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	<title>Comments on: Thug Guards Rape Teenage Inmates; Generates Minimal News Coverage</title>
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		<title>By: Watcher of Weasels</title>
		<link>http://lashawnbarber.com/archives/2006/06/20/guards-abuse-teenage-inmates/comment-page-2/#comment-71797</link>
		<dc:creator>Watcher of Weasels</dc:creator>
		<pubDate>Fri, 23 Jun 2006 07:37:44 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2010#comment-71797</guid>
		<description>&lt;strong&gt;The Council Has Spoken!&lt;/strong&gt;

First off...&#160; any spambots reading this should immediately go here, here, here,&#160; and here.&#160; Die spambots, die!&#160; And now...&#160; the winning entries in the Watcher&#039;s Council vote for this week are The Iraqi Insurgency Has No Centra...</description>
		<content:encoded><![CDATA[<p><strong>The Council Has Spoken!</strong></p>
<p>First off&#8230;&nbsp; any spambots reading this should immediately go here, here, here,&nbsp; and here.&nbsp; Die spambots, die!&nbsp; And now&#8230;&nbsp; the winning entries in the Watcher&#8217;s Council vote for this week are The Iraqi Insurgency Has No Centra&#8230;</p>
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		<title>By: John</title>
		<link>http://lashawnbarber.com/archives/2006/06/20/guards-abuse-teenage-inmates/comment-page-2/#comment-71757</link>
		<dc:creator>John</dc:creator>
		<pubDate>Thu, 22 Jun 2006 23:47:27 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2010#comment-71757</guid>
		<description>It also comes down to the question, what about two people, both unable to consent for reason of inebriation.  Based on this, anyone unable to legally make a decision for themselves is not permitted to have sex with ANYONE.  That means people under 18 (ok, you can argue that they shouldn&#039;t anyway, but aside from the morality, two teenagers being teenagers is not horrible).  The mentally handicapped.  Two individuals with downs syndrome cannot legally be together because neither can legally consent.  I understand the law barring people from taking advantage of both these types of people, but barring the mentally handicapped from sex, while not done for the same eugenics reasons as Hitler prohibited it for, is too far down a slippery slope for my taste.  I&#039;m not arguing necesarally for the rights of the handicapped, but I&#039;m making the point that if there are two drunk folks, who&#039;s at fault?</description>
		<content:encoded><![CDATA[<p>It also comes down to the question, what about two people, both unable to consent for reason of inebriation.  Based on this, anyone unable to legally make a decision for themselves is not permitted to have sex with ANYONE.  That means people under 18 (ok, you can argue that they shouldn&#8217;t anyway, but aside from the morality, two teenagers being teenagers is not horrible).  The mentally handicapped.  Two individuals with downs syndrome cannot legally be together because neither can legally consent.  I understand the law barring people from taking advantage of both these types of people, but barring the mentally handicapped from sex, while not done for the same eugenics reasons as Hitler prohibited it for, is too far down a slippery slope for my taste.  I&#8217;m not arguing necesarally for the rights of the handicapped, but I&#8217;m making the point that if there are two drunk folks, who&#8217;s at fault?</p>
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		<title>By: Greg</title>
		<link>http://lashawnbarber.com/archives/2006/06/20/guards-abuse-teenage-inmates/comment-page-2/#comment-71579</link>
		<dc:creator>Greg</dc:creator>
		<pubDate>Thu, 22 Jun 2006 04:23:10 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2010#comment-71579</guid>
		<description>Link?  We don&#039;t need no stinkin&#039; link.  UNK, I&#039;m relying on my own powers of observation.  By way of example, however, John Stossels did a story for 20/20 a few years back where the feminists at Brown U. essentially took the position I&#039;ve described.  I don&#039;t know how to find archives of old 20/20 shows but if you find it, perhaps you could post the link.

I&#039;m not making this stuff up, of course.  It&#039;s not so far fetched, either, when you consider the kind of nonsense that feminazis like Catherine MacKinnon and Andrea Dworkin used to spout (perhaps MacKinnon still does).

