Tag Archives: Rape

When You Go to the Woman—Don’t Forget to Turn on Your Tape!

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This week something extraordinary happened in Israel. A thirty-something old man was acquitted of having committed rape—would you believe it? As if to make the story more unbelievable still, the alleged victim was 1. Eighty-two years old; and 2.  A Holocaust survivor. Which, in this country and many others, automatically gets her a halloo and turns each word she says into gospel truth.

To make things still worse for the accused, he was an Arab—and thus supposedly more likely than others to suffer from sexual deprivation and commit rape. So how did he and his lawyer get him off the hook? Very simple. It turns out that the couple had been in touch for some time, using the telephone to arrange trysts—more than one—and have sex. She even promised to pay him for visiting her. The tapes were produced in court, and that was that.

As a famous seventeenth-century English lawyer, Matthew Hale, once said, of all crimes rape is the easiest to accuse a man of and the hardest to refute. With this in mind, I decided to repeat my warning by reproducing the list of idiots I first put on this website on 6 July 2018. Who knows: by so doing, I might even be saving a man’s life or two.

Who is in danger?

Any man who Approaches women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Assists women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Associates with women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

.Any man who Befriends women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Believes in women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Buys women a drink, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Coaches women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Dances with women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Directs women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Employs women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Flirts with women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Gives women a lift, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Greets women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Instructs women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Is alone with women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Jokes with women, for he will be accused of “sexual harassment” and worse; it is only a question of time.
Any man who Looks at women, for whatever reason, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Offends women, in whatever way, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Plays with women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Praises women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Shakes hands with women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Shows affection for women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Sleeps with women (apart from prostitutes, the only honest ones around), for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Studies women, for whatever purpose, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Talks to women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Teaches women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Touches a woman, even accidentally, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Treats women, whether for physical or psychiatric problems, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Trusts women, for he will be accused of “sexual harassment” and worse; it is only a question of time.

Any man who Works alongside women, for he will be accused of “sexual harassment” and worse; it is only a question of time

*

Finally: When you visit the woman—das Weib is what the original German says—don’t forget to turn on your tape!

Is That Clear?

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Starting at least as far back as ancient Greece, most thinking people have always been aware that everything around them is subject to change. Starting at least as far back as ancient Greece, most thinking people have always been aware that there are some things that never change but always remain essentially the same (for confirmation, re-read the book of Ecclesiastics). In today’s post I want to focus on the second kind in so far as they pertain to the nature of, and relationship between, men and women.

*

Men on the average are considerably stronger and more robust than women.

Ergo

Without men to defend them against other men, women are essentially defenseless.

*

Ergo

For this and other reasons, men can sleep with women without their consent; the opposite is almost impossible.

Women can have babies; men cannot. On the other hand, men can have far more offspring than women can.

Ergo

Both biologically and socially, women’s lives are more precious than those of men

Lacking physical strength and burdened with young offspring, women are more vulnerable than men.

Ergo

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Starting with war and fighting, in any society it is men who engage in the vast majority of dirty, difficult and dangerous kinds of work.

*

In any known society the vast majority of public posts are occupied by men; the higher the position, the more true this is.

*

Child bearing apart, in any known society both man and women believe that whatever men do is the most important of all. That is why, in any known society women, driven by penis envy, do their best to imitate men in everything; whereas the opposite is rare.

*

Based on these simple premises, any number of different societies can be and have been “constructed” (a term so dear to feminists of all sorts). Some are very small, numbering no more than a few hundred members at most, whereas others are very large. Some live in tiny villages, others in megacities. Some make their living by hunting-gathering, others by engaging in gigantic systems of industry and administration. Some are characterized by approximate equality between their members, others by sharp socio-economic and cultural differences between individual and classes. Some allow a great measure of social mobility, others do not.

