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No Means Yes If You Know How To Spot It

I recall two cases of men who were happy to be clear. One was a calloused cowboy in a bar in Boise, Idaho. I was there with a friend, hoping to dance and party. And drink and giggle. This guy comes up to me and asks me to dance. I hesitate, er... He stands up straight and looks me in the eye, "look, I don't want to sleep with you, I just want to dance. Are you here to dance?" Yes!!!! How freeing! We had lots of fun and he was a great dancer. For those wondering why women turn them down, I'll note that he was not handsome, not dressed sexy or acting suave. He was just a cowboy who wanted to dance. And by being clear, he got a chance to talk, get to know and enjoy the company of women. If I lived around there, I might have felt he was a fun partner - but only because I got to know him completely unpressured.

The other one was a Harley Biker and again I was at a bar getting quite drunk and dancing kinda dirty. I sat at a table with my group that was kinda shared with his group - me dressed as a nerdy engineer, him as a tough spiked biker. As we chatted, he asked if I wanted to go with his group to their motorcycle clubhouse and play pool. Again with the hesitation, er... and his very clear reply, "I'm not looking for a fuck. We're just playing pool, do you want to come, or not?"

Clarity in the other direction, but illustrates how clarity can be done.
 
Drunkeness is a continuum of states. It is not true that consent at any level of drunkenness is not actually consent. The evidence is in the fact that people have consensual drunken sex all the time. We also consent to other things while drunk, such as buying drinks, buying food and paying for taxi fares.

If a person drinks to lowers their inhibitions and then has sex, then that is not rape. As you say, in the real world that is exactly how people usually think: they get drunk, get laid, and the next day feel foolish, embarrassed, etc. Is it your position that these people are all wrong and that they in fact were raped?

Yes, drunkenness is a continuum. I agree. And the further you travel down it, either yourself or your partner/target, the higher your chances of having sex with someone who was not actually okay with the event, even when you convinced yourself that they were. It's okay to be drunk, it's not legal to do things that are against the law while you are drunk.

Your risk of being accused of rape is a continuum. You can choose to stay way on the safe side of that. Or you can feel entitled to drunk sex without caring about taking extra steps at that time to stay away from the cliff of misunderstanding. Let me rephrase that - your risk of being a rapist is a continuum. You can choose to stay far away from the edge or you can flirt with the edge because the sex is worth it and it's too much trouble to adopt a personality of checking for consent. But it's worth noting that doing stuff that has crossed the line in other cases increases your risk of being the one crossing the line this time.
That's right; it is a choice that people are free to make. People should be entitled to that choice, and punished when they get it wrong (e.g. by having sex with someone who can't even stand up). It is paternalistic to tell people not to have drunken sex at all.

The university has decided to rule all intoxicated sex to be non-consensual, not because that is actually true, but because it is convenient.

Drunk sex is lots of fun. And it's not that hard to add some steps to your repertoire to make it less likely to be a rapist.
I don't know what you think are extra steps and you think are commonplace steps that most people take without your advice.

Note that according to the OSU policy, not even verbal consent is valid consent when given by an intoxicated person.
 
Drunkeness is a continuum of states. It is not true that consent at any level of drunkenness is not actually consent. The evidence is in the fact that people have consensual drunken sex all the time. We also consent to other things while drunk, such as buying drinks, buying food and paying for taxi fares.

If a person drinks to lowers their inhibitions and then has sex, then that is not rape. As you say, in the real world that is exactly how people usually think: they get drunk, get laid, and the next day feel foolish, embarrassed, etc. Is it your position that these people are all wrong and that they in fact were raped?

First of all, I very specifically stated that anyone who "KNOWINGLY TAKES ADVANTAGE OF Person B while s/he is drunk has crossed the line". There is, in my opinion, a big problem with "drinks to lower their inhibitions", especially as an excuse for possibly non-consensual sex. There likely are some people who do this, but knowing that Person B is drinking to lower their inhibitions regarding sex means Person R also knows that Person B would likely not consent if sober, so how can Person R sincerely believe they actually have consent.
Just because someone is consenting with lowered inhibitions does not mean that they are not actually consenting. It doesn't matter whether the other person (R) knows this or not.