What I take from what you&#039;re saying, though, is that a drunk woman can say she consents and act for all the world like she consents and it can still be rape if she later claims that she didn&#039;t want it.  

I assume you&#039;d agree with me that at least some drunk women actually do want to have sex.  Therefore, from the position you appear to be taking, you can&#039;t differentiate between those who &quot;consent&quot; and those who do not by their conduct at the time.  You can only discern their will, evidently, by their contentions after the fact.  Ergo, ex post facto regret evidently equals lack of consent.

I&#039;ll say it again:  if willing participation is not sufficient to infer consent, then the pendulum has swung too far.  And this begs an additional question:  If the evident &quot;yes&quot; can also mean &quot;no&quot;, wouldn&#039;t it stand to reason that &quot;no&quot; can also mean &quot;yes&quot;?  Beware the slippery slopes on which we trod.</description>
		<content:encoded><![CDATA[<p>Link?  We don&#8217;t need no stinkin&#8217; link.  UNK, I&#8217;m relying on my own powers of observation.  By way of example, however, John Stossels did a story for 20/20 a few years back where the feminists at Brown U. essentially took the position I&#8217;ve described.  I don&#8217;t know how to find archives of old 20/20 shows but if you find it, perhaps you could post the link.</p>
<p>I&#8217;m not making this stuff up, of course.  It&#8217;s not so far fetched, either, when you consider the kind of nonsense that feminazis like Catherine MacKinnon and Andrea Dworkin used to spout (perhaps MacKinnon still does).</p>
<p>What I take from what you&#8217;re saying, though, is that a drunk woman can say she consents and act for all the world like she consents and it can still be rape if she later claims that she didn&#8217;t want it.  </p>
<p>I assume you&#8217;d agree with me that at least some drunk women actually do want to have sex.  Therefore, from the position you appear to be taking, you can&#8217;t differentiate between those who &#8220;consent&#8221; and those who do not by their conduct at the time.  You can only discern their will, evidently, by their contentions after the fact.  Ergo, ex post facto regret evidently equals lack of consent.</p>
<p>I&#8217;ll say it again:  if willing participation is not sufficient to infer consent, then the pendulum has swung too far.  And this begs an additional question:  If the evident &#8220;yes&#8221; can also mean &#8220;no&#8221;, wouldn&#8217;t it stand to reason that &#8220;no&#8221; can also mean &#8220;yes&#8221;?  Beware the slippery slopes on which we trod.</p>
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		<title>By: UNK</title>
		<link>http://lashawnbarber.com/archives/2006/06/20/guards-abuse-teenage-inmates/comment-page-2/#comment-71578</link>
		<dc:creator>UNK</dc:creator>
		<pubDate>Thu, 22 Jun 2006 04:18:14 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2010#comment-71578</guid>
		<description>&quot;weâ€™re back to the position that the apparent difference between drunken sex and rape is whether she regrets it in the morning. &quot;

On the way home, it occurred to me that if an act (rape) was a crime depending on anything taking place after the act (a womenâ€™s regret or lack of regret) it would be impossible to establish a manâ€™s criminal intent and a host of other legal problems.

