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  • Punishment should lie with the proof.

    Fact is, rape is difficult to prove in many cases because of lacking evidence. Even if a woman has bruises on her vagina, it can always be explained with rough consensual intercourse.

    This is why sexual history has to be considered for both parties involved as well as character.

    So, if an outstanding male citizen with not even uncommon sexual history is accused of rape by a woman with a very questionable sexual history, all the facts must be considered.

    The world is not black and white and neither should punishment.

    I believe in the even of certain rapes, it really is a grey area and if the man must be convicted for being ignorant, let's say, he shouldn't serve the same sentence as a man who violently assaulted a woman.

    Consider that the separation. You condemn a man who went on a date and was more aggressive than he should have been due to alcohol or miscommunication to the same fate as a man who willingly pursued a woman, tied her down, beat her and raped her.

    That sound fair?

  • Absolutely!

    There is a big difference between a guy that I don't know coming from nowhere and forcing me into a dark alley than a date rape. A date rape in my definition is when I originally plan to sleep with the guy, then at some point during the evening, perhaps even after having kissed him, he suddenly says something to turn me off and I change my mind. However, he decides that since we have already gone part way, he doesn't want to stop. The stranger rape would traumatize me far more than a possible boyfriend refusing to accept the word "no". I do change my mind based on what a guy says, yet i would feel like an idiot if I tried to get him convicted on current rape charges. If the law were changed so that I could convict him of lesser charges, than I would do so, to teach hm to pay attention to way I am saying. That I actually have a right to change my mind. Also, the men who date rape, don't realize that they are actually raping a woman. By getting it out in the open, men would realize that this behavior is not acceptable. This is why the crime should be a lower offense. However, I have the feeling that men would not want this type of law. Because currently they get away with it all the time. If this type of law were put on the books, women would be more likely to prosecute. And this is exactly what these type of narcissistic males don't want. More importantly women need to know how to prevent date rape. It wasn't until I was 30, that I learned to say "go ahead, I will have my lawyer contact you in the morning. I look forward to taking your money." This stopped the date rape cold, and I was able to leave. Saying "No" does not work, and women should be taught the "my lawyer will contact you" defense.

  • Its your fault

    if you decide to go on a date with a person and they decide to rape you its partly your fault. You made the conscious decison to go out with this person. So maybe your just a bad judge of character. Therefore date rape should be a lower offense than rape.

  • both parties agreed to interaction and sexual attraction.

    date rape should be a lower offense, girl and guy agreed to see each other and giving access to themselves. So in doing that, she/he is conceding the risk the other person would do something, especially in online dating. It should be lower because the victim is already letting the predator a physical chance right off the bat.

  • Oversimplified

    The argument that "rape is rape" fails to take into consideration the different contexts that lead individuals to commit these crimes (always an important consideration when killing is involved, so why not here?). What constitutes consent varies across cultures and between individuals. Especially when considering "date rape," there are emotional nuances and social pressures to take into consideration. It is undoubtedly still a felony deserving of extreme punishment, however, taking an oversimplified stance on the subject of sexual crimes does not advance the discourse, nor does it aid the victims/perpetrators/society-at-large. The complexity of sexual crime demands a more nuanced approach to prosecution.

  • Yo mom is so fat she exploded

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  • Lesser offense rape

    Rape that takes place between personal acquaintances without injurious violence should be classed as a minor offense ("misdemeanor" in most USA jurisdictions). It should not be called "rape" because of the images of psychopathic attacks it conjures in people's minds.
    If a dating couple are having a sexual interlude and she (it's not always the female but usually) doesn't want intercourse but he overpowers her and copulates with her without doing her any physical injury, it should be a sexual assault but not "rape."
    If they are copulating and she tells him to stop, but he doesn't and ejaculates in her, without inflicting injury, it should be an infraction (non-jailable minor offense), not "rape."
    Any unwanted sexual contact for which the evidence is on the level of "she said" vs. "he said" should not be punishable at all. A school that receives repeated complaints of unwanted sexual contact by an individual should be able to restrict, suspend or expel without having to refer for criminal prosecution.
    Advice, mainly to women: Don't start what you aren't willing to finish. Same goes for the men.

  • It always depends on the circumstances

    It's already been covered that idea that "rape is rape and should have the same punishment however it occurs" is an approach that wouldn't be applied to most other crimes. The term "date rape" can mean any non-consensual sex that takes place in an existing social encounter. If the social encounter is intimate and a woman is less than willing to have intercourse but, due to alcohol passively goes along and then later regrets it, or even if she is already naked and intimate with someone who then pushes things too far, she cannot have the same trauma as someone who is forcibly violated. Nor would I think that her partner deserves the full penalty of law for such an assault. Some people talk about murderers and rapists in the the same breath as if there was a homogeneity of evil. Rape is always wrong and deserves punishment, but the assault and its impact should be considered.

  • Rape is Rape

    I don't care if yes was the answer earlier or you think she or he "owes" you something because you paid for dinner. Or if the you or they were drunk. Rape is rape. If you had sex with a person and they didn't enthusiastically consent, then THAT IS RAPE.

  • Are you kidding

    Rape is rape. Yes, lets go over that again shall we? Rape. Is. Rape. No matter the person, the circumstance, the clothes, the alcohol, anything, rape is always rape, if the person does not or can not consent then it is rape, need I say anymore?
    Consent is important, non consent is absolutely 100% wrong.

