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Comment by erikpukinskis | Hacker News Reader

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erikpukinskis

> And why didn't she punch the aggressor?

She was in shock.

> Saying "no" isn't enough to claim she resisted.

Why does it matter if she resisted? Is it not rape if you don't resist?

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It was totally an aggression. My point is that she hadn't learn to live in a world where aggressions happen (capitalism maintains most of humanity in poverty, how surprising is it that this world is tough?). She shouldn't have been in shock, she should totally have resisted physically (in this context, sometimes resisting is dangerous) and she should have felt nothing but anger afterwards. Instead we had the story of a little bird who went out of her parent's nest for the first time and got hurt. You can't afford to be fragile and passive if you were born in a battlefield. Children shouldn't just be protected from the violence, they should be trained to survive it. Maybe schools should teach martial arts instead of volleyball.

easy for you to say

Regardless of shock or not, it was her responsibility to pull away and not let it go any further. Maybe she was really drunk and it didn't hit her that this was happening. Yes unwanted sexual contact happened but to make her as a pure victim is passing judgement on Joe with even asking him his side or any of the witnesses. Yes bad things happened but it is not this clear cut and one-sided. Sorry to break it to you.

Why are you talking about rape? I thought rape required penetrative sex, this is a sexual assault isn't it?

> Is it not rape if you don't resist?

It's not rape if the other person has no way of telling that you want them to stop.

This would condone drugging your victim and is obviously and dangerously wrong.

Yes, obviously that is an important exception, which doesn't change the fact that the statement is generally correct.

It highlights the fact that you are being far too general about when rape is allowed.

Or the fact that you are being far too general about what is rape.

Guess which of us that makes more likely to be morally right about this issue. I'll save you the trouble; it's me. If you are wrong about what is not rape, you've raped somebody. It's not hard to get clear consent.

Ah, that's all that matters here, isn't it? that you are morally right and have no doubts about it. It's nice if one can make the world so simple.

Yes, actually, I don't have any doubts about it. I'm removing the capacity for doubt by being responsibly cautious. That's my responsibility. That's our responsibility. It's not even remotely fantasy to consider this.

I think you've forgotten that alcohol is such a drug that makes it harder to resist. It doesn't matter why the drug is in your system. So this situation goes back to the rape category.

No, it highlights the fact that what you have said is not correct, and a court of law would show you to be wrong.

So if someone starts fingering a random girl in public and she freezes in shock and fear, it's not sexual assault because she couldn't gather her wits in time to resist? Because that's what happened.

It's not rape if the other person has no way of telling that you want them to stop.

The fact that you committed this sentence to HN boggles my mind.

No, it's still rape.

I know we're all programmers here but stop trying to build rules and logic around this. We all (should) have the common sense to understand when something is rape and when something is not. There is no trigger, there is no conditional, there is no callback, it just is and people who fail to understand this make me sick.

A number of people's lives have been forever changed by the recently surfaced actions and instead of focusing on the "what ifs" and the hypothetical situations we focus on fixing the underlying problems within our community.

There is an extremely simple logical construct surrounding this: consent is not the default state of the other party.

What is not easy to understand is how people don't understand this. :\

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