I canâ€™t recall or believe any serious person, even a feminist, would take this position.   Some commentators try to make feminists look more foolish by saying feminists support the unintended consequences of feminist policies.</description>
		<content:encoded><![CDATA[<p>&#8220;weâ€™re back to the position that the apparent difference between drunken sex and rape is whether she regrets it in the morning. &#8221;</p>
<p>On the way home, it occurred to me that if an act (rape) was a crime depending on anything taking place after the act (a womenâ€™s regret or lack of regret) it would be impossible to establish a manâ€™s criminal intent and a host of other legal problems.</p>
<p>I canâ€™t recall or believe any serious person, even a feminist, would take this position.   Some commentators try to make feminists look more foolish by saying feminists support the unintended consequences of feminist policies.</p>
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		<title>By: Jennifer</title>
		<link>http://lashawnbarber.com/archives/2006/06/20/guards-abuse-teenage-inmates/comment-page-2/#comment-71577</link>
		<dc:creator>Jennifer</dc:creator>
		<pubDate>Thu, 22 Jun 2006 04:15:07 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2010#comment-71577</guid>
		<description>You&#039;re an inspiration.  It&#039;s wonderful to know that there are other female and black conservatives other there, and that your voice is heard by many.  Your blog is part of my regular reading; always insightful, and always provocative.  Keep up the good work!</description>
		<content:encoded><![CDATA[<p>You&#8217;re an inspiration.  It&#8217;s wonderful to know that there are other female and black conservatives other there, and that your voice is heard by many.  Your blog is part of my regular reading; always insightful, and always provocative.  Keep up the good work!</p>
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		<title>By: Truth Be Told</title>
		<link>http://lashawnbarber.com/archives/2006/06/20/guards-abuse-teenage-inmates/comment-page-2/#comment-71576</link>
		<dc:creator>Truth Be Told</dc:creator>
		<pubDate>Thu, 22 Jun 2006 03:29:02 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2010#comment-71576</guid>
		<description>&lt;strong&gt;Some Inspiration...&lt;/strong&gt;

UPDATE: Speaking of success, Lashawn Barber of Lashawn Barber&#039;s Corner talks about the No Child Left Behind act that President Bush enacted and how it is apparently not working based on some recent studies into the programs. Achievement gaps still pla...</description>
		<content:encoded><![CDATA[<p><strong>Some Inspiration&#8230;</strong></p>
<p>UPDATE: Speaking of success, Lashawn Barber of Lashawn Barber&#8217;s Corner talks about the No Child Left Behind act that President Bush enacted and how it is apparently not working based on some recent studies into the programs. Achievement gaps still pla&#8230;</p>
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		<title>By: neverforget</title>
		<link>http://lashawnbarber.com/archives/2006/06/20/guards-abuse-teenage-inmates/comment-page-2/#comment-71570</link>
		<dc:creator>neverforget</dc:creator>
		<pubDate>Thu, 22 Jun 2006 01:07:42 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2010#comment-71570</guid>
		<description>La Shawn Back when HerBlock was political cartoonist   for the Washington Post there was a scandal in which Drill Instructors for the Army were found to be assaulting female recruits. He made a cartoon for the Post showing a white drill instructor abusing the women. All of the accused DI&#039;s were black I believe. I  don&#039;t miss HerBlock.</description>
		<content:encoded><![CDATA[<p>La Shawn Back when HerBlock was political cartoonist   for the Washington Post there was a scandal in which Drill Instructors for the Army were found to be assaulting female recruits. He made a cartoon for the Post showing a white drill instructor abusing the women. All of the accused DI&#8217;s were black I believe. I  don&#8217;t miss HerBlock.</p>
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		<title>By: John</title>
		<link>http://lashawnbarber.com/archives/2006/06/20/guards-abuse-teenage-inmates/comment-page-2/#comment-71562</link>
		<dc:creator>John</dc:creator>
		<pubDate>Wed, 21 Jun 2006 21:49:09 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2010#comment-71562</guid>
		<description>Shade, finally we agree.  That is exactly what I was saying in my other post.  Where is the line?  It&#039;s clearly not whether the victim willingly consumed the intoxicant. Where does the victim become the accused.  You&#039;re not responsible for your actions unless you harm someone else? The other factor in this is that, with the exception of rohipnol and similar date rape drugs, this issue is nearly exclusively one of colleges and similar educational institutions.  The only situation where you might find something similar in the &quot;real world&quot; is perhaps an office party where people have too much to drink.  Adults, when they go to a bar or club with someone, or alone, get willingly drunk, and go home with someone tend to accept that they are adults and go on with their lives.  When dealing with this, I was told by a lawyer it was a rare DA willing to waste time on a case as unwinnable as a rape caused by inability to consent from voluntary alcohol consumption.  Between the inborn privacy of sex and the fuzzy line of consent, it&#039;s difficult to make a conviction with nothing but a victim&#039;s testimony.</description>
		<content:encoded><![CDATA[<p>Shade, finally we agree.  That is exactly what I was saying in my other post.  Where is the line?  It&#8217;s clearly not whether the victim willingly consumed the intoxicant. Where does the victim become the accused.  You&#8217;re not responsible for your actions unless you harm someone else? The other factor in this is that, with the exception of rohipnol and similar date rape drugs, this issue is nearly exclusively one of colleges and similar educational institutions.  The only situation where you might find something similar in the &#8220;real world&#8221; is perhaps an office party where people have too much to drink.  Adults, when they go to a bar or club with someone, or alone, get willingly drunk, and go home with someone tend to accept that they are adults and go on with their lives.  When dealing with this, I was told by a lawyer it was a rare DA willing to waste time on a case as unwinnable as a rape caused by inability to consent from voluntary alcohol consumption.  Between the inborn privacy of sex and the fuzzy line of consent, it&#8217;s difficult to make a conviction with nothing but a victim&#8217;s testimony.</p>
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		<title>By: UNK</title>
		<link>http://lashawnbarber.com/archives/2006/06/20/guards-abuse-teenage-inmates/comment-page-2/#comment-71560</link>
		<dc:creator>UNK</dc:creator>
		<pubDate>Wed, 21 Jun 2006 21:32:40 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2010#comment-71560</guid>
		<description>&quot;Oh, I think youâ€™re wrong on this. I think for a lot of radical feminists, the regret proves the lack of consent.&quot;

