I worry that this jury's decision will send the wrong message.
So let's review: people who are drunk are incapable of giving informed consent. Period.
Also, I really just don't get this jury's decision. Even if the young woman were enthustiastic about the enterprise, it's still child pornography, isn't it?
This jury was just wrong.
In other news, Italy found that women wearing jeans by definition cannot be raped. I worry this will send the wrong message.
So let's review: informed consent is sober, considered, and explicit. It is not implied by protesting too little, fighting back too little, or lacking the forcefulness to repel an instructor in a position of power and responsibility over the person being assaulted.
Italy's supreme court is just wrong.
Which leads to another point: even otherwise informed consent is tainted by a coercive relationship (instructor-student, laywer-client).
So just don't do it.
Wednesday, March 08, 2006
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