Being taken advantage of while intoxicated and while there was a significant power imbalance between the two. She was not in a position to give consent there -- being intoxicated, being in a place that was being rented Pretty (and she could risk being out on the street if she refused), having no money and luggage on hand, being the mentee of Pretty (or believing she could be), etc.
She ended up crying and panicking. That generally isn't the outcome of a consensual relationship.
I don't know what the law is in Germany, but here in California the threshold for alcohol isn't intoxication it's incapacitation. What happens if two intoxicated people have sex with each other? They're both simultaneously rape victim but also rapists?
They were both intoxicated and Pretty is not a very big name, not even in the Scala community. It's not as if we were talking about Martin Odersky. The guy gives talks from time to time and contributes code to some projects. That's it.
> She was not in a position to give consent there [...]
Of course she was. If all the stated facts in her account are true, then Pretty was behaving like an asshole (In setting her up and then trying to get in her knickers). But she was absolutely in a position to consent. Otherwise you make it very easy for people to shed responsibility. Being in a shitty position doesn't absolve you from bad decisions.
> She ended up crying and panicking.
If that's true, Petty should have stopped right there and then. Pretty much an asshole otherwise.
That said; that's _her_ side of the story and while I'm not _not_ believing her, I'm also not making any judgement on Pretty.
It definitely sounds like he abused his position and did a horrible thing, but the thing he did is not rape (assuming OP story is 100% accurate description of events).
If 2 people are intoxicated and have sex, do they both rape each other? If one person holds more power than the other, while both are intoxicated, is it just a one-way rape? Or is it still a two-way rape, where one person just "rapes a bit more" and the other person "rapes a bit less"? What if the person who had power ends up regretting sex afterwards and cries, does it "turn the tables" and cause the rapist to suddenly become the victim of rape, after the fact?
Yes, she was drunk. Yes, she later regretted having sex. These things alone do not mean that rape was committed. As far as I can tell, she is not referring to the events as "rape", so maybe you shouldn't either.
She was unable to resist his advances, for various reasons listed. While it doesn't sound like she beat him off with a stick, it does sounds like she shut down, dissociated, and didn't say "no." Consent isn't presumed; consent is not the lack of a "no", consent is the presence of free, ongoing, and enthusiastic yes. Even if she reluctantly agreed, it consent wasn't freely given in light of the power imbalance and intoxication. Even if she reluctantly agreed, that isn't enthusiastic consent. Even if she wanted sex, but he refused to use the protection she wanted him to use, that's not ongoing consent. But she clearly didn't want sex with this dude; not like that
She is definitely the kind of woman where a man shouldn't be making such advances. Let her be the acting party. She would have been telling another story if she were on top and had taken the initiative.
One of the simplest ways for a man to avoid the problems of consent where he suspects there may be is to be the one from whom consent is needed.
That is the absolute safest other than leaving. If you as a man attempt to get consent that may not be something you're able to obtain. She might be intoxicated and unable to consent. You might not know that. However what's safe is to let anyone initiate sex with you while you remain passive and let them have sex with you.
If you leave then I would strongly advise to say it is because you are feeling sick and think it's something you ate. Go to the toilet first and say you have the runs. That will cushion her pride and make her just glad you left. No chance of something mean-spirited.
Being taken advantage of while intoxicated and while there was a significant power imbalance between the two. She was not in a position to give consent there -- being intoxicated, being in a place that was being rented Pretty (and she could risk being out on the street if she refused), having no money and luggage on hand, being the mentee of Pretty (or believing she could be), etc.
She ended up crying and panicking. That generally isn't the outcome of a consensual relationship.
I don't know what the law is in Germany, but here in California the threshold for alcohol isn't intoxication it's incapacitation. What happens if two intoxicated people have sex with each other? They're both simultaneously rape victim but also rapists?
They were both intoxicated and Pretty is not a very big name, not even in the Scala community. It's not as if we were talking about Martin Odersky. The guy gives talks from time to time and contributes code to some projects. That's it.
> She was not in a position to give consent there [...]
Of course she was. If all the stated facts in her account are true, then Pretty was behaving like an asshole (In setting her up and then trying to get in her knickers). But she was absolutely in a position to consent. Otherwise you make it very easy for people to shed responsibility. Being in a shitty position doesn't absolve you from bad decisions.
> She ended up crying and panicking.
If that's true, Petty should have stopped right there and then. Pretty much an asshole otherwise.
That said; that's _her_ side of the story and while I'm not _not_ believing her, I'm also not making any judgement on Pretty.
It definitely sounds like he abused his position and did a horrible thing, but the thing he did is not rape (assuming OP story is 100% accurate description of events).
If 2 people are intoxicated and have sex, do they both rape each other? If one person holds more power than the other, while both are intoxicated, is it just a one-way rape? Or is it still a two-way rape, where one person just "rapes a bit more" and the other person "rapes a bit less"? What if the person who had power ends up regretting sex afterwards and cries, does it "turn the tables" and cause the rapist to suddenly become the victim of rape, after the fact?
Yes, she was drunk. Yes, she later regretted having sex. These things alone do not mean that rape was committed. As far as I can tell, she is not referring to the events as "rape", so maybe you shouldn't either.
> she is not referring to the events as "rape", so maybe you shouldn't either.
Can you point to where I used that word?
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She was unable to resist his advances, for various reasons listed. While it doesn't sound like she beat him off with a stick, it does sounds like she shut down, dissociated, and didn't say "no." Consent isn't presumed; consent is not the lack of a "no", consent is the presence of free, ongoing, and enthusiastic yes. Even if she reluctantly agreed, it consent wasn't freely given in light of the power imbalance and intoxication. Even if she reluctantly agreed, that isn't enthusiastic consent. Even if she wanted sex, but he refused to use the protection she wanted him to use, that's not ongoing consent. But she clearly didn't want sex with this dude; not like that
She is definitely the kind of woman where a man shouldn't be making such advances. Let her be the acting party. She would have been telling another story if she were on top and had taken the initiative.
One of the simplest ways for a man to avoid the problems of consent where he suspects there may be is to be the one from whom consent is needed.
That is the absolute safest other than leaving. If you as a man attempt to get consent that may not be something you're able to obtain. She might be intoxicated and unable to consent. You might not know that. However what's safe is to let anyone initiate sex with you while you remain passive and let them have sex with you.
If you leave then I would strongly advise to say it is because you are feeling sick and think it's something you ate. Go to the toilet first and say you have the runs. That will cushion her pride and make her just glad you left. No chance of something mean-spirited.