The question of rape in the bride kidnapping video

Sandra Nisanov Phi/Law 310.08 Round 1 Author Patricia Smith makes it clear on what grounds and individual should be convicted of rape and she works beyond basic ideologies to show that rape in fact has occurred in some situations where it would be easy to think otherwise. Patricia Smith provides evidence to show that the kidnapper in the video in fact is guilty of rape. Most importantly she recognizes the distinction between negligence and purposefulness but stands firm that it is quite irrelevant to establish which of the two it is when convicting an individual of rape. She claims as follows: 1)In society both men and women have gotten used to the norms of male aggressiveness and female passivity. (161.5.2) 2)Most cases of rape are complex when no physical injury is inflicted. (160.7.4) 3)Rape is not the only crime where the relationship before the crime took place between the characters is considered by prosecutors in screening the case, but it has yet to be questioned whether or not considering the prior relationship in rape cases is less justifiable or different than considering it in an assault case. (160.2.4) 4)At times there can be a situation where there has been some time elapsed between the force and the intercourse. This situation is never the less threatening even if no explicate threat of harm has been communicated. (167.5.4) 5)Practically all jurisdictions have adopted "force" or "threat of force" grounds to which determined a rape has occurred. (167.5.1) 6)The central role of consent in the law of rape exists to protect a women"s autonomy and a women"s choice in the case of sexual relations. (175.4.1) 7)Women often feel that "in this position many women who say "yes" are not in fact choosing freely but are submitting because they feel a lack of power to say "no"." (177.5.1) 8)Kidnapee states "since I was already taken, they wouldn"t leave me alone anyhow so I knew I have no choice." (27.15) 9)When Bride is asked how she feels at the moment she explains how she wanted to cry earlier but now she is extremely tired. (26.27) 10)"Understandably some men in our society have honestly believed in a different reality of sexual relations and that many may honestly view such situations differently than woman. But it is precisely because men and woman may perceive these situations differently and because the injury to woman stemming from the different male perception may be grave that it is necessary and appropriate for the law to impose a duty upon the men to act with reason and to punish them when they violate that duty." (166.6.2) 11)The conduct 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) 12)"So, too, for threats of harm short of physical injury and for the deception and the false pretenses as methods of seduction. The powerlessness of women and the value of bodily integrity are great enough to argue that women deserve more comprehensive protection for their bodies than the laws of extortion or fraud provide for money." (181.2.1) 13)Through law men have a duty to be alert, keep their eyes open, and be sure of their situation before engaging in sex. A woman must be given credit for knowing that what she speaks is true instead of reading her mind. A blameworthy choice has been made by a man if he has the inherit capacity to act reasonably but fails to do so, which would result directly in the violation of the duty to which he was appointed. Regardless of the fact that negligent acts are less great than the acts imposed by purposeful conduct, being negligently sexually penetrated is still a grand issue. " Being treated like an object whose words or actions are not even worthy of consideration adds insult to the injury." Part of the injury of rape is the dehumanization that ensures the denial of autonomy and dignity; and this can be demonstrated in both purposeful rape and negligent rape. (166.7.2-5) 14)Some feminists have argued that there needs to be a political revolution in order to counteract the traditional approach to rape, which is a failure. Unfortunately in most cases what passes as sex in our society, is in reality coerced. There cannot be any distinction between rape and what occurs in many bedrooms across our country. (161.3.2) 15)"If in 1986 silence does not negate consent, at least crying and saying no should."(161.5.6) 16)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) 17)A negligent rapist is still a rapist and should be punished. It is justifiable that knowledge of the risk is sufficient enough to determine blame. (165.5.1-2) _______________________________________________________________________ 18)The kidnapper is guilty of rape. Although this kidnapper seems to have overcome the female where she feels she has no choice but to go along with his plan; that does not provide legitimate means to prove that he is not guilty of rape.