However, there is a difference between having sex with someone who has lowered inhibitions, and with someone who doesn't know where they are or who is taking their pants off.
The Person B scenario also gets into the all too common situation of a predator getting the victim drunk for the specific purpose of circumventing the victim's ability to consent. I would hope that no one here would disagree that drugging a victim in order to have some type of sexual interaction with him/her is, in fact, rape, right?
I agree with that. Getting oneself drunk is vastly different from being unwittingly drugged, whether it be with alcohol or some other substance.
However, the predator doesn't need to provide the alcohol; it would also be rape if they swooped in on a target who had drunk themselves into a near-paralytic state.
Where it begins to get murky is when the predator is using alcohol - the predator knows what he is doing, the victim may just want to get drunk and dance. How do we, the arm-chair juries, know the difference? We can't assume Person B wants sex or consented to sex solely on the basis of getting drunk. Person B waking up the next day thinking "Wow that was stupid of me, but I do remember consenting, and I know I was drinking to lower my inhibitions", is almost certainly not picking up the phone to report a rape. The high school girl who gets to see a video of herself being dragged around unconscious while the boys brag about sexually assaulting her is a completely different story... or should be. In reality, far too many arm-chair juries still blamed her, still considered her the Person B from Jahryn's list of three, whereas I maintain those high school boys "crossed the line."
Regardless of why the victim was drinking or who provides the alcohol, having sex with a girl who is unconscious, or is so drunk they need help moving around, is rape. And that's because that person is well beyond "lowered inhibitions" territory.

I also disagree with your position that "drunkenness" is a continuum wherein it is possible to consent while drunk, though this may be more of a semantics quibble (I hope). When someone says "she's drunk", I'm hearing a description of a person who is clearly, visibly and undeniably inebriated; not a description of someone who might be slightly tipsy. Someone who is clearly, visibly and undeniably inebriated cannot consent anymore than they can responsibly drive a car.
Likely a semantics quibble as well as a difference of opinion. For example, my opinion is that a person can be too drunk to drive and yet lucid enough to consent to sex (especially so in Australia where the BAC limit for DUI is 0.05).

e.g.
Someone who cannot stand and walk unaided is too drunk to consent.
Someone who is just drunk enough to be a drunk driver is not too drunk to consent.
Someone who is struggling to stay awake and has the enunciation of a toddler is definitely too drunk to consent.
 
It's possible that I did think exactly that, since several posters on this thread lead me to conclude they are advocating that failing to punish rapes is better than stopping rapes, whenever there is a possibility that someone will not get the sex s/he thinks s/he deserves.

So link it and I will be happy to explain what I was thinking.

http://talkfreethought.org/showthre...w-How-To-Spot-It&p=64562&viewfull=1#post64562

This was largely what I was thinking about when I mentioned 'being drawn into familiar conflicts', but I can't discount the idea that you were genuinely offended.

Ah, that post. Yeah, I was genuinely shocked that you spent so much time talking about how traumatized a person can be from failing to get the sex that they should have and spoke not a word about the trauma of being raped.

Well thank for taking the trouble to explain. That means a lot to me. I will now disagree with you :)


Of course I did. They're not alternatives to each other. You can both care about rape and care about other types of trauma, and try and balance out what you do. Otherwise you can argue that alcohol effects your judgement, poor judgement leads to rape and trauma, and thus no one should ever drink. You're quite happy to talk about alcohol, and indeed drunken sex. Does this mean you're callously ignoring rape victims every time you enjoy a drink? Or is there some line beyond which taking precautions against a possible bad event needs to take second place to having a relatively normal life, or to avoiding other problems?

As I said before, the main problem with taking the view that we should everything possible to prevent rape, no matter how restrictive people find it, is that people will not adopt highly restrictive measures except in very small numbers. Which means that replacing a reasonable rule with what appears to be an unreasonable rule increases the number of rapes that actually occur. Because of that, I feel it does matter, really quite a lot, how the rules being proposed actually make people act and feel. Not because that's more important than rape, but because a rule that people don't follow means more people get raped.

I was quite surprised and disturbed by the tone.

"Look, I know we're talking about stopping rape, but what if those efforts cause two shy people to fail to get it on! I've seen this trauma, it's horrible!

In this particular case, yes it was very bad.

Therefore..."

