

I finally gave in when I shouldn't have. Very bad result I don't want to go into.

Thanks for your posts, Mineral Man and Ohio Joe. So many men "get it," and so many women don't.

MineralMan

(146,288 posts)
16. Yes. Giving in in the face of pressure is something
Fri Apr 18, 2014, 10:49 AM
Apr 2014

I imagine a lot of women can relate to. I was lucky, as a teenager. My first serious girlfriend told me that such nonsense wasn't going to work. She was wise beyond her years, and I took that lesson to heart while still very young. I got it as soon as she explained it to me, and never tried anything like that ever again with anyone.

The odd thing, or distinctly non-odd thing, was that I discovered that women were interested, too, in exploring that aspect of a relationship. It was an important lesson to learn.

MineralMan

(146,288 posts)
46. Well, she was pretty awesome on her own.
Fri Apr 18, 2014, 03:08 PM
Apr 2014

Very smart and very secure in her individuality, even as a kid. I'm glad I knew her. I learned a lot from her that has made me a better person. That was over 50 years ago. I chatted with her a couple of years ago, after all those years. She's still a pretty formidable person. We had a couple of good chuckles about those days so long ago.

We were a couple for two years in high school. When we met, I was 16 and she was 14. She was the more mature and together of the pair. I was just a skinny kid with an excess of hormones, but capable of learning.

erronis

(15,241 posts)
35. You're a great example of how it can go right
Fri Apr 18, 2014, 12:31 PM
Apr 2014

Thanks for the short vignette. You let us all see the pressures of the moment and a good reaction as well as a very intelligent "take away".

I hope we can all learn from our experiences as well as you.

R B Garr

(16,950 posts)
55. Then you have radio shock jocks like Tom Leykis who advocate getting women drunk
Sat Apr 19, 2014, 01:17 AM
Apr 2014

and spending as little as possible on any woman until she comes through sexually. This guy was on the radio giving "advice" to men (I'm thinking it was mostly younger men along the lines of Howard Stern's audience) on how to get sex from a woman, including plying her with alcohol and then getting rid of her as quickly as possible.

I don't know if his show is still on the air, but you can google him and there is still plenty of his filth around on YouTube to get the idea of what he was advocating. So you have these young men listening to so-called mentors like Howard Stern and Tom Leykis on how to score with women, and apparently some of them are growing up believing that women can be used and dumped.

liberalhistorian

(20,818 posts)
82. Well, yes, indeed,
Sun Apr 20, 2014, 01:41 PM
Apr 2014

That is the true mystery. Then again, I've met some really self-hating, misogynistic women in my lifetime, so maybe it's not entirely a mystery.

 

seabeyond

(110,159 posts)
78. so many men, continuously talk so ugly about women, too often. what would happen in mens world
Sun Apr 20, 2014, 12:25 PM
Apr 2014

if there were programs on tv, work shops, a continuous dialogue how to abuse and use men?

think outrage?

men have to go to a written creed, four decades ago, to pull out their insults from a feminist

Tansy_Gold

(17,857 posts)
43. If the word doesn't exist, then there is no such thing (semantic sarcasm)
Fri Apr 18, 2014, 01:01 PM
Apr 2014

MineralMan wrote: Nonconsensual sex is rape. But, the wording somehow makes it sound less vile.

The concept becomes "less vile" because there is no single word that can be derived from the noun-phrase "nonconsensual sex" to label the person who commits the act. The act then becomes a thing in and of itself, divorced from the actor. There isn't even a verb to be derived.

If that somehow sounds like mumbo-jumbo, compare it to the other word we have:

verb (transitive and intransitive): to rape
noun (act): rape
noun (actor): rapist

By using "nonconsensual sex" to label the act, there is no way to label the person committing it. He (or less often, she) cannot be a rapist because he didn't rape.

Someone who kills is a killer.
Someone who farms is a farmer.
Someone who dances is a dancer.
Someone who plagiarizes is a plagiarist.
Someone who rapes is a rapist.