Some are so decentralized as to be almost without a government worthy of the name, others highly centralized. Some are monogamous, others (the majority) polygamous, others still (a small minority) polyandrous. Some follow the principle of primogeniture, whereas others do not. Some are strongly influenced by religious beliefs of every kind, others only to a much smaller extent. Some keep men and women more or less segregated, whereas others allow the sexes to mix more or less freely. In all without exception, ultimately it is politics which (to quote Lenin) govern who gets what.

All merge with each other, grow into each other, and, quite often, separate from each other. However much they do so, though, none can escape the fundamental truths as listed above. Not for long, at any rate. And not without triggering processes that, unless they are reversed, may very well end in the collapse of the societies in question.

Is that clear?

Dialogue No. VII. How about Sex?

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Based on twenty years of thought, research and writing, this book provides answers to questions such as:

– In what ways are women privileged?

– What are the main similarities between men and women? What are the main differences?

– Who and what was Mary Wollstonecraft?

– Who understands women better—women or men?

– Why do so many men, including married men, visit prostitutes?

– What is the Kama Sutra all about?

– When will equality between men and women become real?
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– Is the future female?

– Is feminism destroying Western civilization?

– What is love?

– What will a possible reaction to feminism look like?

Based on twenty years’ study of these and similar questions, this book provides answers to them. Such as are succinct, always well thought-out, often provocative, and, from time to time, funny as well.

“Martin van Creveld has developed a bit of an international cult following with his stringent attack on what he calls ‘The Privileged Sex’. The ‘privileged sex’, he says, is female.”

Kenny, Belfast Telegraph.

Hooked? Get it today!

Two Endings

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Joseph and Potiphar’s Wife

  1. A Good Ending

All Israeli Suspects in Gang Rape in Cyprus To Be Released, Lawyer Says.”

Media reports say Cypriot police detain for questioning British tourist who says she was attacked Seven Israelis held in Cyprus on suspicion of gang raping a British tourist in Cyprus earlier this month are to be released Sunday, an attorney for some of the suspects said, as police reportedly turned their attention to their accuser.

The attorney, Nir Yaslovitzh, announced in a statement Sunday morning that the suspects, all teenagers, would be released.

“As I claimed throughout, there was no rape in Cyprus,” he said. “The youths who went on a vacation that became a nightmare will return to their homes today. All of them will return home to their families. Cypriot police carried out a professional and thorough investigation.”

Citing sources with knowledge of the investigation, Hebrew media reported that police were turning their attention to the British tourist who had filed the rape allegation after she changed her version of events. She was said to have been questioned under caution, and according to some reports was put under arrest.

Cypriot media said that she is suspected of filing a false rape complaint against the Israelis because they filmed her during the sex acts without having received her permission to do so.

Attorney Yaniv Havari, who represents a number of the suspects still being held, told the Kan public broadcaster that his clients were able to provide convincing evidence that they did not commit the crime.

“She lied, she said 12 of them raped, that is what she claimed,” Havari said. “For nearly two weeks that is what she has claimed and after all 12 of the detainees gave their version, it seems her version doesn’t stand up.”

The dramatic development came after last week five of the Israeli suspects in the case were released and returned to Israel, though Cypriot police seemed poised at the time to file rape charges against at least three of those still being held.

In addition to those three detained suspects, whose DNA had been found at the scene, police believe three more individuals currently not under arrest may have been involved in the alleged brutal sex crime — with analysis of DNA collected from the alleged victim’s body showing three unrecognized samples.

Twelve Israelis in all were arrested in the resort town of Ayia Napa last week on suspicion that they took part in the alleged gang rape. Some have reportedly admitted to having consensual sex with the woman, while others were thought to have possibly been present in the room at the time.
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  1. A Bad Ending

Jacky Chen*

“Brian Banks was a standout high school football player at Polytechnic High School in California. An extremely talented linebacker, Banks had offers from various prestigious colleges for football and had verbally committed to USC. He was a surefire future NFL player at the time.

