Originally posted by: tcsenter
I really don't see why it's so hard to believe that Kobe did it. Sure, MAYBE it could've started out as 'consensual', but if at ANY point she said "no/stop/don't", and he didn't, it's RAPE!
That's simply a load of crap. This definition of rape is an extremist position advanced by mysandrist feminists who want to make absolute and sacrosanct a woman's prerogative to conduct herself in any manner she deems fit, and make all offenses to a woman's prerogative morally equivalent - the equivalent of forcible rape - for which men can be sent to prison. Granted, one that is becoming more popular as feminists continue to pursue an agenda which is at odds with biology.
Sex isn't some kind of emotionally-void rational act where both partners are operating on reason and critical thinking. Sex is one of the more irrational and emotionally-charged acts in the inventory of human behavior. This is why there are so many unwanted pregnancies and sexually transmitted diseases. Once sexual arousal reaches a certain point, critical thought required for judgement about things like condoms (and "stop") goes out the window, replaced by adrenaline and a powerful sense of urgency (sex drive) a few million years in the making, which is why a couple should discuss the rules
before approaching that line.
This drive is even more powerful in the male, as dictated by higher testosterone levels and evidenced by the fact that evolution has obligated the male in virtually every species of mammal to be the 'performer' (aggressive). Women are not only permitted but
encouraged to blame their lapses of judgement, reason, and temperment on hormones, but men aren't allowed? What a crock of sh-t.
Now we aren't lions, and I'm not attempting to suggest that men don't possess the faculties for critical thought and judgement or shouldn't be expected to use them, but neither does the fact men have these faculties render meaningless the biological/physiological underpinnings of sexual arousal and how it can color those faculties.
Saying 'stop' in the middle of sex isn't like asking someone to say 'stop' while you're thumbing through a deck of cards. It isn't like asking someone to 'stop' while they're taking a timed examination.
Saying 'stop' in the middle of sex is more like setting down a plate of food in front of a starving person, letting them inhale a couple bites, then faulting them for failing to stop eating at the moment you rather unexpectedly instruct them to stop. Or like giving water to someone who is suffering from dehydration, then faulting them for failing to stop drinking at the very moment you rather unexpectedly instruct them to stop.
In fact, the same region of the brain which controls hunger and thirst drive also controls sex drive. The hypothalamus isn't about reason. It isn't about critical thought or restraint. The hypothalamus is about very powerful survival drives; fight or flight, hunger, thirst, sex, and sleep.
Of course, we can learn how to restrain or control these powerful drives, but that only happens with experience. Boxers have to train rigorously in order to develop the restraint to cease throwing punches once they hear the bell, and even then some boxers slip up because the drive to keep throwing punches is so powerful.
Persons defending themselves from an aggressor, including law enforcement officers, have to exercise unusual restraint to avoid crossing the line between justified (reasonable) force and excessive (unreasonable) force, and even those who train extensively for it some times slip up because the drive to keep throwing blows is so powerful.
Short of having some kind of rigorous 'sexuality training' mandated for every school-aged child where they actually engage in sex to gain this experience, the only logical and rational (read: sane) solution is for there to exist an expectation of "shared" responsibility from each party equally. The man has a responsibility and the woman has a responsibility. If either one doesn't use good judgement, it increases the risk of undesirable consequences and each should be culpable for their failure of judgement.
The effect of the rape definition you have advanced is to - as radical feminists want it - absolve the woman of any and all consequences which might result from her conduct because its her prerogative to conduct herself in any manner she pleases and nobody but
nobody has the right to question, doubt, fault, or scrutinize that conduct, placing absolute culpability on the man for anything that goes 'wrong'.