"Nonconsensual sex" doesn't even generate a verb. The person "has" (owns? possesses?) (the act of) nonconsensual sex; he doesn't even "do" it. Thus the actor is separated not only from the deed itself but from the doing of it. All we're left with is this sort of disembodied (pun intended) act,

To take it another step further, one is required (semantically) to "have" nonconsensual sex "with" the other person. Not "to" or "at" them, implying they had nothing to do with it; but rather "with" them, as if they were some kind of partner or accomplice.




 

seabeyond

(110,159 posts)
3. bad enough, guilty enough, to kick off campus, yet not use criminal system and send to jail.
Fri Apr 18, 2014, 09:56 AM
Apr 2014

thanks joe

rape culture.

Ohio Joe

(21,755 posts)
6. Sadly... Even when found "responsible" only 10-25% get kicked off campus...
Fri Apr 18, 2014, 10:02 AM
Apr 2014

They are not just using a different word... They are changing the meaning. They are inventing a way to keep rapists not only out of jail but on campus... Also from the article:

“It just gives the school the ability to not expel students,” said Colby Bruno, who has assisted thousands of colleges and universities in addressing sexual assault, as the senior legal counsel at the Victim’s Rights Law Center. “That’s really what it’s about.”

It's sick.

CrispyQ

(36,461 posts)
12. He should edit what he said.
Fri Apr 18, 2014, 10:29 AM
Apr 2014

“It just gives the school the ability to not expel students rapists,” said Colby Bruno,

aggiesal

(8,914 posts)
14. And by not kicking them out of school and ...
Fri Apr 18, 2014, 10:41 AM
Apr 2014

not throwing them in jail, the universities are allowing a known rapist to
walk their campuses.

How many rape crimes go unreported when they know nothing
will happen to the rapist and the victim would end up with the label?

Gormy Cuss

(30,884 posts)
15. It took 25 women showing up in the dean of students' office to get one off our campus.
Fri Apr 18, 2014, 10:41 AM
Apr 2014

Most of us had only creepy incidents like having a ordinary chat over coffee suddenly turn into him detailing how he envisioned fucking us. I mean a torrent of details spilling out of him, not just an off-hand comment. I know that at least three women reported this creepy behavior to the dean. Nothing was done.

Then others were physically assaulted and/or sexually assaulted by this creep. One was a good friend and she told me she wasn't going to report it because the dean wouldn't do anything. When word got around that he had raped at least three women, we organized the group meeting with the dean. Still, she was resistant to do much more than "talk to him" about it. I don't know what happened after that but I suspect that one of the women brought in a lawyer because the creep was finally expelled a couple of months later.

lark

(23,097 posts)
30. If a football player is found guilty
Fri Apr 18, 2014, 12:19 PM
Apr 2014

it was definitely consensual, even when the girl goes to the hospital and is injured. FSU and all other such universities that care about football more than the female students make me sick! We definitely have a strong rape culture in this country and maybe even more so on campuses.

Sgent

(5,857 posts)
60. I'm not sure how one relates to the other
Sat Apr 19, 2014, 11:24 AM
Apr 2014

Every public health and college administrator I have met encourages students to go the ER / have a rape kit performed and report it to the authorities. What the authorities do with the case from that point isn't up to the school.

The school don't have a burden of proof or need for due process. If a student invokes their 5th amendment the school can assume they're responsible.

Its much easier to kick a student out than to be prosecuted for rape.

KurtNYC

(14,549 posts)
10. Is one of the take-aways of this: Victims should pursue civil and criminal charges with law
Fri Apr 18, 2014, 10:24 AM
Apr 2014

enforcement and local courts rather than submit such matters to these enabling college administrators?

There is a big incentive for administrators not to admit that ANY types of crime occur on a regular basis on their campuses. In a word: Sandusky.

