The question of rape in the bride kidnapping video

Sandra Nisanov Phi/Law 310.08 Round 4 When you say this: "Only in the recent years and mainly in the western cultures, the dating practice of aggressive male and passive female has been slowly phased out and replaced by more equal approach of two confident in their wants and desires adults meeting up for romantic purposes. Diminished focus on social stigmas related to dating and increased urbanization to big cities, where negative reputation and notoriety is less significant than in small villages or cities, greatly contributed to women in these cultures no longer feeling an obligation to play the role of a passive female at the risk of any public shaming. In these modern cultures women can properly articulate their feelings and "no" means "yes" philosophy is less likely to be practiced. Circumstances above definitely do not apply to the case in the video. The location in Kyrgyzstan is a very rural area and showcased society seems to follow old fashion, patriarchal way of thinking when it comes to gender roles and what behavior is appropriate for women. The "no" means "yes" philosophy is very much relied on in male/female relations. It is explained that answer "No" is associated with female purity and innocence, while saying "Yes" will be identified with negatively perceived characteristic of being desperate to get married (16 mins-15 secs). A lot of importance is being placed on the idea of purity for women, as evidenced by public display symbolizing girl"s virginity on her wedding night (30 mins-30 secs). If we additionally consider that bride"s mother actually agreed to be married by kidnapping, meaning her resistance and protest was most likely a staged performance, it is virtually impossible to determine if this is a case of "No" means "No" or not (23mins-05 secs)." you are further proving my point as to why the law should address all areas as well as all individuals with the same respect. The fact that we as a society or culture are a bit more progressive here in the United States is irrelevant because there have been at least one or more instances where rape has occurred even in today's society where the location is a progressive region in the United States. The law cannot protect a man just because his traditions are different. The fact that this rape has not taken place in the United States is irrelevant because the acts that this man committed are grounds to determine a rape has taken place no matter what region you are from. Because of the traditions there, the society is more patriarchal therefore often times favoring the men in the criminal law. This does not necessarily mean that rape has not taken place."Most of the time, a criminal law that reflects male views and male standards imposes its judgment on men who have injured other men. It is boys rules applied to a boys fight. In rape the male standard defines a crime committed against woman, and the male standards are used not only to judge men but also to judge the conduct of woman victims. Moreover, because the crime involves sex itself, the law of rape inevitably threads on the explosive ground of sex roles, of male aggression and female passivity, of our understandings of sexuality " areas where differences between male and female perspective may be most pronounced." (160.4.4-7) Rape cases almost entirely disregard the defendant, and focus on the behavior of the victim, which is based on a male standard of what is appropriate behavior of a woman. (162.2-3) "The study of rape as an illustration of sexism in the criminal law also raises broader questions about the way conceptions of gender and the different backgrounds and perspectives of man and woman are encompassed within the criminal law." (160.4.1) So to make it clear what constitutes as rape cannot be different in one country then it is in another. The law must recognize rape and what constitutes as a whole. If one individual murders another one what follows is necessary punishment regardless of what region you are from. The same concept should be applied to rape. One cannot be punished differently or not even accused of a crime which would have different circumstances in the for example the United States or any other progressive region. The conduct of a reasonable man should be evaluated by the law as opposed to being influenced by a playboy Macho philosophy which insinuates," no means yes" but by valuing the words of a woman. (161.5.5) A man who claims he thought a woman was consenting, or didn"t bother to think about it should always be compared to what a reasonable man would do in that sort of situation where he would have clearly known that there was no consent present. In this case the negligence of the man who did not bother to think about mistaking the non consent for consent from the woman, should be punishable. (163.6.2)