Let's Talk Consent

Recently as I'm sure you've heard, In Ohio a 16-Year-Old girl was gang raped by members of a high school football team. I don't know all the details myself, but I do know that the media has chosen to...sympathize with the footballers who raped her and put it on youtube? Because we should allow monsters to get away with heinous crimes, so they can have a good life after they've ruined another?

Details about the incident in question found here: http://www.huffingtonpost.com/2013/03/17/steubenville-rape-trial-verdict_n_2895541.html

When it comes to this sort of thing, I've kind of old fashioned. An eye for an eye. They ruined a life, in return, their own rights to a good life are forfeit. I hate when a tragedy comes up, something like this or poor Tyler Clementi ( http://en.wikipedia.org/wiki/Suicide_of_Tyler_Clementi for details) and the defense is "lets not ruin another life over this". The heck with that. If you are responsible for causing the destruction or pain and suffering someone because you were being a dick, or worse, you deserve everything the law can throw at you.

Firstly my heart goes out to this poor girl. Not only has one of the most heinous acts a human can do to another been done to her, her rapists are being made to look like the victims of this situation. I heard somewhere they attempted (and failed, thank what little good there is left in the world) to use the defense that it was consensual because she didn't say no.

I also wish I could say this was the first time I'd heard this defense. It's not. It is true, no means no. But that does not mean lack of no means yes. So let's talk about consent

• If someone gets punched, we don't assume the victim allowed it.
• If someone steals, we don't assume the victim consented because they didn't say no.
• If someone commits murder, we don't assume the victim was willing because they were unconscious.

Do you see the point? Now I shall talk about the definition of consent, according to several online dictionaries.

Dictionary.com Says:

Consent:

1. As a Verb: "To permit, approve, or agree; comply or yield (often followedby to  or an infinitive): He consented to the proposal. We asked her permission, and she consented."
2. As a Noun: "Permission, approval, or agreement; compliance; acquiescence:He gave his consent to the marriage."

See the pattern? Neither of these are passive. I've heard the term "dubious consent". Here's the thing. That's not consent. Unless the person in question says "yes", there is no consent. So if the person in question is unable to consent, that does not count as consent.

Next up: Merriam Webster Online.

1. As a Verb: : "to give assent or approval : agree <consent to being tested>"

Do you see the pattern yet? Consent is not a passive act. You can rape someone without them saying no. If they are unable to speak, consider it rape. If they are unable to say no, consider it rape. If they are unable to say yes, consider it rape. If they do not actively express that it is okay, consider it rape!

Capiche?

Furthermore. The whole "the victim might be lying". The victim didn't put the photos and video on the net. That was her rapists being dicks, as previously mentioned.

The digital age. Ruining lives worse then ever because people can be dumb dicks when they commit illegal acts. Making defense attorneys cringe every day.