Ohio Joe

(21,755 posts)
13. I would think yes... But I'm not certain it is so simple
Fri Apr 18, 2014, 10:30 AM
Apr 2014

Check out this article... From the middle of it:

She’s not trying to single out any particular institution but wants “an accurate picture of what processes, systems and services are in place right now.”

One of those problem areas is jurisdiction. Many campuses have their own law enforcement, so who handles the complaint of rape and what is the communication with the municipal police? And with the prosecutor?

“The key is do women know where to go to report and when they do, are they getting the services they need?” McCaskill asked.

http://www.washingtonpost.com/blogs/she-the-people/wp/2014/04/15/sen-mccaskill-sends-out-unprecedented-survey-on-campus-rape-to-college-presidents/

I suspect who to go to and how reporting should be done is intentionally made unclear by the schools to help them hide rapes and the rapists... All to make themselves look better.

AtheistCrusader

(33,982 posts)
19. They must, yes.
Fri Apr 18, 2014, 11:12 AM
Apr 2014

The college will ALWAYS cover its ass. No college wants to be known as a rape haven. The staff has every reason to minimize, hide, or pretend it didn't happen.

I think victims should ALWAYS go to the police. College. Professional workplace. Charity orgs, Schools, Government positions, Homes, you name it. Go to the cops.

The only exception really, is the military, which erects chain of command barriers to reporting rape, but that is slowly evolving as well.

LeftyMom

(49,212 posts)
22. Unfortunately it's somewhat more complicated than that:
Fri Apr 18, 2014, 11:44 AM
Apr 2014

First because colleges have their own police forces and if you go to the municipality's police they'll often send you to them. They're overworked and don't want to skew their numbers, either. And of course municipal policing isn't exactly setting the world on fire in its' response to rape.

Second because the outside justice system is slow, and students may want (or need for their safety) the immediate responses colleges can offer, such as changing schedules so the victim and accused rapist aren't in the same class, or moving dorm assignments around.

AtheistCrusader

(33,982 posts)
18. It IS a consent issue.
Fri Apr 18, 2014, 11:02 AM
Apr 2014

But not from that end.

It's a consent issue because, and I've seen a couple numbers, but, some ridiculously high proportion of the pitiful few that are actually prosecuted and convicted, don't believe that what they did was rape.

Which implies some blinding level of willful ignorance, or they fundamentally do not understand consent.


So too for the university staff that aren't willing to 'brand someone' a rapist. They must have some trouble with the idea of consent, because if you DO understand consent, rape isn't really even a judgment call, it's a Boolean proposition. Yes/no. The grey area shrinks precipitously.

So, all parties involved, including the university staff could apparently use some remedial education on what the blue fuck CONSENT means. The rest seems like it should fall into place, yes?

redqueen

(115,103 posts)
23. Thanks for posting this despite some DUers expressing their "exasperation at posts discussing rape."
Fri Apr 18, 2014, 11:55 AM
Apr 2014

and their opinion that "the rape issue is over-pushed in GD on DU."

K&R

marions ghost

(19,841 posts)
24. I remember
Fri Apr 18, 2014, 11:56 AM
Apr 2014

one of the younger professors at my college was widely known as "the rapist." It was not a joke. Women were warned against him.

So it was accepted that rape was condoned on campus and was nothing you could do but warn others. Nobody imagined winning a case against a predatory professor. I'm sure he carried on as long as he could get away with it.

etherealtruth

(22,165 posts)
27. I am an old woman (52)
Fri Apr 18, 2014, 12:08 PM
Apr 2014

When I was 19 my micro-physics professor insisted that I would do so much better in the class if I simply went to his apartment and let him help me ... I never returned to his class. At that time, there wasn't even the option of complaining to the university.

I realize that was harassment (not rape) ... but, I do believe that using coercion is rape. I wasn't going to be coerced ... I switched majors.