All of that was thrown away in his junior year when he pleaded guilty to dragging classmate Wanetta Gibson into a stairwell and raping her at his high school. At 17 years old, Banks accepted a plea deal He served 5 years of prison, 5 years of probation, and registered as a sex offender. His football career was effectively ended. The victim was awarded $1.5 million in a lawsuit against Polytechnic High School, in which she claimed that the school was unsafe.

HOWEVER:

The charges were all made up. In 2011, Gibson met up with Banks and admitted, in the presence of an attorney, that she had made up the charges. Banks was eventually exonerated. Gibson was ordered to pay a hefty sum of money to Polytechnic High Schoool, but she went into hiding soon afterward.

So what’s the problem here you ask?

False rape accusations have many repercussions and usually, those making the accusations are never punished. These accusations target many people whether they be celebrities, athletes, politicians, or common people like you and me. Criminal action is almost never taken against the accusers while the real victim’s lives and reputations are usually ruined. It doesn’t help that many rape cases are not treated with the customary “innocent until proven guilty” mind frame as with other cases. Yet the perpetrator always gets off with a slap on the wrist. This also creates a huge problem for real rape victims, who often see their real accusations discredited and/or questioned.

It’s time to start punishing people who make false accusations regarding rape and sexual assault. Criminally prosecuting false rape accusations are not only right but simply obvious in order to serve justice to those who attempt to undermine it.”

 

* I took this post from Quora and checked it on Wikipedia. Unfortunately my attempts to contact the author have led nowhere. So let me explain that my blog is not commercial. Also, of course, that I shall immediately take off the post if so desired.

Back to the Burqa?

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As I noted last week, we keep reading and hearing of rape. Almost always it is men who do it to women, rarely the opposite. There are three reasons for this, all of them important. First, as the French sage Denis Diderot (1713-84) once wrote and the absence of male brothels indicates, perhaps the most important difference between men and women is the formers’ greater ability to enjoy the embraces of strangers. Second, there is the overall difference in physical strength. In lower body it is as five to three; in upper body, as two to one. Third, there is the obvious anatomical difference between the genitalia of people of both sexes. For a woman to rape a man is almost impossible; even if she can overcome him in a hand to hand struggle, or else by threatening him weapon in hand, when the critical moment arrives his apparatus may very well not function.

The three factors are linked. Women’s physiology puts them at risk of becoming pregnant and also makes them more vulnerable to STD. As a result, throughout history they have had more to lose from casual intercourse than men did. True, the introduction of modern contraceptives has gone a considerable way to alleviate these problems. But this does not change the fact that women, having weaker bodies overall, still have more to fear in one-on-one encounters where most sex takes place.

The difference in strength means that, other things equal and except under rather unusual circumstances, the only ones who can save women from being raped by men are other men. Occasional suggestions, put forward by feminists and others, that women should take self-defense classes or carry some kind of weapons from pepper spray upwards tend to be not only useless but counterproductive. Men, after all, can learn judo and the use weapons at least as well as women can. That is why chances are that, if women take up these suggestions, they will only add physical injury to the unpleasantness, humiliation, and psychological trauma that being raped entails.

Rebus sic stantibus—and I do not see that they are going to change any time soon—the only remaining question is: Which men should do the protecting, and what forms should the latter assume? Note that, during the first ninety-something percent of their existence on earth and in many places until very recently, humans have lived in tribes. One outstanding characteristic of tribal life is the absence of a strong, centrally-run, police force able and willing to deal with crimes of every kind. All the more so, of course, in case the tribe in question is nomadic as most were for a long, long time. Rather, should any kind of crime be committed, it is the victim and his or her relatives who are expected to deal with it by demanding revenge and inflicting retaliation.

