Defining rape

[Jonathan Cameron <s0343899@sms.ed.ac.uk>]

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Hello Nick,

Maybe there's an easier way forward in deciding what constitutes rape, 
which would be something like looking at case-by-case instances of 
alleged rape and applying our intuitions to the facts that present 
themselves.  I think that the only way we could express a "general 
concept" of what constitutes rape (or canis lupis) is by being 
presented with a purported example of rape (or canis lupis).  That the 
legal system needs to set out rough guidelines is understandable, but 
it is left to the judges to do what I set out above in deciding whether 
or not cases genuinely come under the rough-and-ready definitions of 
law or, more rarely perhaps, whether or not what is written is adequate 
in the circumstances under consideration.  For example, there seems to 
be consensus that Anthony is raped, but the Sexual Offences Act doesn't 
even allow that women could be guilty of committing an act of rape.  
I'd like to think that an attitude in the vein of Iris Murdoch or 
Martha Nussbaum is a good way forward; I'm not sure that 
quatificational logic will get us far.

As for the first example, I don't think it qualifies as rape at all 
because you
stipulated that consent is given.  It was a battle of moral outlook, 
and that one participant was (I'm assuming) devious and callous does 
seem to cloud the issue (I've changed my mind since I accidentally sent 
you this email!), but I'm not sure the woman could say "But I consented 
to have sex with the man who would marry me today; you're not him, 
therefore I was raped!" It's just a nasty situation.  I think our idea 
of rape is definite enough to exclude this as even a fringe example.

Best,

Jonathan Cameron




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