 

YoungDemCA

(5,714 posts)
61. That's horrific, but not sadly, not so surprising
Sat Apr 19, 2014, 11:26 AM
Apr 2014

There are lots of rapists and other predators in high places.

marions ghost

(19,841 posts)
66. Right
Sat Apr 19, 2014, 12:02 PM
Apr 2014

it's wrong to think of rapists as typical lowlife. They are found in every social strata.

Hard to get people to admit being a rapist so the numbers are unknown. We have only the data from those who are charged with it. But it is possible to extrapolate.

Anyone who says rape is rare in America is badly out of touch.

aikoaiko

(34,169 posts)
26. I thought this happened because rape often has a narrow legal definition
Fri Apr 18, 2014, 12:05 PM
Apr 2014

and "nonconsensual sex" includes rape, by narrow definitions, but also other types of sexual offenses.

Take Georgia's legal definition of rape:

16-6-1. Rape.

(a) A person commits the offense of rape when he has carnal knowledge of a female forcibly and against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ.
(b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life, or by imprisonment for not less than ten nor more than 20 years. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.


They are all sorts of problems with that definition of rape, but it is the legal standard. Other criminal definitions capture other acts in the Georgia Code.

Bernardo de La Paz

(49,001 posts)
28. Good term. Non-consensual sex is broader encompassing more crimes than classic "rape".
Fri Apr 18, 2014, 12:17 PM
Apr 2014

Therefore it is a good term. It includes acts like non-consensual sexual touching and coercion and male on male rape that don't meet the classic definition of a penis penetrating a vagina.

Ohio Joe

(21,755 posts)
32. Is it also 'good' that they are doing it to cover up rapes?
Fri Apr 18, 2014, 12:22 PM
Apr 2014

Also from the article:

“It just gives the school the ability to not expel students,” said Colby Bruno, who has assisted thousands of colleges and universities in addressing sexual assault, as the senior legal counsel at the Victim’s Rights Law Center. “That’s really what it’s about.”

They are not doing this for any 'good' reason... They are doing it to cover up rapes and let rapists go free from any consequences.

Bernardo de La Paz

(49,001 posts)
34. That's opinion. I'm not sure it would be supported by careful studies.
Fri Apr 18, 2014, 12:30 PM
Apr 2014

I suspect that despite some high profile cases that the overall situation regarding non-consensual sex involving university students (victim or perp) has decreased in the last, say, 50 years because of the heightened awareness and the overall lower tolerance for it.

Even so, there is a long way to go, and some universities still have 17th century attitudes.

Ohio Joe

(21,755 posts)
39. Since schools are working to hide the numbers, the number of rapes is not known...
Fri Apr 18, 2014, 12:38 PM
Apr 2014

Though even if the number is down, it is not a justification for schools working to actively hide the numbers, protect rapists and keep rapists on campus.

lark

(23,097 posts)
33. Disagree
Fri Apr 18, 2014, 12:30 PM
Apr 2014

Rape is rape - end of story - whether vaginal, anal or both - it's rape. Colleges should not try to get out of their responsibility to protect the students by downplaying this heinous crime. "Non-consensual sex" sugar coats it WAY too much. Yes, there are other acts, like forced oral sex, that aren't actually rape. A more generic and much more strongly enforced prohibition against rape & sexual assault is definitely needed.

Bernardo de La Paz

(49,001 posts)
38. You miss the boat. Non consensual sex is much more than vaginal or anal penetration.
Fri Apr 18, 2014, 12:33 PM
Apr 2014

It includes touching breasts and buttocks, production of non-consensual pornography (perhaps while drunk or drugged), sexual blackmailing, hand jobs, blow jobs, breast jobs, fingering, mutual masturbation (when non consensual), and more.

lark

(23,097 posts)
41. Again disagree
Fri Apr 18, 2014, 12:51 PM
Apr 2014

Sexual assault is sex (groping, etc) with no penetration, rape is penetration and is what is it. Non-consensual sex makes it all sound so much nicer so universities and law enforcement can ignore it more easily. Non-consensual sex is what the sex offender would like it to be called, not the survivors. It muddies the water, is it sex or a crime? Rape and sexual assault are crimes and the names point that out, as they should.