Yes, I was genuinely disturbed. I imagined saying that to a room full of rape victims whose rapists had claimed it wasn't rape because they didn't say "no" clearly enough, and whose visit to the police department left an untested rape kit and a refusal to arrest because she was wearing a short skirt or was drunk,

None of whom would have their lives changed in any way by changing a standard of permission in advance of each stage of intimacy to a standard of on going consent. Unless I'm missing something?

and I imagined them hearing your concerns about the couple who was traumatized by not getting laid. And yes, I was genuinely disturbed by the picture. The balance seemed off, you know?

I suppose you could have gone to guy's funeral and explained that to his family. You could explain that his life was one of many things that simply wasn't important enough to consider maybe changing the wording on rape guidelines, because rape is too important an issue to be bothered with getting it right.

Balance is important. However, I don't think that taking offence at rape not being deferred to in a particular post, is balanced. Unless you really do think that it's not just an important thing, but the only important thing?
 
I recall two cases of men who were happy to be clear. One was a calloused cowboy in a bar in Boise, Idaho. I was there with a friend, hoping to dance and party. And drink and giggle. This guy comes up to me and asks me to dance. I hesitate, er... He stands up straight and looks me in the eye, "look, I don't want to sleep with you, I just want to dance. Are you here to dance?" Yes!!!! How freeing! We had lots of fun and he was a great dancer. For those wondering why women turn them down, I'll note that he was not handsome, not dressed sexy or acting suave. He was just a cowboy who wanted to dance. And by being clear, he got a chance to talk, get to know and enjoy the company of women. If I lived around there, I might have felt he was a fun partner - but only because I got to know him completely unpressured.

The other one was a Harley Biker and again I was at a bar getting quite drunk and dancing kinda dirty. I sat at a table with my group that was kinda shared with his group - me dressed as a nerdy engineer, him as a tough spiked biker. As we chatted, he asked if I wanted to go with his group to their motorcycle clubhouse and play pool. Again with the hesitation, er... and his very clear reply, "I'm not looking for a fuck. We're just playing pool, do you want to come, or not?"

Clarity in the other direction, but illustrates how clarity can be done.
So I'm guessing examples in the other direction would be:
"I want to sleep with you. Are you here to get laid?", and
"I'm looking for a fuck, do you want to come, or not?"

That would certainly be clear, not to mention freeing, but it has all the class of a sledgehammer.

There are plenty of other ways to flirt, build sexual anticipation, and be clear on someone desires without resorting to a socially-retarded approach.
 
I have seen someone use this line:

Hey, you, yeah you. Go get your coat. You've pulled.

To surprising effect. However, it doesn't really suit everyone, and particularly not those who are looking for something a bit more long-term.
 
Ah, that post. Yeah, I was genuinely shocked that you spent so much time talking about how traumatized a person can be from failing to get the sex that they should have and spoke not a word about the trauma of being raped.

Well thank for taking the trouble to explain. That means a lot to me. I will now disagree with you :)


Of course I did. They're not alternatives to each other.

I think people here are arguing that they are. That we cannot/should not implement criteria for consent to help avoid rapes BECAUSE look at all these examples of good sex that will get stopped.


You can both care about rape and care about other types of trauma, and try and balance out what you do.
Yes, that is the intent of the rules that lay out clearly what consent means, for the sake of those who were having trouble understanding what the college or society would be willing to permit and what is over-the-line.

Otherwise you can argue that alcohol effects your judgement, poor judgement leads to rape and trauma, and thus no one should ever drink.
Neither I nor the proposed rules argue that people should never have sex. They don't even say you can't rape. They say, IF you do this then it is considered a rape. Just like IF you drink alcohol. THEN you will become impaired at some point.


You're quite happy to talk about alcohol, and indeed drunken sex. Does this mean you're callously ignoring rape victims every time you enjoy a drink? Or is there some line beyond which taking precautions against a possible bad event needs to take second place to having a relatively normal life, or to avoiding other problems?

Oh definitely a line and it is labeled "consent" in big friendly letters.

As I said before, the main problem with taking the view that we should everything possible to prevent rape, no matter how restrictive people find it, is that people will not adopt highly restrictive measures except in very small numbers. Which means that replacing a reasonable rule with what appears to be an unreasonable rule increases the number of rapes that actually occur. Because of that, I feel it does matter, really quite a lot, how the rules being proposed actually make people act and feel. Not because that's more important than rape, but because a rule that people don't follow means more people get raped.
I don't think you've demonstrated this. IF the rules get tougher on enforcement, then people will start changing their behavior (see: "Drunk Driving, USA, 1980s") to avoid the more clear lines of behavior resulting in negative consequences like jail time or your name in the paper.