Can you support this with a link to a feminist site - not a feminist bashing site?</description>
		<content:encoded><![CDATA[<p>&#8220;Oh, I think youâ€™re wrong on this. I think for a lot of radical feminists, the regret proves the lack of consent.&#8221;</p>
<p>Can you support this with a link to a feminist site &#8211; not a feminist bashing site?</p>
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		<title>By: Shade</title>
		<link>http://lashawnbarber.com/archives/2006/06/20/guards-abuse-teenage-inmates/comment-page-2/#comment-71559</link>
		<dc:creator>Shade</dc:creator>
		<pubDate>Wed, 21 Jun 2006 21:25:47 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2010#comment-71559</guid>
		<description>You know, I don&#039;t agree with someone taking advantage of an inebriated person, but there is a double standard.  If a person who is drunk beyond the point of really knowing what they are doing commits a crime, they are just as legally responsible for the crime as they would be if they were completely sober.  If we stay consistent with this, a person who willingly sleeps with someone while in a drunken state would be held responsible for their actions regardless of their intoxicated state.  Being passed out is a whole different story, but often times an intoxicated woman will be very flirty and even promiscuous and will have no memory of doing things that they would never do while sober.  If they made the decision to drink heavily, aren&#039;t they responsible for what they do in that state?

I&#039;m not against laws that prohibit intoxication rape, but these laws do take away personal responsibility.  If you don&#039;t want to get caught in a bad situation, don&#039;t drink.</description>
		<content:encoded><![CDATA[<p>You know, I don&#8217;t agree with someone taking advantage of an inebriated person, but there is a double standard.  If a person who is drunk beyond the point of really knowing what they are doing commits a crime, they are just as legally responsible for the crime as they would be if they were completely sober.  If we stay consistent with this, a person who willingly sleeps with someone while in a drunken state would be held responsible for their actions regardless of their intoxicated state.  Being passed out is a whole different story, but often times an intoxicated woman will be very flirty and even promiscuous and will have no memory of doing things that they would never do while sober.  If they made the decision to drink heavily, aren&#8217;t they responsible for what they do in that state?</p>
<p>I&#8217;m not against laws that prohibit intoxication rape, but these laws do take away personal responsibility.  If you don&#8217;t want to get caught in a bad situation, don&#8217;t drink.</p>
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		<title>By: Greg</title>
		<link>http://lashawnbarber.com/archives/2006/06/20/guards-abuse-teenage-inmates/comment-page-2/#comment-71558</link>
		<dc:creator>Greg</dc:creator>
		<pubDate>Wed, 21 Jun 2006 21:15:40 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2010#comment-71558</guid>
		<description>&quot;I and no one, even radical feminists would say a womanâ€™s regret makes sex rape.&quot;

Oh, I think you&#039;re wrong on this.  I think for a lot of radical feminists, the regret proves the lack of consent.  As you said, a woman wouldn&#039;t lie.  Her regret may even convince her that she didn&#039;t want it to begin with.  So, again, we&#039;re back to the position that the apparent difference between drunken sex and rape is whether she regrets it in the morning.  