 

davidn3600

(6,342 posts)
44. A lot of times the law doesn't call it "rape" either
Fri Apr 18, 2014, 01:06 PM
Apr 2014

Like in Florida, for example, it's many times called "sexual battery" in the state laws or even "Lewd or Lascivious Battery."

Sometimes murder is called homicide or manslaughter.

The law doesn't work in black and white. There are degrees. Not everyone convicted of murder gets the death penalty.

Ohio Joe

(21,755 posts)
49. We are talking about changing the name to cover up rape...
Fri Apr 18, 2014, 09:24 PM
Apr 2014

Once again, from the article:

“It just gives the school the ability to not expel students,” said Colby Bruno, who has assisted thousands of colleges and universities in addressing sexual assault, as the senior legal counsel at the Victim’s Rights Law Center. “That’s really what it’s about.”

But I'm am not one bit surprised people are defending the practice.

chervilant

(8,267 posts)
52. Are you being deliberately obtuse?
Sat Apr 19, 2014, 12:31 AM
Apr 2014

Did you read the article, which clearly discusses "non-consensual sex" as a euphemism for rape? Rape is NOT sex; rape is assault.

From the article:

Sokolow meant for “nonconsensual sex” to mean sexual assault. He also meant for it to help victims. Not only did he think more students would be punished, but he also believed more students would come forward. According to a landmark 1985 study, only 1 in 4 college women whose sexual assaults met the legal definition of rape called it rape.


You might benefit from watching "The Bro Code," if you're genuinely interested in advocating for survivors of rape and other forms of sexual assault.

chervilant

(8,267 posts)
58. You seem woefully misinformed about rape,
Sat Apr 19, 2014, 10:48 AM
Apr 2014

and woefully entrenched in your misinformation.

You might want to start with Susan Brownmiller's iconic treatise, Against Our Will.

At the very least, please stop conflating sex with rape.

Bernardo de La Paz

(49,001 posts)
59. Be smart & explain yourself. If it doesn't involve a sexual aspect, then it's battery, not rape.
Sat Apr 19, 2014, 11:11 AM
Apr 2014

I'm not "conflating sex with rape." Not all rape involves "sex", per se, for example an overtly sexual act of the order of penis in vagina, but there has to be a sexual aspect such as penetration with an object or an attempt.

If there is a threat of violence against a person, that is the crime of assault. If there is actual violence against a person, that is the crime of battery. Battery with a sexual aspect is rape.

But not all non-consensual sexual crimes involve rape. Many do not. For example making pornographic photos of a drugged person non-consensually is a non-consensual sex crime. I mentioned that and other examples in another post in this thread.

Language and communication being what they are, we often for brevity say "non-consensual sex" when we mean "non-consensual activity with a sexual aspect that rises to the level of crime" because the context is clear.

Now if you still feel that a person is "woefully misinformed and woefully entrenched", then please explain your thesis and how it differs rather than directing us to a book that in practical terms we are very unlikely to read, through no fault of the book or fault in our wish to be informed, though we certainly are aware of it from the time it came out onward.

I doubt I am "woefully misinformed" though of course that is conceivable, but in any case I would rather be proven wrong in whatever aspect and magnitude than remain "misinformed". So, your turn. You can inform us.

chervilant

(8,267 posts)
67. 'We,' Bernie?
Sat Apr 19, 2014, 04:17 PM
Apr 2014

Got a mouse in your pocket? Do you presume to speak for others on this forum?

You might consider that those of us who've responded to your comments have disagreed with your assertions, and/or suggested resources that could help you broaden your knowledge of rape and other forms of sexual assault.

