Subject: Rape contd.

From: [email-masked]
Date: Fri, 15 Sep 2000 16:54:05 EDT

Criminal sex is not always rape and rape is not always criminalized: sodomy, 
fellatio and cunnilinguus, bestiality, etc. in the first case; shariyya, 
where it is a tort, not a crime (except in special cases), on the other (some 
versions of shariyya disagree on this, I gather). 
Force is not necessary for rape -- the drug cases show this, unless slipping 
someone a mickey counts as a use of force (and {bapli} is about fuzzy enough 
to let such an argument get started). Nor is it sufficient -- see the 
dominatrix case from ken (forthcoming to the list). A fortiori, the threat of 
force should not play a role either.
But it does seem to, in the sense that one may give permission or, at least, 
cooperatively accede to demands ("spread legs") under a threat, so that at 
least first order willing the event occurs. But one is inclined to think 
that it is still rape in the absence of second order willing (a good reason 
for Lojban to be short on volitional concepts -- they're a mess). 
Only genuine consent (at least second order willing -- maybe third) can 
prevent it being rape when violence plays a role. Without the intimation of 
violence -- or other abnormal influences (hypnosis rather than chloral 
hydrate) -- probably given permission, maybe even just overt accession to 
suggestion, is enough. Or maybe just failure to protest when protest is 
appropriate. And these latter seem to work in less controversial cases than 
rape.