Re:My experience with sexual harassment in the Scala community
by eloff on Tuesday April 27, 2021 @06:34PM
(#26962786)
Ok, let's say it's a man and a women, she's the "perpetrator" and he gives consent. She's his boss and they're on a business trip and drank too much at the bar. In the morning he feels taken advantage of and deeply regrets it because he's married. Do you still stand by that?
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Re:My experience with sexual harassment in the Scala community
by dmit on Tuesday April 27, 2021 @06:47PM
(#26962942)
> she's the "perpetrator" and he gives consent
If "he gives consent", then she isn't a perpetrator. By definition.
If one of the parties gets drunk, they can't give consent. Again, by definition.
Re:My experience with sexual harassment in the Scala community
by eloff on Tuesday April 27, 2021 @06:57PM
(#26963043)
> If "he gives consent", then she isn't a perpetrator. By definition.
> If one of the parties gets drunk, they can't give consent. Again, by definition.
Say she comes on to him, and he responds enthusiastically. But he's too drunk to give consent by your definition. Then she's just committed a rape? From her POV, also drunk, she made a move, he reciprocated, all in all it was a pleasant evening.
She clearly didn't mean to commit a crime in this case, and both their judgment was impaired. Whose fault is it?
I don't think it's fair to say it's all her fault - and I don't think a court of law could find fault here, fairly, with no witnesses and no evidence.