I have been an advocate for survivors of relationship violence for more than thirty years. I can assure you that not a single rape survivor with whom I've had the privilege to do advocacy would characterize rape as a sexual act.

Have the courage -- and courtesy -- to admit you're wrong.

Bernardo de La Paz

(49,001 posts)
68. Rape is sexual assault (battery, actually) & it's primarily a power/violence thing.
Sat Apr 19, 2014, 04:37 PM
Apr 2014
Nobody who thinks about this confuses rape with a loving sexual act so don't even go there with your accusations. However, rape involves sexual organs and sexual functions including (but not necessarily) erection and ejaculation. To deny that there is a sexual aspect to sexual assault and rape is to deny the obvious.

"Have the courage -- and the courtesy -- to" address the points I made if you want to convince me or anybody of your thesis. For your convenience I will restate them here in essence:

1) Does rape typically involve sex organs such as penis, vagina, anus, breast? Yes or no? Surely the answer is yes. Note the word "typically". That does not mean exclusively. Note that even skin is a sexual organ when touched in a sexual way or with faux caresses.

2) Rape is a violent crime with physical touching of a person such that they fear for their safety of life or limb. Yes or no? Surely the answer is yes. I suppose there might be exceptions and I'd be interested to hear them but I'm sure they would not negate this point in the main.

3) If there is no sexual aspect or sexual organs or sexual touching (or conceivably psychosexual coercion / mind games) to an act of violence then it is battery, not rape. Correct? Yes or no?

We all get that the primary aspect of rape is the violence (physical and psychological). Nothing I've written denies that. So I still don't know where you disagree with me. Addressing the points listed might help clear it up.

And you can try to derail this with focusing on "we" and it may work but it won't convince.

chervilant

(8,267 posts)
70. Pedantic repetition does not make you right.
Sun Apr 20, 2014, 07:35 AM
Apr 2014

But, if that's what works for you:

You might consider that those of us who've responded to your comments have disagreed with your assertions, and/or suggested resources that could help you broaden your knowledge of rape and other forms of sexual assault.

Ohio Joe

(21,755 posts)
73. Making justifications for schools covering up for rapists is not asking for help
Sun Apr 20, 2014, 10:26 AM
Apr 2014

You continue to ignore what is going on and instead keep playing word games to justify what the schools are doing.

It's fucked up.

Ohio Joe

(21,755 posts)
75. Yes... All of it is
Sun Apr 20, 2014, 11:55 AM
Apr 2014

When there are schools actively working to protect rapists and lower their numbers by calling it something besides what it is... And you back up these actions and try to make it seem ok to do... You are justifying schools protecting rapists.

When you repeatedly ignore the fact that they are doing this to allow themselves to not expel rapists... You are justifying schools protecting rapists.

When you repeatedly ignore that only 10 to 25% of those found responsible are kicked off campus... You are justifying schools protecting rapists.

These are the things you are doing... You are justifying schools protecting rapists.

Ohio Joe

(21,755 posts)
77. No... No confusion... You said it was 'good' that they change the terms...
Sun Apr 20, 2014, 12:14 PM
Apr 2014

You ignored that they did it to cover up rapes and rapists and claim that is simply an 'opinion'... You have gone off into the various legal terms for rape, ignoring again that the schools are not trying to get 'legalese' right but rather to cover up rapes and rapists... Anyone can plainly see exactly what you are doing... We can read what you are writing.

Bernardo de La Paz

(49,001 posts)
79. The language is good. The coverup is bad, wrong, evil, and is independent of language.
Sun Apr 20, 2014, 12:34 PM
Apr 2014

The coverup is when they give rapists and sex criminals a slap on the wrist.

The coverup is when they don't turn them over to the police and the criminal justice system for prosecution.

Nothing about the broad term "non-consensual sex crime" prevents anyone from calling a rape a rape. Call rape rape and also include it in non-consensual sex crime which is what it is because rape is violent and it is sexual battery.

