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The Forum > Article Comments > Sex, rape and exploitation: who determines the difference? > Comments

Sex, rape and exploitation: who determines the difference? : Comments

By Jocelynne Scutt, published 18/5/2011

When it comes to sexual relations the law is stuck in the past.

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I agree with you about Assange CHERFUL. That is another situation that will be difficult to prove given I doubt anyone was watching the sexual act. One person's word over another and some people are already scoffing at the idea that anyone might be concerned about STDs or AIDS. So much for education on safe sex, it is all very well to educate but not much good if it is not adopted in reality.

"It seems that some people prefer to get more upset about a couple of innocents being found guilty than to care about the thousands of guilty ones who walk free."

The impression is that many men think most rape charges are bogus or that the woman was some way responsible. That is the travesty and why so many women I have spoken to won't report crimes. And this is the 21st Century.

I am not sure I agree about slanting the law the other way too much either. What is that saying about "better four guilty men go free than one innocent man be imprisoned".

Would society or the judicial system be better for a few innocent men being imprisoned to ensure the guilty paid for their crimes? I don't want that either. There seems to be no perfect solution.

Either way, what we have now or being overzealous with jail terms, does not improve the system.

I really don't know the answer as far as the Courts go, but I think we can work on the cultural mindset of victim-blaming. Maybe the home is as good a place to start and how we raise our children
Posted by pelican, Thursday, 19 May 2011 9:40:32 AM
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*It seems to me that this would fit with Julian Assange’s arrogance and disdain for authority*

Cherful, I personally don't have much time for Assange, but that
has nothing to do with the case.

Fact is that Assange is being investigated under Swedish rape laws
and removing a condom is not rape.

Fact is that both these women did not say boo, until they compared
notes and realised that he has slept with both of them. One of them
seemingly even bragged about the event on Twitter, IIRC.

Fact is that one of these women had published an artice on the
internet some months prior to the event, about how to get retribution
against a partner who has pissed you off. I did not read it, but
I gather it was all about vindictiveness.
Posted by Yabby, Thursday, 19 May 2011 3:11:06 PM
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YABBY, Thank you for your reply. You say that Assange is being prosecuted under Swedish rape laws and rape without a condom is not rape.

It does seem like rape in some respects, because if you only agreed to have sex with him wearing a condom, then you said no to having sex with him without a condom. Does a woman have the right to protect her own body from sex without a condom or not?

Also having sex without a condom can be a death sentence with the wrong person and who knows which person that might be.I would be surprised if he gets more than just a rap over the knuckles for it (meaning a light sentence) if anything.

I do agree with you that it is a difficult decision for a court to have to make. It does seem less serious than premeditated rape in terms of violation
Posted by CHERFUL, Thursday, 19 May 2011 11:24:23 PM
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PELICAN You are right we do need to work on the cultural mind-set of victim blaming and the home and how we raise our children would be a good place to start.

It will be difficult to change that cultural mind set because it is based on fear not reason. Men fear being in the position of being innocently accused and women fear being raped, so they think if the victim was responsible for her own rape in some way, then it can't happen to innocent women like them.
It makes them feel less vulnerable to think that way.
Posted by CHERFUL, Thursday, 19 May 2011 11:45:27 PM
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Anyone notice the oxymoron.

A human rights lawyer, who wants more men to be found guilty and gaoled.
Posted by JamesH, Friday, 20 May 2011 10:05:02 AM
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"It will be difficult to change that cultural mind set because it is based on fear not reason. Men fear being in the position of being innocently accused and women fear being raped, so they think if the victim was responsible for her own rape in some way, then it can't happen to innocent women like them. It makes them feel less vulnerable to think that way."

That is a very sensible and insightful analysis CHERFUL. It is easy to understand why men might feel vulnerable in this way. Not an easy issue to deal with from any perspective.
Posted by pelican, Friday, 20 May 2011 10:42:35 AM
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