Focusing on rape, an excellent example of the way these things worked is provided by the book of Genesis (34.1-31). “And Dinah, the daughter of Leah, which she bare unto Jacob, went out to see the daughters of the land. And when Schechem, the son of Hamor the Hivite, prince of the country, saw her, he took her, and lay with her, and defiled her… And it came to pass… that two of the sons of Jacob, Simeon and Levi, Dinah’s brethren, took each men his sword and came upon the city boldly and slew all the males,” Schechem and Hamor included. Taken to task by Jacob their father, who feared the possible consequences, the two retorted: “Should he deal with our sister as with a harlot?”

With the shift to more settled societies, things gradually changed. The more hierarchical, strongly governed and policed a community, the greater the pressure on women’s male relatives not to resort to self-justice but leave the task of apprehending, judging and punishing the perpetrator to the authorities. However, progress in this direction tended to be slow. As late as the nineteenth century European women, for fear of being harassed and attacked, were strongly advised not to travel on their own. By one story, those of them who did so by rail were told to put needles in their mouths to prevent strangers from kissing them while the train was passing through dark tunnels. The higher women’s own social rank and that of their relatives, the more true this was. In less developed countries women who travelled often disguised themselves as men, as the British explorer Gertrude Bell did.

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The protection women demand, however, will come at a price. To obtain it a woman must, as far as possible, be sequestered and kept within the home. Even if that means she cannot work or go to school. If she goes out nevertheless she must not only be chaperoned but dressed in such a way as to conceal her, as far as possible, from prying male eyes. Her freedom to communicate with the opposite sex must also be limited—because, unless it is, her male relatives, trying to save her from being raped, are going to get a knife between their ribs or a bullet into their backs. These facts go a long way to explain, and to some extent justify, the way Islamic societies, many of which remain tribal in spite of the recent move towards urbanization, treat their womenfolk. Including, among other things, the recently lifted Saudi ban on driving.

And the future? Starting in the late eighteenth century when the first modern police forces were set up in countries such as France, there has been a strong trend to abolish the right to self-defense. To the point that, if one catches a burglar and injures him during the subsequent struggle, one may well end up by being prosecuted.

There is, however, no guarantee that the trend will continue. Take Europe. Owing to a combination of modernity and a dense population, it has long been perhaps the most strongly-policed continent of all. Now, however, the presence of large numbers of immigrants has created enclaves where the police is afraid to go. The enclaves are inhabited by populations whose ideas concerning what is and is not allowable, is and is not desirable, in relations between men and women differ sharply from those of the native majority.

Even in Germany, the country which a century ago gave rise to the so-called FKP (Freie Korper Kultur, aka nudism), that movement is now on the retreat. As I myself, having visited the lakes of Potsdam every year over the last eighteen years, can testify. There was a time when many people went swimming naked; now it is mostly old people who do. And they seem to be dying out. Meanwhile more and more parents are warning their daughters to avoid going out at night, visit dark and lonely places, and the like. With good reason, let me add. Separate swimming classes, separate taxis, and separate hotel floors are gaining in popularity. Social change is driving fear of rape, and fear of rape is driving social change.

How far these changes will go, and where they will lead, no one knows. Back to the burqa, perhaps? If so, don’t be surprised.

Cowards

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As my readers know, I do not normally use this blog to quote other people at any length. If I do so this time, that is because I am shocked. Right from the beginning of human history—possibly even before human history, properly speaking, got under way—one of men’s most important tasks has always been to protect their mothers, sisters, wives, daughters, and women in general from being raped by other men. Even at the cost of their lives, if necessary.

No longer. So weak, so utterly despicable, have European men in particular become, that they have abrogated this responsibility, perhaps the most basic any human community owes the fifty percent of its members who are female and on whom its future depends. More basic than equality, more basic than any other number of nice things I could think about. I quote from a recent book on this and related topics.*

“Throughout the 2000s, the question of sex attacks on local women by gangs of immigrants had been an open secret [in Britain]. It was something nobody wanted to speak or hear about. There was something so base, and so rank somehow, in even mentioning it. Even to imply that dark-skinned men had a penchant for abusing white women seemed to so clearly originate from some odious, racist text that it appeared impossible, firstly even to even imagine that it might be happening, and secondly that it should be discussed. British officials were so terrified about even mentioning such crimes that every single arm of the state failed to respond over the course of years. When the same phenomena occurred on the continent precisely the same problems were encountered.