Let me be very clear -- I&#039;m not talking about passed-out drunk.  I&#039;m talking the facts like what John described where two people get drunk and, while drunk, willingly and actively participate in sex.  Mere intoxication cannot vitiate consent.  That would just be nuts.</description>
		<content:encoded><![CDATA[<p>&#8220;I and no one, even radical feminists would say a womanâ€™s regret makes sex rape.&#8221;</p>
<p>Oh, I think you&#8217;re wrong on this.  I think for a lot of radical feminists, the regret proves the lack of consent.  As you said, a woman wouldn&#8217;t lie.  Her regret may even convince her that she didn&#8217;t want it to begin with.  So, again, we&#8217;re back to the position that the apparent difference between drunken sex and rape is whether she regrets it in the morning.  </p>
<p>Let me be very clear &#8212; I&#8217;m not talking about passed-out drunk.  I&#8217;m talking the facts like what John described where two people get drunk and, while drunk, willingly and actively participate in sex.  Mere intoxication cannot vitiate consent.  That would just be nuts.</p>
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		<title>By: UNK</title>
		<link>http://lashawnbarber.com/archives/2006/06/20/guards-abuse-teenage-inmates/comment-page-2/#comment-71555</link>
		<dc:creator>UNK</dc:creator>
		<pubDate>Wed, 21 Jun 2006 20:03:57 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2010#comment-71555</guid>
		<description>&quot;rape occurs or not depends on whether the woman regrets it after she sobers up. Do I have that right? &quot;

On this, you are wrong. I and no one, even radical feminists would say a woman&#039;s regret makes sex rape.  It&#039;s inability to consent that makes it a crime - just as if I asked you for your car when you were drunk and kept your car. It&#039;s true that some women regret sex, than believe it&#039;s rape, but no one supports this position.


Actually, the Duke AV in the parking lot would according to feminists be a good example of someone unable to consent to sex, and I would agree.  If Kim just dumped the AV on the side of the road in a wrong part of town, and some man talked the AV into sex knowing she was unable to say her name and seeing things, I would agree with feminists that it should be (and most likely is) a crime (I donâ€™t know NC law).