I don't know how old you are, of if you have any knowledge of drunk driving culture in the USA of the 80s, but the change was stark. Stricter limits and clear definitions and less letting people off made a dramatic change in teh culture of acceptance of drunk-driving. When I was a kid it was not punished, was not enforced, was not disdained or condemned. It was just a thing people did, and the cops would tell you to go home and sleep it off. By the late 1980s, it was WRONG and condemned and measured and definitely punished. And diminished. From 60% of traffic fatalities to less than 30%.


If you are going to claim that stronger delineation of and consequences a bad behavior are not going to reduce it, then you'll need to present a reason why you think so, because I don't think that's a supported premise at this time.

I was quite surprised and disturbed by the tone.

"Look, I know we're talking about stopping rape, but what if those efforts cause two shy people to fail to get it on! I've seen this trauma, it's horrible!

In this particular case, yes it was very bad.

My sympathies. It sounds like it was awful. Since it happened in the absence of these regulations, perhaps it is not a situation that would have been negatively affected by these types of regulations?



Therefore..."

Yes, I was genuinely disturbed. I imagined saying that to a room full of rape victims whose rapists had claimed it wasn't rape because they didn't say "no" clearly enough, and whose visit to the police department left an untested rape kit and a refusal to arrest because she was wearing a short skirt or was drunk,

None of whom would have their lives changed in any way by changing a standard of permission in advance of each stage of intimacy to a standard of on going consent. Unless I'm missing something?

You are missing something. The fact that in the presence of a very strong definition of rape that even the most self-centered prick can understand would be hung around his neck even if he disagreed with it, many of their rapists would have not raped that day to avoid being charged with rape.

and I imagined them hearing your concerns about the couple who was traumatized by not getting laid. And yes, I was genuinely disturbed by the picture. The balance seemed off, you know?

I suppose you could have gone to guy's funeral and explained that to his family. You could explain that his life was one of many things that simply wasn't important enough to consider maybe changing the wording on rape guidelines, because rape is too important an issue to be bothered with getting it right.

Since the presence of the rules did not affect his actions (or were there such rules at his school?), I'm not sure what explanation would be appropriate. It sounds like he committed suicide over this relationship encounter. Which is heartbreaking. What would he have done differently if there were a regulation that stated getting consent was required, do you think? What would his girl have done? Perhaps that clear definition would have _helped_ the situation so that she could say, "please, don't you want to get intimate with me? Are you not interested?" Perhaps a regulation that emphasizes COMMUNICATION OF DESIRES would have been the very thing they needed to communicate their desires.

Balance is important. However, I don't think that taking offence at rape not being deferred to in a particular post, is balanced. Unless you really do think that it's not just an important thing, but the only important thing?

I was not offended, for the record, I was disturbed. The conversation is about increased clarification of what rape is, and where the line is. Your post did not discuss rape, so one might conclude that your point was that this is something that should be discussed to NOT pursue these rules of increased clarification.

Perhaps I misinterpreted your point? You say here that you think the rules are "too restrictive" because they will... ...have some relation to this story in a negative way if they are enacted. That more of this trauma might happen. I thought I was accurate in concluding that you think this story is a good reason to NOT take these actions that are intended to reduce rapes. Did I conclude incorrectly?
 
That would certainly be clear, not to mention freeing, but it has all the class of a sledgehammer.

I'm not certain how to respond to the implication that I should be able to provide a single pick-up line that is guaranteed to separate the likely fuckers and work on every one of them every time with the correct amount of class.

I guess I was kind of expecting that sexually active people would be able to improvise, apply situational nuances and read their audience to create conversation that can communicate their desires. But, perhaps that's an illustration of why these kinds of rules are needed.
 
First of all, I very specifically stated that anyone who "KNOWINGLY TAKES ADVANTAGE OF Person B while s/he is drunk has crossed the line". There is, in my opinion, a big problem with "drinks to lower their inhibitions", especially as an excuse for possibly non-consensual sex. There likely are some people who do this, but knowing that Person B is drinking to lower their inhibitions regarding sex means Person R also knows that Person B would likely not consent if sober, so how can Person R sincerely believe they actually have consent.
Just because someone is consenting with lowered inhibitions does not mean that they are not actually consenting. It doesn't matter whether the other person (R) knows this or not.

