LogFAQs > #881179916

darkphoenix181 posted...

Pogo_Marimo posted...

That is only logical if we presume the methodology and definition the CDC uses is correct or accurate, which is patently absurd. The CDC uses an overly broad net to define rape, which ends up adding in a disproportionate amount of sexual encounters that neither party would actually consider rape--Which is the first major qualifier for if something is rape. Or, in other word;

By the CDC's flawed defintion and methodology, men are raped nearly as often as women.

The point being that the CDC's report is scientifically flawed, not that men are actually raped as often as women.

Again, another quote from the article to drive home this point.

"It is safe to assume that the vast majority of the CDC’s male respondents who were “made to penetrate” someone would not call themselves rape victims—and with good reason"

You are missing the princple premise of this article.

then what should define being raped?

That is not a simple question to answer, hence the criticism of the article. Rape is a far more subjective crime than most and it is not an issue that a society could hope to handle with perfect justice.

Consent and capability to consent are obviously the largest compelling factors. The presence of resistance ("No", pushing away, forced restraint, ect.) can be used to argue the affirmative. A long-term sexual history can be used to argue the negative in some cases, such as the stringency by which one may consider inebriation in regards to capability to consent could be influenced by how frequently consensual drunk intercourse has occured between the two parties. The number of possible compelling factors are difficult to consider.

No matter how you frame it, without evidence of physical violence (Like cuff bruises, scratches, vaginal/anal tearing, ect.) or a confession many cases will inevitably devolve into unsavory and difficult cases of witness testimony. There is no way by which to avoid that unless we infringe upon the rights of the accused and the fallibility of law.
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