draper said:
Sometimes the victim can share responsibility. There's a difference responsibility and fault IMO, especially in this context.
I am not sure that I agree with you here. I think that the distinction is not about responsibility vs. fault.... rather it is about taking precautions/making risky choices vs. being responsible/at fault/blameworthy. I think this is the distinction and I agree, as I have posted, that there are precautions that can and should be taken.... sleeping drunk on a couch with a stranger is not cautious behaviour... to be sure. But, it is also not an act for which fault, blameworthiness or responsibility can be ascribed.
There is no direct correlation between sleeping on a couch with a stranger and being assaulted. An assault is an illegal and immoral act of another person. I have slept on couches, in beds and in tents with people who I have just met. Sometimes drunk, sometimes sober..... this is not a celebration of my great moral character.... it is what is to be demanded, expected and deserved.
In my old neighbourhood gas stations, convenience stores and fast food outlets were regular targets of robbers. If I went to one of these places at 2:00 AM, could it be said that I was not displaying cautious behaviour or that I was being "risky"? Sure it can. Does that mean that if I am assaulted by a robber, I am responsible/blameworthy/at fault? Absolutely not.
We know that you have a greater chance of dying on a highway than in an airplane. If I choose to drive to Vancouver rather than taking the amazing seat sale that would make it about the same price, and I get into an accident because some jerk is speeding, am I responsible? blameworthy? I certainly didn't take all the precautions... but I find it hard to suggest that I am responsible.
I know that these aren't perfect analogies, but you see my point? No person is responsible for being assaulted. Assaulting someone is a choice that is the sole responsibility of the perpetrator (unless once can raise the defence of automatism or another common law defence). In the case mentioned, nobody is responsible for the assault.... not the woman, not the man. It can be hard to imagine an assault without responsibility but I think that this is one. Having said that, if he now did the same thing, I think that he would be responsible.... having knowledge of one's condition should create a duty to warn others and/or remove one's self from the situations where one might be dangerous.
This would clearly be an example of sexual assault. But look at the facts -- this woman met a stranger at a party, got drunk with him & then fell asleep with him. How can she NOT be partially responsible!? It borders on misandry to claim otherwise. I actually felt otherwise until I talked to some female friends about this and they all agreed that the woman has to share some fault, even in the hypothetical situation that the rape had been a definite choice -- and I couldn't disagree with their logic. One of my friends said the woman "asked for it" (a female friend) and while that may be a technically correct way of putting it, I would disagree with her because I think it frames the responsibility in a much more condescending light than it is actually in.
Rape myths are common and prevalent. They serve to shift the blame from the perpetrator to the victim..... why were you wearing that skirt? why were you at that party? why didn't you fight back? why didn't you say no? you let him kiss you, what did you think would happen? you must have wanted it or you wouldn't have let it happen?etc? What each ignores is that the crime was committed by one person and one person only. I appreciate what is being said about the "real world" and maybe that speaks to "precautions" but I will not accept that we live in a world where by wearing a shirt that shows a belly button or by wearing a skirt that is above the knees somehow makes a woman responsible for someone else assaulting her. Rape myths are also disturbing because they have been so effectively inserted into people's consciousness.... you don't have to be a man to hold these beliefs. There are even plenty of survivors who question themselves and blame themselves for their assaults. I personally can't think of anything worse.
I am not at all trying to say that this particular case is not just as horrific & brutal as any other example of male to female violence. All of them, regardless of whether or not the victim of the assault is partly responsible for creating the circumstances are awful & tragic stories committed under morally reprehensible pretenses. I can't emphasize this enough. But to say that a woman is always going to be completely blameless is just not consistent with reality. People, including women, do irresponsible things & put themselves in positions that logic & responsibility would not agree with them being it.
I do know what you are saying Draper.... honest.... but it again comes back to when do we think that someone engaged in risky behaviour and when does that make them "responsible" for what someone else does to them. This conversation is also masking the fact that the vast majority (I think 87%) of sexual assaults happen between people who know one another at one of their houses. (you allude to this later on, I know... I just wanted to make it explicit) This is not walking down a dark downtown alley, drunk out of one's tree, wearing a short skirt and tube top.... where, while it is certainly risky behaviour, there is still no blame that attaches to the victim.
I should also note that I think when you take assaults against women - sexual, physical, emotional, or however, these cases where the woman shares some of the responsibility are exceptionally rare & an absolutely tiny minority.
that's where you allude to it
Anyways, I started off my post being very adamant...I've deleted like two or three full length paragraphs & reworded some things and added some things because I'm not sure if I'm in the right ballpark anymore. I think that some of what I am saying may be true and correct, but not in this context -- although I'm not even sure what context I mean when I say that, so I'll just hope you guys grasp what I am saying
So, if I am off-colour or flat out wrong in anything that I have said I apologize & look forward to being corrected or at least discussing it with people that are smarter than I am...this is a very sensitive issue and trying to argue any side really assertively is a lot like walking on eggshells; so again I apologize if anything I have said was wrong or offensive.
I don't think that you have been offensive... and I think that we agree more than we disagree... I just think that precision of language is VERY important here. To talk of responsibility is to suggest that the perpetrator is less than 100% responsible for the assault. It runs the risk of sounding as though the survivor "got what she deserved"... or at least "what she was asking for." Are there precautions that can be taken? Yes. Is a victim responsible for an assault whether or not she took those precautions? Not in my opinion, No.