Responsibility gap?

A big rape scandal at LaSalle University has edged Iraq off the Philadelphia Inquirer's front page.

It's a typical story: athletes in dorm room plus booze plus sex equals rape and coverup scandal. As former coach Speedy Morris puts it,

These things are happening at many campuses.
Are they?

What attracted my attention about the story was the apparent blurring of the distinction between victim and criminal. Here's the way one of the "suspects" surrendered:

Cleaves, 22, of Paterson, N.J., surrendered at 8:45 p.m. at the Special Victims Unit at Episcopal Hospital, said Lt. Tom McDevitt. He bypassed reporters and photographers by entering the hospital through a tunnel, police said. Cleaves was accompanied by his attorney, who was not immediately identified.
I had to reread it, because I thought that was usually the way victims were treated; entering anonymously through a victims unit via a special tunnel?

I guess these guys must think they're pretty special "suspects."

And what about the "victims"? According to the article,

The 19-year-old woman, a student at the University of New Haven in Connecticut, told police she was intoxicated when she met the two basketball players outside St. Miguel Court on campus around 1 a.m. and accompanied them to a dormitory room. The men raped her, she said, and she next remembered waking up on a couch in the dormitory.

She was taken to Germantown Hospital, where she met with police.

After the woman talked to investigators, one of her friends, a 20-year-old member of the La Salle women's basketball team, said she, too, had been raped.

When did they "realize" they'd been raped? The next day?

Maybe I'm a little jaded, but if I was raped I think I'd know it right away, and I'd fight like hell. I can't see myself going to a dormitory room of my own free will and then waking up and discovering the next day that I was raped. Not even when I was 19 years old!

Am I hopelessly old-fashioned? Or sexist?

In an accompanying article, a "mutual" standard is announced, and the reason I'm putting it in my blog is that I am having conceptual difficulty understanding it:

"The good that can come out of this is that more people will see the problem for what it is," Bath said. "We have to educate young women about this issue, and we also have to educate young men. Don't put yourself in position to be a victim or a perpetrator.

"Young men, including athletes, have to be made to understand: You're not entitled to sex. And if the woman is drunk, you're even less entitled to sex. It's a crime."

OK, let's parse that.

I think I have a pretty good idea how to avoid being a victim. But how do I avoid putting myself "in position" to be "a perpetrator"? Any idea what that means? I mean, usually, the way I manage not to perpetrate crimes is simply by not perpetrating them.

Position? Do they mean sexual positions? Or merely in any tempting locations? There are sexually attractive people in many locations; does this mean that there should be no dating? No kissing? No heavy necking?

Analogizing to other forms of crime, does that mean that people shouldn't work near money lest they put themselves "in position" to be a perpetrator?

Then there's the entitlement issue. Certainly, I am not entitled to sex. Agree completely. I never thought I was. The statement makes me wonder whether there is an entire new class of people out there who believe in sexual entitlement as a matter of right. Is that true? What have I been missing?

Then there's this:

if the woman is drunk, you're even less entitled to sex. It's a crime.
Only if the woman is drunk? Isn't that sexist? Or is all drunken sex is a crime? That's news to me, and if it's true, then I must have been a serial rapist all those years that I drank and had sex with various lovers.

It's been a long time since I took criminal law, but I never learned that drunkenness automatically transforms sex into rape. True, intoxication tends to negate the ability to consent, and I remember cases stating that if a doctor has sex with an unconscious person, it's rape, as there was no consent. In fact, here's the relevant California statutory language:

Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.
But consumption of alcohol by two consenting people does not invalidate consent. Alcohol breaks down inhibitions and boundaries; that's one of the reasons people drink.

I'll say this: if these people were all gay men, no one would be complaining of rape. Why is that? Because it's basic common sense among homosexuals that if you go to someone's bedroom late at night and get drunk with him (or meet him in an already drunken state in say, a bar!), there's an understanding that, far from being rape, sex was the whole idea. Each party would, without any hesitation, accept his own responsibility.

Accept responsibility?

But aren't homosexuals irresponsible? Immoral? Immature?

They must be, because why would any responsible person imagine that getting drunk and visiting someone's bedroom at 1:00 a.m. means sex?

Is it irresponsible to assume sexual responsibility?

Obviously, I am missing something.

posted by Eric on 07.09.04 at 08:53 AM





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Comments

I have two responses which are unconnected, save the subject of rape.

1) The front page of a local tabloid ran the headline MONSTER RAPES WOMAN, 92: 27 Year Old Suspect in Custody.

What struck me was the suggestion that the rapist is a monster by virtue of the woman's age, as if raping someone closer to his own age would be somehow less monstrous.

I think he's a monster no matter who or how old his victim is.

2) An old friend often lectures on the subject of what he calls the 'alpha female.' Nothing, it seems, frustrates him more than a woman who gets dolled up and trolls the bars with her friends, yet seems offended when she gets attention from men.

He separates women in the bar scene into two classes: those who 'get it' (i.e. women who make themselves attractive and go to bars in order to attract), and those who simply don't. Those who 'get it' are the alpha females; those who don't are simply followers who think that dressing the part and drinking is somehow about self esteem. They assume the appearance of the 'strong woman' without becoming her.

I think there's some truth to what he says. I know at least one 'alpha female' who agrees and assures me that more women than you think play the game the way she does, but the rest give women a bad name.

We've talked about this sort of thing in the past, and she agrees that there's a world of danger out there for men when women can wake up the next morning and decide they've been raped, while men can only say, "ugh ... that was a mistake."

And then this:

"Why would a woman lie about being raped?"

A most frightening phrase, and often enough to convict in the minds of most.

Varius Contrarius   ·  July 9, 2004 02:42 PM

Thanks for the insight, VC!

I am still wondering, though, about consumption of alcohol and the notion that drunken sex is rape....

If a woman loses the ability to consent to sex, then why doesn't a man? Why can't a man wake up the next day and say that he was also so drunk he couldn't have legally consented to sex?

Eric Scheie   ·  July 9, 2004 02:55 PM

Yeah, if these people were all gay men, they'd be bitching to their friends at brunch the next day, "Man, I went out and got totally out-of-control blotto last night--and no one tried to take advantage of me!"

Part of the problem is that everyone in a bar full of homos knows what everyone else is after. Even if you just felt like having a drink with the folk and aren't in the mood to hook up, you know exactly what those who are in the mood to hook up are thinking. You talk, act, and signal accordingly. Not that no gay guy would never lead anyone on for the thrill of feeling desirable, but I think most of us feel it's...I don't know...unfair.

OTOH, inexperienced women may have been taught by Mom since puberty that men are out for sex, but I don't think a lot of them have really internalized what it means. They can't imagine getting some guy too drunk to be standoffish and then forcing the deal back at their apartment, so they don't know what's going on when a man puts the moves on them. And a lot of women, even when they're alert and trying to put a man off, err too far in the direction of not hurting his feelings and end up looking as if they were friskily playing hard to get.

When you throw in colleges that make it clear, from the first day of orientation, that a woman's testimony will be believed in any he-said-she-said cases that arise, well, this is what you get.

(Sorry. This is way more of an answer than you were probably asking for.)

Sean Kinsell   ·  July 9, 2004 10:31 PM

When I masturbate, am I raping myself? Ask Santorum.

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