Convicting the language hides the real problem: university administrators who do not treat rape seriously. It is not the fault of the language. Don't get hung up on the language. Logically the broader term is more inclusive and there are occasions when the broader term is more useful and more correct. When it is specifically rape that is being discussed, then logically we call it rape. Duh.

The good side of the language is that when it is properly presented it broadens the students' awarenesses of the wider category of crimes and inappropriate behavior.

The downside of focusing exclusively on rape and the word "rape" is that the other crimes and inappropriate behavior is not discussed and not raised higher in the consciousness of students.

Ohio Joe

(21,755 posts)
80. No... You continue to ignore that the change is exactly to cover up rapes...
Sun Apr 20, 2014, 12:46 PM
Apr 2014

They no longer call rape, rape... And you continue to justify it being done.

It is so very fucked up that you continue to wiggle around trying to justify this... Very, very fucked up.

Bernardo de La Paz

(49,001 posts)
81. I DO NOT JUSTIFY NOT CALLING RAPE A RAPE. That is the administration's fault, not the language.
Sun Apr 20, 2014, 01:23 PM
Apr 2014

No amount of attempting to stuff words into my mouth can erase what I write. So stop it. It is a disgusting cheap debating tactic when the debater has nothing left.

And quit making it personal. Take your "fucked up" and stuff it.

Discuss the ideas, not the person.

Bernardo de La Paz

(49,001 posts)
86. You don't want enlighten or educate (as asked for). You just want to argue
Sun Apr 20, 2014, 04:05 PM
Apr 2014

You just want to argue by saying that I say the exact opposite of what I say. That's real nonsense.

Stop it.

Ohio Joe

(21,755 posts)
88. The article is clear and I am as well... That you ignore it, is your choice...
Sun Apr 20, 2014, 04:16 PM
Apr 2014

The same as it is your choice to continue defending the schools protecting rapists. It is all there for you to see, you choose to ignore it.

Ohio Joe

(21,755 posts)
90. Ask yourself two questions...
Sun Apr 20, 2014, 05:29 PM
Apr 2014

1 - Am I defending the change from rapist to non-consensual sex?

2 - Am I aware the schools are doing it for the singular purpose of protecting rapists?

If you are going to be in the least bit honest, you will answer yes to both... Even when you try not to do that, it will be obvious to everyone that the answer is indeed yes.

When the answer to both is yes... You are defending schools protecting rapists. That you just want to claim it is not so, while you are doing it is really weird. You can go ahead and deny it again, I'm done with you... Everyone has more then enough to see exactly what you are doing.

Bernardo de La Paz

(49,001 posts)
91. The first question is way too simplistic. It easier for you to attack if it is simplistic.
Sun Apr 20, 2014, 05:45 PM
Apr 2014

Read your own damn article.

Read the part you didn't include in your excerpt because it contradicts you.

Nonconsensual sex is sexual assault. Several schools make that clear. In Princeton University’s policy, for example, next to the category “non-consensual sexual penetration,” it states in parentheses that the act is “commonly referred to as rape.” And next to “non-consensual sexual contact,” the act is “commonly referred to as sexual assault.”


So your first question is way too simplistic.

The excerpt I quote makes it clear that the problem is some schools, not the language. You can't convict the language. English is as English does. Rape is a subset of non-consensual sex acts just like it is a subset of battery.

Rape is rape, capiche? Duh.

Rape is bad, capiche? Duh.

Excusing rape is bad, capiche? Duh.

Some non-consensual sex acts are less bad than rape, capiche? Duh.

Covering up rape is bad, capiche? Duh.

All non-consensual acts involving sex (and those not involving sex) should be dealt with and punished more or less severely; rape very severely, other less severe acts less severerly. Capiche?

You have no case against me when all I am saying is that the term non-consensual sex acts is a broader and more inclusive term than rape and therefore it has its usefulness in raising the consciousness of students who need to understand that. You'll find it in my posts.