But feminists also claim that while drunk/high/crazy women are often so wasted and â€œobviouslyâ€ unable to consent to sex, these women â€œneverâ€ file false rape reports.  Feminists canâ€™t have it both ways.</description>
		<content:encoded><![CDATA[<p>&#8220;rape occurs or not depends on whether the woman regrets it after she sobers up. Do I have that right? &#8221;</p>
<p>On this, you are wrong. I and no one, even radical feminists would say a woman&#8217;s regret makes sex rape.  It&#8217;s inability to consent that makes it a crime &#8211; just as if I asked you for your car when you were drunk and kept your car. It&#8217;s true that some women regret sex, than believe it&#8217;s rape, but no one supports this position.</p>
<p>Actually, the Duke AV in the parking lot would according to feminists be a good example of someone unable to consent to sex, and I would agree.  If Kim just dumped the AV on the side of the road in a wrong part of town, and some man talked the AV into sex knowing she was unable to say her name and seeing things, I would agree with feminists that it should be (and most likely is) a crime (I donâ€™t know NC law).</p>
<p>But feminists also claim that while drunk/high/crazy women are often so wasted and â€œobviouslyâ€ unable to consent to sex, these women â€œneverâ€ file false rape reports.  Feminists canâ€™t have it both ways.</p>
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		<title>By: John</title>
		<link>http://lashawnbarber.com/archives/2006/06/20/guards-abuse-teenage-inmates/comment-page-2/#comment-71554</link>
		<dc:creator>John</dc:creator>
		<pubDate>Wed, 21 Jun 2006 19:57:38 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2010#comment-71554</guid>
		<description>This is a little off center for this post it that it deal with affirmative action, but it&#039;s a recent post dealing with race so I&#039;m going to comment.  Especially since the comments are closed on the Steele piece.  
   I admit I&#039;m white, so I may be read into this issue incorrectly, I&#039;ve long been an opponent of affirmative action, mainly because like any &quot;assist&quot; it stops when you get to the positions that it gets you to.  (for instance: you go to yale on an affirmative action plan, and end up the man who gets a job for someone with a yale degree, where are you now?  a person who has the step lowered instead of being helped to reach that step will only have further to go to the step that won&#039;t lower).  Assuming that makes sense, it seems to me that affirmative action is just telling your team and accepting &quot;you&#039;re not as fast, smart, or skilled but you can have a head start&quot;  After enough of that you lose the will to improve your team, you accept that at worst you&#039;re going to lose and at best, you&#039;re going to win because you were advantaged.  So until colleges get rid of Aff. action, I&#039;ll be expecting to see professional sports offering contracts for just as much money for white players who aren&#039;t as good.</description>
		<content:encoded><![CDATA[<p>This is a little off center for this post it that it deal with affirmative action, but it&#8217;s a recent post dealing with race so I&#8217;m going to comment.  Especially since the comments are closed on the Steele piece.<br />
   I admit I&#8217;m white, so I may be read into this issue incorrectly, I&#8217;ve long been an opponent of affirmative action, mainly because like any &#8220;assist&#8221; it stops when you get to the positions that it gets you to.  (for instance: you go to yale on an affirmative action plan, and end up the man who gets a job for someone with a yale degree, where are you now?  a person who has the step lowered instead of being helped to reach that step will only have further to go to the step that won&#8217;t lower).  Assuming that makes sense, it seems to me that affirmative action is just telling your team and accepting &#8220;you&#8217;re not as fast, smart, or skilled but you can have a head start&#8221;  After enough of that you lose the will to improve your team, you accept that at worst you&#8217;re going to lose and at best, you&#8217;re going to win because you were advantaged.  So until colleges get rid of Aff. action, I&#8217;ll be expecting to see professional sports offering contracts for just as much money for white players who aren&#8217;t as good.</p>
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		<title>By: Greg</title>
		<link>http://lashawnbarber.com/archives/2006/06/20/guards-abuse-teenage-inmates/comment-page-2/#comment-71553</link>
		<dc:creator>Greg</dc:creator>
		<pubDate>Wed, 21 Jun 2006 19:45:00 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2010#comment-71553</guid>
		<description>&quot;Most people would also consider falling-down drunk too drunk to consent.&quot;

They would?  I don&#039;t know how the law defines rape.  I&#039;d imagine it has to do with consent.  Common sense tells me that if the woman is too incoherent to talk and is virtually a non-pariticpant, then it&#039;d be kind of tough to argue consent, but those aren&#039;t the facts that were described.  In the facts that were described, the woman was a coherent and willing participant.  If that&#039;s rape when she later sobers up and regrets her drunken behavior, then the pendulum has swung too far.

This reminds me of what La Shawn posted on the Shelby Steele entry where comments weren&#039;t open.  In the excerpt from Steele&#039;s book, La Shawn highlighted passages that talked about how the black Harvard student would have to argue for the inferiority of his race in order to justify continued affirmative action (Dr. Steele said it much better than I did).

The feminist agenda does the same thing.  Women are strong, BUT ... we need to protect them from regretting sex by defining consent in a way that strains credulity.  Women are strong, BUT ... we need to shield them from sex-talk in the workplace (unless they&#039;re the ones talking about sex, in which case it&#039;s OK -- until they get offended by someone else&#039;s sex talk, at which point it&#039;s no longer OK).