Even to mention the fact in 2015 that most of the recent arrivals into Europe seemed to be young [and single, MvC] men was to court opprobrium. To question whether all these individuals might have brought modern views about women with them was unmentionable (precisely, as in Britain, because it seemed to speak to some base, racist smear). The fear of falling into a racial cliché or suffering accusations of racism prevented authorities and the European public from admitting to a problem that had spread across the continent. And the more refugees a country took in, the greater that problem became.

Even in 2014 in Germany the number of sexual assaults against women and boys was growing. These included the rape of a 20-year old German woman in Munich by a 30-year old Somali asylum seeker, the rape of a 55-year old woman in Dresden by a 30-year old Moroccan, the attempted rape of a 21-year old German woman in Munich by a 25-year old Senegalese asylum seeker, the rape of a 17-year old girl in Straubing by a 21-year old Iraqi asylum seekers, the rape of a 21-year old German woman near Stuttgart by two Afghan asylum seekers, and the rape of a 25-year old German woman in Stralsund by a 28-year old Eritrean asylum seeker. While these and many other cases made it to court, many others did not.

Alongside the growth in cases of rapes of Germans came the increase in the number of rapes and sexual assaults in refugee shelters. During 2015 the German government was so short of to house the migrants that it was initially unable to provide segregated shelters for women. A [The outcome was rapes] across Bavaria. And as in Britain a decade before, the authorities were so worried about the implications of the fact that in a number of cases they were found to have deliberately covered them up. In Demold, where an asylum seeker raped a 13-year old Muslim girl, the local police remained silent about the assault. An investigation by Westfalen-Blatt claimed that local police were routinely covering up sex assaults involving migrants in case it gave ammunition to criticisms of the government’s open door policies. Nevertheless, rapes of children were reported in numerous cases, including at a facility in Bremen.

As the number of cases increased throughout 2015, the German authorities eventually could not hold back the growing number of reports of rapes against German women by recent refugees. These included the rape of a 16-year old girl in Mering, an 18-year old girl in Hamm, a 14-year old boy in Heilbronn and a 20-year old woman in Karlsruhe. In a number of cases.—including the case in Karlsruhe—the police remained silent about the story until a local paper broke it. Countless other assaults and rapes were reported in Dresden, Reinbach, Bad Kreuznach, Ansbach, Hanau, Dortmund, Kassel, Hanover, Siegen, Rinteln, Moenchengladbach, Chemnitz, Stuttgart, and other cities across the country
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Eventually, this unmentionable subject became so bad that in September 2015 officials in Bavaria began to warn local parents to ensure their daughters did not wear any revealing clothing in public. ‘Revealing tops or blouses, short shorts or miniskirts could lead to misunderstandings,’ one letter to locals warned. In some Bavarian towns, including Mering, police warned parents not to allow their children to go outside alone. Local women were advised not to walk to the railway station unaccompanied. On a daily basis from 2015 onwards there were reports of rapes on German streets, in communal buildings, public swimming baths, and many other locations. Similar events were reported in Austria, Sweden and elsewhere. But everywhere the subject of rape remained underground, covered up by the authorities and deemed by most of the European media not to be a respectable news story…

Throughout 2016 the spate of rape and sexual assaults spread to every single one of Germany’s sixteen federal states. There were attacks literally every day, with most of the perpetrators never found. According to the [Social Democratic, MvC] Minister of Justice, Heiko Maas, just a tenth of rapes in Germany are reported and of those that reach trial only 8 percent result in a conviction. Moreover, several additional problems emerged from these cases, not least that there appeared to be a concerted official effort to suppress data about crimes where the suspects might be migrants… Just as in Britain a decade earlier, it transpired that German ‘anti-racism’ groups had been involved. In this case they had pressured the German police to remove racial identifiers from al suspect appeals for risk of ‘stigmatizing’ whole groups of people.”

