tag:blogger.com,1999:blog-8310450667755637519.post5515181244743534847..comments2023-10-14T09:40:06.690-05:00Comments on Jean Kazez: Harvard's Sexual Misconduct PolicyJean Kazezhttp://www.blogger.com/profile/00592593002719828153noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-8310450667755637519.post-3986159749759129672014-11-12T14:48:16.500-06:002014-11-12T14:48:16.500-06:00It doesn't seem that hard to come up with a hy...It doesn't seem that hard to come up with a hypothetical case where two people rape each other <b>and</b> each deserves prosecution. Suppose there is a pill that causes a person to immediately engage in sexual acts with the nearest person in the room. Then A slips such a pill into B's drink without B's knowledge and B slips such a pill into A's drink with A's knowledge. Lo Alexander R Prusshttps://www.blogger.com/profile/05989277655934827117noreply@blogger.comtag:blogger.com,1999:blog-8310450667755637519.post-47576763950928424492014-10-22T16:52:29.093-05:002014-10-22T16:52:29.093-05:00In Chile two or more people who have a fight can b...In Chile two or more people who have a fight can be prosecuted for "riña", which translates as "brawling". <br /><br />A fight is a bit different than rape because we suppose that sex is normally a good thing that happens between two people giving each other pleasure, while fighting normally isn't seen as good. <br /><br />In any case, life was simpler back in s. wallersteinhttps://www.blogger.com/profile/17448905469871566228noreply@blogger.comtag:blogger.com,1999:blog-8310450667755637519.post-44557530226579337762014-10-22T16:37:59.725-05:002014-10-22T16:37:59.725-05:00I think what Alan is pointing out is that rape due...I think what Alan is pointing out is that rape due to non-consent will occur when a person is mentally incompetent to consent, and both parties might be incompetent to consent. Technically, they would have raped each other, but it's another story whether anyone would prosecute. Presumably not. I take it that in a case where two people have been drinking and nothing at all makes the Jean Kazeznoreply@blogger.comtag:blogger.com,1999:blog-8310450667755637519.post-54239577706034741322014-10-22T14:42:21.260-05:002014-10-22T14:42:21.260-05:00Maybe I'm missing something, but it's har...Maybe I'm missing something, but it's hard to see how two people can rape each other.<br /><br />If I want to have sex with another person enough to rape them, then I seem to somehow consent to having sex with them, and if I consent to sex with someone, I can't be raped. <br /><br />That is, a rapist consents to having sex with their victim and if the rapist then becomes s. wallersteinhttps://www.blogger.com/profile/17448905469871566228noreply@blogger.comtag:blogger.com,1999:blog-8310450667755637519.post-43574455285419084702014-10-21T10:56:29.196-05:002014-10-21T10:56:29.196-05:00Alan, I was thinking it was self-evident that two...Alan, I was thinking it was self-evident that two people couldn't be guilty of raping each other, but maybe you are right. What you say makes a lot of sense.Jean Kazezhttps://www.blogger.com/profile/06297159994901018071noreply@blogger.comtag:blogger.com,1999:blog-8310450667755637519.post-83887548624297040072014-10-20T20:44:12.431-05:002014-10-20T20:44:12.431-05:00"if two people wind up in bed in a drunken wa..."if two people wind up in bed in a drunken way with no explicit discussion of who wants what, each could be held accountable for assaulting the other because of the absence of consent, but that's out of the question surely"<br />Why?<br /><br />Even welcomed sex with someone incapable of informed consent is often considered rape. The only defence might be being unable to comprehend Alan Cooperhttp://qpr.ca/blognoreply@blogger.comtag:blogger.com,1999:blog-8310450667755637519.post-7794346578340834562014-10-18T15:00:36.061-05:002014-10-18T15:00:36.061-05:00Aha! Things gradually becoming more clear. Provo...Aha! Things gradually becoming more clear. Provocative title, would like to have a look at that. I'm often surprised by what goes down in the name of feminism, especially considering I am a dyed in the wool feminist.Jean Kazezhttps://www.blogger.com/profile/06297159994901018071noreply@blogger.comtag:blogger.com,1999:blog-8310450667755637519.post-48959276700847165292014-10-18T10:42:52.659-05:002014-10-18T10:42:52.659-05:00Yes, I'd like to see the policy too. I have th...Yes, I'd like to see the policy too. I have the feeling it was not well described in the passage I quoted. I agree with your point about that case, so if that's their point as well, objection withdrawn!Jean Kazezhttps://www.blogger.com/profile/06297159994901018071noreply@blogger.comtag:blogger.com,1999:blog-8310450667755637519.post-38918329565285558072014-10-18T10:40:13.091-05:002014-10-18T10:40:13.091-05:00I do agree with your general point - inebriation i...I do agree with your general point - inebriation is not a defense in all kinds of situations. If I run over someone while drunk driving, the fact that they were drunk is irrelevant. <br /><br />I very much want to read the ACTUAL policy. Without that we are speculating on what these professors are reacting to. It does not appear to be available. <br /><br />If I am being charitable I imagine theyFaustnoreply@blogger.comtag:blogger.com,1999:blog-8310450667755637519.post-21914056336237675022014-10-17T23:03:57.360-05:002014-10-17T23:03:57.360-05:00Who is the aggressor comes into it because I would...Who is the aggressor comes into it because I would think if two people wind up in bed in a drunken way with no explicit discussion of who wants what, each could be held accountable for assaulting the other because of the absence of consent, but that's out of the question surely. We can't define assault in such a way that both parties could be guilty! To eliminate that possibility Jeannoreply@blogger.comtag:blogger.com,1999:blog-8310450667755637519.post-88790964341022212302014-10-17T20:51:39.513-05:002014-10-17T20:51:39.513-05:00"More culpable" means (probably) "m..."More culpable" means (probably) "more responsible."<br /><br />I take Jean to be asking something like "why wouldn't they be more responsible if they were the perpetrators of the act? Alcohol does not relieve you of responsibility with regard to the performance of bad actions." <br /><br />But then the question moves the how the thresholds for judging those Faustnoreply@blogger.comtag:blogger.com,1999:blog-8310450667755637519.post-29408247559531913372014-10-17T19:29:24.670-05:002014-10-17T19:29:24.670-05:00I don't quite understand the phrase "more...I don't quite understand the phrase "more culpable".<br /><br />"More" than what or than who?<br /><br />Does it mean that a drunken aggressor is more culpable than a non-drunken one, as a drunken driver might be considered more culpable than a non-drunken one in case of an accident?<br /><br />That might make sense or maybe not. I'm not sure.<br /><br />However,s. wallersteinhttps://www.blogger.com/profile/17448905469871566228noreply@blogger.com