Comment by DoreenMichele
4 years ago
She is and was an adult woman. Can I not expect her to know, in the typical case, whether she does or does not consent to sex?
Women often feel confused about the detail of their own consent after date rape or acquaintance rape. This is true in part because most people imagine rape is some kind of violent assault by a total stranger conking them on the head and dragging them into an alleyway.
They don't expect to have to ask themselves how much alcohol is too much alcohol for me to have been consenting? Did he or did he not intentionally get me drunk for the purpose of impairing my judgement?
Did he or did he not lie to me and maneuver me into staying alone with him in an Airbnb in the name of "helping" me? Since he did, in fact, help me get to this conference, does that somehow negate his bad actions or something?
Etc.
People expect rape to be some obvious, easily identifiable crime and it's often not.
I once saw a question posted to the internet where the woman was like "I know I need to drink less..." when a colleague plied her with alcohol until she couldn't stand up anymore and then took her to his hotel room. She felt she had been unfaithful to her boyfriend and internet strangers had to tell her "Girl, you were raped, not unfaithful."
Hopefully women are clearer than that "in the typical case." Presumably, "the typical case" isn't actually rape.
But what she described is very normal for anyone who has been treated abusively not by some random stranger at gun point but by someone insinuating themselves into their lives and claiming to be a friend who just wants to help, etc. Even without the detail of sex, people often agonize over what they did wrong, whether or not they "owe" someone who intentionally shafted them etc when they were supposed to be friends, business partners, etc.
People who know ahead of time how this works are much less vulnerable to such predators and can still get shafted. Predators typically seek to place themselves in a position of trust and to operate under a cloak of plausible deniability. They actively seek to obfuscate their real intentions and then act all hurt if you question their intentions, etc.
It's very hard to sort something like that out.
People expect rape to be some obvious, easily identifiable crime and it's often not.
They expect that because rape carries enormous jail penalties, because it's got a clear legal definition and because as the extremely low successful prosecution rate shows, most juries are not actually willing to send a man to jail for a decade on the basis of claims like "He invited me to his room, I brought a bottle of wine, we had sex and for months we were still friends because I told everyone I agreed, but now I changed my mind". That is not rape, and if she was claiming it was, she'd be making a false allegation of rape, which would be very serious.
This pretty simple concept has been relentlessly attacked for decades now by a rather nasty form of feminist activist who isn't satisfied with the standard definition of rape and who have been trying to change it to something more like this: "Rape is whatever a woman says it is". But they want the jail penalties to remain. That's dystopian and no honest person can support it, but sadly, many years of aggressive activism have resulted in the legal system being steadily chipped away when it comes to men and accusations of rape. That's why in the UK just a few years ago it was discovered there had been a massive set of miscarriages of justice, where men had been falsely accused of rape and sent to prison when evidence the women was lying was withheld from the defense. It happened because the woman in charge of the CPS had the mentality of "the victim must always be believed", leading to a collapse in standards. Many innocent men were jailed and their lives were ruined. Now one MP is campaigning to change the law to ban the form of evidence that was used to get the men released.
Honestly, I went into this article with an open mind. There are plenty of nerdy guys at programming conferences who don't know how to handle women. But this essay leaves a very bitter taste. As other commenters observe, she appears to be defining sexual harassment as "it means whatever I want it to mean at any later time", which is not something that can ever be fair to men.
That is not rape, and if she was claiming it was, she'd be making a false allegation of rape, which would be very serious.
The main problem is that it wasn't all that long ago that a woman couldn't attend a conference, agree to stay at an Airbnb with an unrelated man to whom she wasn't married, etc.
We are in a lot of new territory and still trying to sort out a lot of questions that simply didn't come up a generation or two back.
These questions are all too often being sorted out the hard way: By having things go wrong and having people who are upset about what happened air their grievances because they don't know what else to do to try to sort their lives and get everything back on track.