However, there is a difference between having sex with someone who has lowered inhibitions, and with someone who doesn't know where they are or who is taking their pants off.
The Person B scenario also gets into the all too common situation of a predator getting the victim drunk for the specific purpose of circumventing the victim's ability to consent. I would hope that no one here would disagree that drugging a victim in order to have some type of sexual interaction with him/her is, in fact, rape, right?
I agree with that. Getting oneself drunk is vastly different from being unwittingly drugged, whether it be with alcohol or some other substance.
However, the predator doesn't need to provide the alcohol; it would also be rape if they swooped in on a target who had drunk themselves into a near-paralytic state.
Where it begins to get murky is when the predator is using alcohol - the predator knows what he is doing, the victim may just want to get drunk and dance. How do we, the arm-chair juries, know the difference? We can't assume Person B wants sex or consented to sex solely on the basis of getting drunk. Person B waking up the next day thinking "Wow that was stupid of me, but I do remember consenting, and I know I was drinking to lower my inhibitions", is almost certainly not picking up the phone to report a rape. The high school girl who gets to see a video of herself being dragged around unconscious while the boys brag about sexually assaulting her is a completely different story... or should be. In reality, far too many arm-chair juries still blamed her, still considered her the Person B from Jahryn's list of three, whereas I maintain those high school boys "crossed the line."
Regardless of why the victim was drinking or who provides the alcohol, having sex with a girl who is unconscious, or is so drunk they need help moving around, is rape. And that's because that person is well beyond "lowered inhibitions" territory.

I also disagree with your position that "drunkenness" is a continuum wherein it is possible to consent while drunk, though this may be more of a semantics quibble (I hope). When someone says "she's drunk", I'm hearing a description of a person who is clearly, visibly and undeniably inebriated; not a description of someone who might be slightly tipsy. Someone who is clearly, visibly and undeniably inebriated cannot consent anymore than they can responsibly drive a car.
Likely a semantics quibble as well as a difference of opinion. For example, my opinion is that a person can be too drunk to drive and yet lucid enough to consent to sex (especially so in Australia where the BAC limit for DUI is 0.05).

e.g.
Someone who cannot stand and walk unaided is too drunk to consent.
Someone who is just drunk enough to be a drunk driver is not too drunk to consent.
Someone who is struggling to stay awake and has the enunciation of a toddler is definitely too drunk to consent.

I think, then, that we are mainly drawing the line at a different place, and for purposes of university life I am completely fine with drawing the line quite a bit sooner than you apparently are. I will also point out yet again that no one is suggesting campus police are at every bedside taking Breathalyzer tests of the occupants before allowing them to have sex.

We are discussing university guidelines that are as much about keeping people from getting into trouble in the first place as they are about determining who has crossed the line into that trouble. This does not mean that every drunken hook-up is going to result in one or both parties being expelled. It does mean (hopefully) that students will get the message that when in doubt about the other person's consent and/or sobriety... don't proceed to have sex at that time. Get his or her number then call a cab and call the person the next morning.

There is plenty of time for genuinely consensual sex, but you can't take back a rape.
 
That would certainly be clear, not to mention freeing, but it has all the class of a sledgehammer.

I'm not certain how to respond to the implication that I should be able to provide a single pick-up line that is guaranteed to separate the likely fuckers and work on every one of them every time with the correct amount of class.
I don't expect you to provide any advice on the subject, let alone some magic pick-up line.

You provided to examples of men who were "happy to be clear". And in both cases, the men are clear by being blunt about what they do and don't want, and then proposition you (for dancing/8-ball)

What are you trying to illustrate? That when men want sex, they should "be happy to be clear", by stating their interest and asking for express consent?
I guess I was kind of expecting that sexually active people would be able to improvise, apply situational nuances and read their audience to create conversation that can communicate their desires.
One wonders why you were making a point about clarity. Subtlety and indirect expressions of interest are often more preferable than clarity, for both parties.
 
I think, then, that we are mainly drawing the line at a different place, and for purposes of university life I am completely fine with drawing the line quite a bit sooner than you apparently are. I will also point out yet again that no one is suggesting campus police are at every bedside taking Breathalyzer tests of the occupants before allowing them to have sex.