The outcome? In Bavaria alone the number of rapes, many of them committed by refugees, during the first half of 2017 increased 48 percent over the corresponding period in the previous year. The equivalent figure for Britain is 19 percent. In London’s borough Tower Hamlets, said to have “one of the smallest White British populations of any local authority in Britain,” one poor girl was said to have been sexually assaulted three times in a single hour.

Cowards, cowards, cowards.

 

*D. Murray, The Strange Death of Europe, Kindle ed., 2016, locs. 3464-525

Guest Article: Negligent Rape

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by

Jonathan Lewy

www.jonathanlewy.com

Criminal law rests on the basis of three pillars:

  • Nulla poena sine lege—no penalty without a law—is the short hand version of an aphorism ascribed to Anselm von Feuerbach, the author of the early 19th century Bavarian Penal Code. His aphorism remains the mainstay of criminal law to this very day. Retroactive punishment is an anathema. It is almost inconceivable to imagine a person indicted and sentenced for a crime that was not written in a law book somewhere, sometime before the crime was committed. Common law crimes are but extinct. Even in England, it is well accepted that the law must be known; it must be written; and it must set standards for proper behavior before the act, rather than ex post facto.
  • Conviction of a crime requires proof of a criminal act and a guilty mind, or mens rea as it is known in Latin. The standard of conviction in a criminal court are supposedly strict: the guilty mind must reveal intent, recklessness or apathy. Save for the most serious actions, such as killing another person, lack of thought or negligence are insufficient for a conviction.
  • A person’s guilt must be proven beyond a reasonable doubt. Punishment is serious business, so much so that Jurists often claim that “it is better that ten guilty persons escape than that one innocent suffer.” To ensure this ideal, a person is presumed innocent until proven guilty and the burden of proof rests on the shoulders of the prosecution.

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All three pillars crumble when it comes to rape, particularly date rapes. The law normally defines rape as “sexual relations with a person against that person’s will.” Some laws are more detailed, others less so. Some mention penises, vaginas and anuses, and others do not. In some jurisdictions, only women can be raped, in others men can be victims as well. Be that as it may, the fulcrum of all rape laws is consent, or the lack thereof.

In a court of law, the question how consent is proven must be answered. If the rape is violent, forensic evidence and common sense usually prevail. Resistance, bruises, and other marks can be used as proof for lack of consent. This simple picture is blurred when it comes to date rapes, when no physical evidence is available and all that remains are the testimonies of the defendant and his accuser. Perhaps supporting evidence and witnesses who were not privy to the act are also available, but rarely are they sufficient to prove lack of consent.

Suppose a man has sex with a woman without using force. She changes her mind after the fact. She might claim that the reasons leading to intercourse were not true expressions of her free will: the man was her boss, teacher or therapist and she felt compelled to do the deed; the man claimed he was a successful businessman when in fact he is a penniless pauper; she felt threatened even though no threat was expressed; or her mind was simply blank (normally due to being drunk). In other words, circumstances led to her loss of willing consent and the court must disregard it. She is asking the court to treat her as a child with limited responsibility, whose consent is meaningless. In point of fact, she is asking for retroactive justice: an assessment of her consent after the fact. If judges remained true to the law and its spirit, they would deny the request.