Now if you have a beef with schools protecting rapists take it up with them. I am not protecting any rapists. Duh.

Now just stop arguing for the sake of arguing when all you have is a distortion of other people's positions. When all you have to see with is a rigid doctrinaire position that "OMG he didn't say the word rape so he must be evil", then of course you will find plenty to attack.

We are Democrats. We really do nuance.

ismnotwasm

(41,976 posts)
85. Not if I'm the one being raped or someone attempts to rape me
Sun Apr 20, 2014, 02:27 PM
Apr 2014

I don't consider it 'sex'. Why would rapists get to define sex?

To be perfectly clear if I get raped, I did NOT have 'sex'. To tell me I have is egregarious rape apology

Bernardo de La Paz

(49,001 posts)
87. Exactly. It is primarily violence, but there is a sexual aspect even if it is not sexy.
Sun Apr 20, 2014, 04:06 PM
Apr 2014

That is why all rape is battery but not all battery is rape. In other words, rape is a subset of battery.

 

YoungDemCA

(5,714 posts)
64. "rape" is in scare quotes?
Sat Apr 19, 2014, 11:33 AM
Apr 2014

The "classic" definition of rape is assault-as are the acts of violence you mentioned above.

Thinkingabout

(30,058 posts)
31. I was listening to the lawyer of tje Heisman trophy talking about false accusations,
Fri Apr 18, 2014, 12:22 PM
Apr 2014

I would venture to say there are many more false accusations against the victims of rape than against rapist. Like, she was asking for it, she was dressed wrong, she came on to him, she was in the wrong place, he says it was consensual. What about he came on to her, he was in the wrong place.

niyad

(113,284 posts)
37. but. . there is NO war on women.
Fri Apr 18, 2014, 12:32 PM
Apr 2014

"oh, goodness me, you cannot really expect us to expel this rapist--I mean, think of his future (especially if he is a football start)".

this gets more disgusting and sickening by the day.

hlthe2b

(102,236 posts)
40. Maybe some of these enabling universities need a BIG class action lawsuit.
Fri Apr 18, 2014, 12:46 PM
Apr 2014

I'd applaud the lawyer who took that on, even if they are only in it for the $$$.

Xithras

(16,191 posts)
47. Part of it is Clery Act fallout.
Fri Apr 18, 2014, 04:07 PM
Apr 2014

If it's rape, the college or university is required to issue warnings to students, and include it in crime summaries given to incoming freshmen.

If it's not rape, they don't.

Colleges have a vested interest in keeping their reported crime numbers down in order to maintain the image that their campus is "safe". No parent is going to want to send their kid to a university if the welcome packet says that there were 30 rapes the prior year. Couching it in a softer term not only removes some of their reporting requirements, but lessens its impact when it IS reported.

 

AverageJoe90

(10,745 posts)
48. Denial is a terrible thing, no matter if it's well intentioned or not.
Fri Apr 18, 2014, 04:15 PM
Apr 2014

Referring to this, btw:

But when it came down to it, schools just didn’t want to believe their own students actually rape.

“I trained hundreds and hundreds and hundreds of hearing boards, and listening to them get squeamish about it,” Sokolow said. “The hearing board would say, ‘We’re not willing to label this guy a rapist.’”

LadyHawkAZ

(6,199 posts)
50. Prosecution needs to be taken completely out of the hands of colleges
Fri Apr 18, 2014, 11:23 PM
Apr 2014

who have a profit motive to not prosecute, and put in the hands of the justice system where it belongs. The school should not have a say.

LadyHawkAZ

(6,199 posts)
53. Should, yes
Sat Apr 19, 2014, 12:36 AM
Apr 2014

I'd prefer not to bank on them going against their financial interests, and just take it out of their hands completely.

I'd also like to see it made a criminal offense for school officials to use their position of authority against victims, to pressure them into dropping a case.

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