From: lawbkwn@buacca.BITNET (Yaakov)
Newsgroups: rec.org.sca
Subject: Rape and weapons at War
Date: 23 Jul 92 21:45:53 GMT
Organization: The Internet

Unto all who read these words, greetings from
Yaakov.

I have read the postings on the subject of
rape and sexual harassment at War with
sadness.  Not because the warnings should
not be given--on the contrary!--but
because I still cherished, in my naive heart
of hearts, a hope that the SCA might still be immune
to this blight. (What can I say, I judge
all by the standards of those around me.)

However, all sadness is in vain, save it
move to action. I therefore wish to make
one point and ask one question.

Point: If you carry a bodice dagger,
you may violate the state (and local)
concealed weapons rules.  I took the
trouble to look up the PE weapons laws
and discovered the following:
(All cites are to Purdon's PE Statutes
Annot)ted)

Title 18 Part I Chapter 9
sec. 908
A person commits a misdemeanor if ...he makes,
sells, or otherwise deals in, uses, or possesses
any offensive weapon (except as authorized by law).
 (b) Exceptions
It is a defense under this section for the defendant
to prove, via a preponderance of the evidence that he
possessed or dealt with the weapon solely as a curio,
or in a dramatic presentation...or that he possessed
it briefly in consequence of having  found it or taken
it from an agressor, under circumstances similarly
negativing any intent or likelihood that the
weapon would be used unlawfully.

 (c) Definition--as used in this section "offensive
weapon" means  ...any blackjack...kinife, razor or
cutting instrument , the blade of which is exposed
in an automatic way by...or other implement for
the infliction of serious bodily injury which
serves no common lawful purpose.


Article IV Offenses against the Public Peace

sec. 4416 Carrying deadly weapons

(a) Whoever carries any ...dirk-knife, razor,
or other deadly weapon concealed upon his
person, or any knife, ...with the intent to
unlawfully and maliciously do injury to any
other person, is guilty of a misdemeanor, and
upon conviction thereof shall be sentenced to
pay a fine not exceeding $500, or undergo
imprisonment not exceeding 1 yr.

(b) Whosever is convicted of committing a crime

(part (b) deleted as irrelevant)

I make no comments on this, or whether
bodice daggers etc. fall within this
category. I am a third year law student, and
I cannot ethically give legal advice.
I mere cite these publically available
statutes for informational use only!

I must stress that this is the law of PE.
Your own state law probably varies.
Also, under a PE law I cannot find at
the moment, local counties can make their
own concealed weapons laws.

(Personally, I do not go armed at War except
for my staff. It's good for walking and is
(for me anyway) a much better weapon than
a dagger or sword.)

2) The Question: Clearly, it is the moral
responsibility of us all to prevent rape
or harassment.  However, how does one tell
where consent leaves off and harrassment begins?

(Allow me to state, briefly, my point of view.
I am a trenchantly monogamous married man, who
does not believe in 'open' relationships.
So I am not asking 'How far can I go?' but
How can I, the host of my campsite, tell
the difference between a public display
of affection, courtship ritual, and harassment?)

One gentle described an incident where he saw
someone molesting a teen 'too drunk to feel or
care.' But, how can one tell, without knowing them,
that they are not a couple?  'No' means No, but
does no response mean no?  And, here is the sticky
point, how is the consciencious host to discover it?

This may not be a fit forum for this
conversation.  If that is true, please
email responses rather than posting.  Quite
frankly, it burns my blood that now my
fine compliments and courtesy must be viewed
with fear and suspiscion rather than graciously
accepted.

In service and sorrow,
Yaakov
Newsgroups: rec.org.sca