Re: Defining rape

[Luis Johnstone <luisjohnstone@onetel.net>]

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Greetings,

What about mental rape? Perhaps an example from science fiction won't 
cause those who think that telepathy is impossible to lose any sleep.
However, it seems to me that the focus thus far has been on 'discussing' 
(despite suggestions to the contrary, it seems that a definition is 
what's being developed) rape in very superficial terms. Anyway, I'll 
suppose that telepathy is possible in the hopes that it'll help us get 
clearer on what it is important here.

So, assuming that someone could be mentally violated, how does this gel 
with our cases of physical assault and does this yield us a necessary 
condition?

Respectfully,

Luis Johnstone


Jonathan Cameron wrote:

> To reply to this message or start a new topic please email: 
> BUPS-DIS@bups.org
>
>
> 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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