We are discussing university guidelines that are as much about keeping people from getting into trouble in the first place as they are about determining who has crossed the line into that trouble. This does not mean that every drunken hook-up is going to result in one or both parties being expelled. It does mean (hopefully) that students will get the message that when in doubt about the other person's consent and/or sobriety... don't proceed to have sex at that time. Get his or her number then call a cab and call the person the next morning.

There is plenty of time for genuinely consensual sex, but you can't take back a rape.
My disagreement was with your statement that "they were drunk, which means there was not actually true consent". It is possible for two people to be drunk and yet actually consent. That appears to be simply a disagreement in terms of the minimum threshold for what qualifies as drunk.

As for university rules, the OSU policy states that:
By law, a person cannot give consent, even when he or she might verbally say so, when:
  • The person is so intoxicated or unconscious due to alcohol or drugs
  • The person is physically or mentally disabled
  • The person was coerced due to force, threat of force, or deception or when the person was beaten, threatened, isolated, or intimidated.
I have absolutely no problem with the standard of "so intoxicated...[that] the person is physically or mentally disabled".

This does not mean that every drunken hook-up is going to result in one or both parties being expelled.
If the only way a rule works properly is that is selectively enforced, then it is a flawed rule. It gives the impression that the university is OK with intoxicated consent except when they are investigating a rape report. It can't be true that, at a given level of intoxication, some people can consent but others cannot.
 
One wonders why you were making a point about clarity. Subtlety and indirect expressions of interest are often more preferable than clarity, for both parties.

Except, apparently for the cases of rape, which this rule is attempting to address. SOMEBODY doesn't think subtlety is working...
 
One wonders why you were making a point about clarity. Subtlety and indirect expressions of interest are often more preferable than clarity, for both parties.
Except, apparently for the cases of rape, which this rule is attempting to address. SOMEBODY doesn't think subtlety is working...
The rule doesn't stipulate express verbal consent. It allows for subtlety in communication. There is no suggestion that subtlety is not working.
 
My disagreement was with your statement that "they were drunk, which means there was not actually true consent". It is possible for two people to be drunk and yet actually consent.
I disagree
That appears to be simply a disagreement in terms of the minimum threshold for what qualifies as drunk.
I agree

View attachment 1123

It seems to me based on this chart, up to a .059 the average observer won't even see any indications of intoxication even if the person is feeling euphoria, relaxation, etc. I wouldn't call that "drunk" simply because it isn't a stage that the average bystander could reasonably recognize as "drunk". It is usually somewhere in the higher end of this range that various drunk driver (or flying) laws start. Someone here (you?) mentioned .05 in Australia. The United States is typically .08. Clearly there is a level of intoxication, but I don't think the label "drunk" applies, so this stage is not what I am thinking about when some says "Person B is drunk" (and partly why I tend to compare the line to the "drunk driving" line - below that = "not drunk, able to consent"; above that = "drunk, can't consent"

By the way, .059 means one or two drinks for the average female. If Person R has already bought her 3 or 4, later claiming he thought she could still consent is not a believable position.

From .06 to .09, you could probably make an argument that the average bystander might not realize Person B is drunk (assuming said bystander did not know how many drinks Person B has consumed); but given that one's reasoning ability is markedly impaired at this stage, I don't think anyone could argue that Person B's ability to consent is intact.

At .10 and above, there is no country in the world that considers this a safe level for driving. More importantly, the signs of intoxication are now unmistakable to bystanders whether they know how many drinks Person B has had or not. A BAC level of .10 equals 3 to 4 drinks for the average woman.

What IS unworkable is to state that "any sexual intercourse between people wherein one or more participants have a BAC higher than .059 is rape". As such, we are left with a much more imprecise policy of "don't fuck her if she's drunk" and we all get to argue about what "drunk" means.
As for university rules, the OSU policy states that:
By law, a person cannot give consent, even when he or she might verbally say so, when:
  • The person is so intoxicated or unconscious due to alcohol or drugs
  • The person is physically or mentally disabled
  • The person was coerced due to force, threat of force, or deception or when the person was beaten, threatened, isolated, or intimidated.
I have absolutely no problem with the standard of "so intoxicated...[that] the person is physically or mentally disabled".
except that isn't what the OSU policy says. It is poorly written ("so intoxicated.... what?), but the bullet points are separate sections. One situation wherein a person cannot give consent: The person is so intoxicated or unconscious due to alcohol or drugs