  • It's still RAPE

    Rape is rape. Just because there were drugs in there doesn't mean that it is lower than rape. A person got violated. It's still just as emotionally scarring! What were you even thinking while making this debate? Really... Are you an idiot? Because seriously, this is just plain wrong!

  • Start out with rape is rape first

    Recently a 13 year old girl took her 41 year old abuser to court and he waked away with no prison sentence because she 'looked older than she was' and was described as 'predatory'. Rape is rape whether you 'look older', have had sex with many different partners before or went on a date with the rapist before. We haven't even gotten to the point where we can defend 13 year old girls - let's get the basics right first before we start making loopholes for these criminals.

  • RAPE is RAPE.

    No matter WHAT situation the rape occured in, whether is be stranger, date, acquaintance or "gray" rape, someone FORCED themselves into another person without their consent. Trying to make some instances of rape worse/more acceptable than others just trivializes the suffering of those that are raped. And it's NOT "your fault" because you decided to go out with them. Because then you're telling me I should never go anywhere with a man, ever. No matter what. Because he might rape me. And then it's my fault.

  • It's still rape

    Date rape is generally defined as rape occuring between two people who know each other or are in some kind of intimate relationship already. To me, this does nothing to differentiate the rape itself; it doesn't matter WHO's raping someone, only that they're being raped. It doesn't make it any better that it comes from someone you know.

  • I didn't even know there was an argument between the two.

    Date rape is just a subcategory of rape to describe how the rape occurred. (Normally the use of drugs or alcohol are involved, but it actually has nothing to do with going on a date with someone.) I've never actually seen anyone debate this topic actually, I could understand a debate for lowering the offense of statutory rape, simply because it's between two consenting people, just one of them is underage (although there should be limits to the difference in age of course, an example being a relationship between a 16 and 19 year old is understandable, a 35 and a 12 year old on the other hand is obviously pedophile territory, and thus deserving of extreme punishment.)

    That being said however, rape laws are way too screwy to begin with. A man and a woman can go to a bar, knowing or not knowing each other. the man could have lets say, 12 shots, the woman 4 shots, both in 2 hours. The man is clearly drunk, over the limit, the woman may be a tipsy and nearing the legal limit. They go home with each other, have consensual sex, nobody was forced to do anything they didn't want to, everybody was completely conscious and active the whole time. The next morning the woman wakes up, regrets that she slept with this man, and thus files a legitimate rape report against the man. Is he guilty of rape by the definition of the law today? YUP! Which is big pile of BS. If anything from the scenario I just described, he would have been less capable of agreeing to consensual sex, and thus she would be raping him.

    Additionally, a woman doesn't even need to have any type of sexual contact with a man to accuse him of rape. A woman can walk into a police station, accuse John Doe of raping her, tell the police where he lives or works, without a shred of evidence, and they will go there, arrest him in front of the whole world, clarify he's being arrested for rape, it will subsequently be placed on his record that he was investigated for a rape, and even if he's found not guilty, or it's dismissed due to a lack of evidence, or even if he has an alibi to prove he couldn't have done it; the man will always have the social stigma of being accused of a rape, will most likely lose his job the moment the arrest is made, and any friends, spouses, children, family members will now be skeptical of this man. Once again without a single shred of evidence. What happens to the woman if the man proves she was lying? Nothing, because there's rape shields to protect the "victims" and to persecute men. (She may be trialed for filing a false police report or perjury, both which are slaps on the wrist).

    I'm not advocating protecting rapists in any way. In fact I think the penalty for rapists should be more severe than it currently is. But in order to accuse someone of rape, or any sexual crime, and the arrest being made should be handled a lot more delicately, and all parties should be protected from exposure until a verdict is reached due to the sensitive nature of the crime.

    Additionally, if the woman is found to be lying, not if the man is found not guilty, but if there is proof the woman lied about this particular man, that she named by name, raped her, she should be labeled a sexual offender, sentenced as a rapist would be sentenced, and no rape shield law should protect her from being on the news about lying about such a serious crime.

  • lol?

    I don't see what the difference is between "date rape" and "non-date rape". Either way there's two people, one of whom is getting raped by the other. It's still rape no matter how you cut it, so I can't really anticipate any good argument being made that they should be treated differently.

  • It's still rape.

    Date rape is just the same as rape: non-consensual sex. It should not be a lower offense just because they know each other. They should both be equally punished in law. In neither of these circumstances does the victim consent to having sex, so in my eyes, they're the same offense.

  • I oppose making date rape a lower offense than rape because, no matter how it occurs, rape is rape.

    It should not matter if you know the person that raped you or not. It is still a violation of your body and spirit. Just because you were on a date with them, it does not make it a lesser offense than if a stranger took advantage of you and raped you. Rape is rape, no matter how it happens.

    Posted by: TMacias

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Anonymous says2013-08-07T08:12:32.657
What is wrong with some people? Rape is rape. Agreeing to go on a date with someone does not mean you agree to have sex with them. The fact that 14% think that it's somehow a lesser crime than being raped by a stranger makes me want to leave this planet.
Anonymous says2013-09-11T17:46:55.250
*Sigh*
>People actually thinking that all crimes that are committed are black and white, and that the myriad of circumstances surrounding the crime should not be taken into account in any way shape or form.
>"Justice"