What is willing consent? Very few human actions are truly free. Circumstances always set limits to freedom; yet, when it comes to rape, courts set a high standard. A woman’s consent is not taken seriously if it falls under ‘understandable’ circumstances. These circumstances are not only objective conditions such as physical duress, treachery or extortion, but also include subjective feelings such as trauma and other mental states, or even her own actions. Experts flood the courts claiming that victims are often unaware that they had been raped. They claim that the trauma is so severe to the point that women are unsure about what had transpired, but the trauma itself could be used as evidence that rape had taken place. Once again, these experts violate the first pillar of criminal law, since what should matter in court is what happened at the scene of the crime, not the understanding of the events after the fact.

psa14n-1-webVictims are privileged. They are not held accountable for being drunk. On the contrary: the courts decided that the fact she drank alcohol means she could not give her consent, even though she had entered this state of mind willingly. Experts and activists tell us that it is never the victim’s fault. Yet, if the case were different, and a drunken person killed another, the prosecution would successfully claim that the killer entered the state of mind willingly, and that he should have taken into account that while under the influence his actions could be disastrous. Proving criminal intent would be immaterial in such a case. Defendants, therefore, are disadvantaged. They are held accountable in circumstances that victims are not. This fact is ignored because the victim should not be held to the same standard as the defendant. This is certainly true in most cases. However, in the current legal standard for rape, the actions of the accuser determine the mental state of the accused. By willingly detaching herself from her surroundings, she determines the mental state of the accused. How could he know that she is too drunk to consent? It stands to reason therefore that she should be held to the same standards as the accused.

Suppose another scenario: a man has sex with a woman, and she remains silent. She may or may not want it, but she had not given any indication either way. For all intents and purposes, the man has no guilty mind. He had no intention to rape the woman; he simply wanted to have sex and assumed the desire was mutual. He is neither reckless nor is he apathetic. Yet, courts have decided in the past that he should have actively sought her consent. In other words, the man had an ‘objective duty of care’ to ask before penetration. The fact that he did not explore the possibility she may not want sex makes him accountable. Jurists dub this low standard of mental state, or rather the lack of guilty mind, as negligence.

As noted above, save for extreme cases, negligence is insufficient for conviction in a criminal court. Rape is not governed by a negligence rule, though judges have accepted de facto negligence standards for rape convictions. Thus, rape shatters the second pillar of criminal law. No longer does a man have to be of guilty mind to be convicted of rape. In the past, one could have defined legal sexual intercourse as rape without a guilty mind. Nowadays, the courts have made it clear that even if there is no guilty mind, a conviction in a rape case is still possible if the woman has not consented. Considering that only the victim’s mind and thoughts determine her consent (rather than her actions), the thoughts and the guilty mind of the defendant are mostly irrelevant in today’s courts. In essence: the victim determines the guilty mind of the accused, even if she was willfully unaware of her surroundings and as a result was unable to give her consent willingly.

Finally, most date rapes boil down to ‘he said she said’ stories. Why should the court believe the accuser rather than the defendant? After all, the accused is innocent until proven guilty. Experts often claim that no woman would lie about being raped. This assumption is false. Women like men, have incentives to lie. One should assume these incentives are present in rape cases as well. Since false accusations are difficult to disprove, a reasonable doubt is ever present. The burden of proof that she is not lying, or that he is lying should be on the shoulders of the prosecution. This is a heavy burden, one that must be lifted beyond a reasonable doubt; and reason is always filled with doubts.

Suppose for a minute that the accusation is not false. Instead, it represents different perspectives of a situation. The accused never wanted to rape the woman, but the woman understood it as rape. What should the courts do? Since the defendant stands on trial for his own actions, his understanding of the situation is judged, not the victim’s. The court must determine his state of mind and his actions, not hers. The prosecution must prove that the defendant believed she had not consented to the act, rather than deal with her beliefs and actions. Yes, in light of the correct criminal approach, her deeds might speak louder than words if she had led him to think she wanted to have sex.

One must remember that a victim has no standing in a criminal court, and as long as this is the case, judges must treat defendants in rape cases just like they would treat other suspects. Will this mean that many defendants will be acquitted because of the stringent standards of proof? Yes, but that is exactly the purpose of the law. After all in a liberal legal system, it is better to set ten guilty men free, than have one innocent suffer.