But, UNK, just to make sure I understand your position, you&#039;re saying that if a man and a woman go get drunk and have sex together where she verbalizes and willingly participates in the sex act, whether rape occurs or not depends on whether the woman regrets it after she sobers up.  Do I have that right?</description>
		<content:encoded><![CDATA[<p>&#8220;Most people would also consider falling-down drunk too drunk to consent.&#8221;</p>
<p>They would?  I don&#8217;t know how the law defines rape.  I&#8217;d imagine it has to do with consent.  Common sense tells me that if the woman is too incoherent to talk and is virtually a non-pariticpant, then it&#8217;d be kind of tough to argue consent, but those aren&#8217;t the facts that were described.  In the facts that were described, the woman was a coherent and willing participant.  If that&#8217;s rape when she later sobers up and regrets her drunken behavior, then the pendulum has swung too far.</p>
<p>This reminds me of what La Shawn posted on the Shelby Steele entry where comments weren&#8217;t open.  In the excerpt from Steele&#8217;s book, La Shawn highlighted passages that talked about how the black Harvard student would have to argue for the inferiority of his race in order to justify continued affirmative action (Dr. Steele said it much better than I did).</p>
<p>The feminist agenda does the same thing.  Women are strong, BUT &#8230; we need to protect them from regretting sex by defining consent in a way that strains credulity.  Women are strong, BUT &#8230; we need to shield them from sex-talk in the workplace (unless they&#8217;re the ones talking about sex, in which case it&#8217;s OK &#8212; until they get offended by someone else&#8217;s sex talk, at which point it&#8217;s no longer OK).</p>
<p>But, UNK, just to make sure I understand your position, you&#8217;re saying that if a man and a woman go get drunk and have sex together where she verbalizes and willingly participates in the sex act, whether rape occurs or not depends on whether the woman regrets it after she sobers up.  Do I have that right?</p>
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		<title>By: John</title>
		<link>http://lashawnbarber.com/archives/2006/06/20/guards-abuse-teenage-inmates/comment-page-2/#comment-71550</link>
		<dc:creator>John</dc:creator>
		<pubDate>Wed, 21 Jun 2006 19:26:46 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2010#comment-71550</guid>
		<description>While I recognize that someone who is unable to make a decision and is passed out is clearly incapable of making the decision, where does the line go?  Does how they got drunk effect it?  I mean the guy who is sitting there drinking mineral water while giving his date jager bombs is obviously more &quot;responsible&quot; then the guy who goes to a frat party with a girl and she gets herself clearly drunk, or for instance, a woman who drinks 2 bottles of wine and doesn&#039;t remember the night.  If a man is responsible for drinking while driving, where does the responsibility stop?  When they might be harming themselves?  You&#039;re responsible if you break someone else drinking, but if you screw up your own life, it&#039;s not your fault.    I drink in moderation, especially after all this, but one has to ask where responsibility stops under the influance of mind altering substances.  Are you responsible if you are on acid and thing the man asking you to have sex is a six foot tall bullfrog?  What if you&#039;re fiending for crack or heroin?  You&#039;re clearly not thinking right there, are you immune to your actions?  I understand that if someone is drugged they can&#039;t well be held responsible but, there needs to be a unilateral concept for people who give themselves reasons to be incapacitated.</description>
		<content:encoded><![CDATA[<p>While I recognize that someone who is unable to make a decision and is passed out is clearly incapable of making the decision, where does the line go?  Does how they got drunk effect it?  I mean the guy who is sitting there drinking mineral water while giving his date jager bombs is obviously more &#8220;responsible&#8221; then the guy who goes to a frat party with a girl and she gets herself clearly drunk, or for instance, a woman who drinks 2 bottles of wine and doesn&#8217;t remember the night.  If a man is responsible for drinking while driving, where does the responsibility stop?  When they might be harming themselves?  You&#8217;re responsible if you break someone else drinking, but if you screw up your own life, it&#8217;s not your fault.    I drink in moderation, especially after all this, but one has to ask where responsibility stops under the influance of mind altering substances.  Are you responsible if you are on acid and thing the man asking you to have sex is a six foot tall bullfrog?  What if you&#8217;re fiending for crack or heroin?  You&#8217;re clearly not thinking right there, are you immune to your actions?  I understand that if someone is drugged they can&#8217;t well be held responsible but, there needs to be a unilateral concept for people who give themselves reasons to be incapacitated.</p>
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