A completely separate situation wherein a person cannot give consent: The person is physically or mentally disabled

This does not mean that every drunken hook-up is going to result in one or both parties being expelled.
If the only way a rule works properly is that is selectively enforced, then it is a flawed rule. It gives the impression that the university is OK with intoxicated consent except when they are investigating a rape report. It can't be true that, at a given level of intoxication, some people can consent but others cannot.
I use "drunken hook-up" because that is what has been used by everyone in these types of threads. If I gave you the impression I think "drunken hook-ups" are acceptable, I don't - and I am sure the universities don't either.

But, as I said to begin with is that reality means college students WILL have "drunken hook-ups" which, as I said before, is not genuinely consensual. But reality also says that if neither party reports the "drunken hook-up" - who exactly is going to take disciplinary action? It has nothing whatsoever to do with the university having "selective enforcement" or condoning some "drunken hook-ups" and investigating others. It means that the majority of "drunken hook-ups" will never be reported.

If someone steals your wallet and you don't report it, does that mean the police condone the theft of your wallet, or that your wallet wasn't actually stolen?
 
My disagreement was with your statement that "they were drunk, which means there was not actually true consent". It is possible for two people to be drunk and yet actually consent. That appears to be simply a disagreement in terms of the minimum threshold for what qualifies as drunk.

As for university rules, the OSU policy states that:
By law, a person cannot give consent, even when he or she might verbally say so, when:
  • The person is so intoxicated or unconscious due to alcohol or drugs
  • The person is physically or mentally disabled
  • The person was coerced due to force, threat of force, or deception or when the person was beaten, threatened, isolated, or intimidated.
I have absolutely no problem with the standard of "so intoxicated...[that] the person is physically or mentally disabled".

This does not mean that every drunken hook-up is going to result in one or both parties being expelled.
If the only way a rule works properly is that is selectively enforced, then it is a flawed rule. It gives the impression that the university is OK with intoxicated consent except when they are investigating a rape report. It can't be true that, at a given level of intoxication, some people can consent but others cannot.

Actually, at a given level of intoxication, it is entirely possible that some can consent and others cannot. Even for the same person, it may be the case that at the same degree of intoxication they are capable of consent on night A and incapable of it on night B. It has a lot to do with the context of a situation, and what elements of a person's mind are active while in the particular drunken state, and how deliberately they are getting drunk. Not everyone is equally capable of making an informed decision when sober. Why would you expect alcohol to make that any different?
 
That seems like a more reasonable way to go. Some form of positive consent is important, but permission at every stage is just unworkable. I don't think anyone disagrees with no being a deal-breaker, no matter at what stage it appears.

Derec has argued that "no" is not a deal-breaker, it's just a yellow flag that means keep on doing what you're doing to get your target potential partner into bed, just be patient and a bit more subtle. He has also argued that when a girl says "no" she's often being "playful" and "coy", so it should never be taken as a sign it's time for a guy to go home alone.
I suppose it's a good thing that Derec isn't trying to pic you up then. Or me. Or anyone else in this thread. It would likely go poorly for him.
 
This thread became too long while I was out... therefore I didn't read all of it and just skimmed. Very interesting, some bizarre, some disturbing. And my sex life is still being used as an example, so at least I feel I've contributed that much :)
 
Derec has argued that "no" is not a deal-breaker, it's just a yellow flag that means keep on doing what you're doing to get your target potential partner into bed, just be patient and a bit more subtle. He has also argued that when a girl says "no" she's often being "playful" and "coy", so it should never be taken as a sign it's time for a guy to go home alone.
I suppose it's a good thing that Derec isn't trying to pic you up then. Or me. Or anyone else in this thread. It would likely go poorly for him.

Men who think "no" is a challenge, seldom get very far with any woman. The smart man smiles and moves on. It's always possible she is only one week into her two week antibiotic treatment for Gonorrhea. Who wants to win that challenge? One never has all the needed information.

The root of this problem is the idea of challenge or competition and the woman is the prize. This is the mindset of the man who thinks a woman is an obstacle to overcome on his way to sexual satisfaction. This thread is about men who want to argue with the umpire about the rules. When a penalty is called against them, they accuse the other team of cheating.
 
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