even with consent you can still have statutory rape, though it’s debatable whether that’s a “natural” subcategory of rape
Which seems ridiculous to me. And that isn’t an objection with respect to people should being punished for what is called statuary rape. It is an objection to the crime against language!
I’d say it falls naturally out of the construction of consent, actually. Looks pretty different from a consequential perspective, but from a deontological one the only relevant problems show up around the consent-capable/consent-incapable border, or relate to what to do when both partners are considered incapable—none of which is much of a surprise if you’re using a consent criterion. I’m pretty sure there’s similar strangeness in contract law.
There’s some more or less analogous stuff going on in the earlier property-crime construction, too.
(also, even with consent you can still have statutory rape, though it’s debatable whether that’s a “natural” subcategory of rape)
If I’m not mistaken statutory rape is based on the age of consent. The law is claiming that the people do not have the right to consent to such acts, much in the same way that children many times do not understand what is happening in cases of pedophilia.
Specific laws and ages of consent have problems and flaws, of course. But when you say “even with consent,” that is what people are disagreeing about. Do they really have consent?
Not True consent. Because we want to call the sex ‘rape’ and rape is forcing someone to have sex with you without consent. So what they did when they said “I want you baby. #$%# me now.” then tore of the clothes of the ‘rapist’ and forced them down on the bed couldn’t have been consent. Consent in this context must mean “whatever it takes for me to not call the act rape”.
Repeated disclaimer: This isn’t a claim about morality or what punishment is appropriate for any given sexual act. It’s about word use!
In many traditional cultures marital rape is/was not considered as rape.
(also, even with consent you can still have statutory rape, though it’s debatable whether that’s a “natural” subcategory of rape)
Which seems ridiculous to me. And that isn’t an objection with respect to people should being punished for what is called statuary rape. It is an objection to the crime against language!
Won’t somebody think of the statues?!
I know, the poor statues already get enough unwelcome deposits from seagulls and pigeons. They certainly don’t deserve any more!
I’d say it falls naturally out of the construction of consent, actually. Looks pretty different from a consequential perspective, but from a deontological one the only relevant problems show up around the consent-capable/consent-incapable border, or relate to what to do when both partners are considered incapable—none of which is much of a surprise if you’re using a consent criterion. I’m pretty sure there’s similar strangeness in contract law.
There’s some more or less analogous stuff going on in the earlier property-crime construction, too.
If I’m not mistaken statutory rape is based on the age of consent. The law is claiming that the people do not have the right to consent to such acts, much in the same way that children many times do not understand what is happening in cases of pedophilia.
Specific laws and ages of consent have problems and flaws, of course. But when you say “even with consent,” that is what people are disagreeing about. Do they really have consent?
Not True consent. Because we want to call the sex ‘rape’ and rape is forcing someone to have sex with you without consent. So what they did when they said “I want you baby. #$%# me now.” then tore of the clothes of the ‘rapist’ and forced them down on the bed couldn’t have been consent. Consent in this context must mean “whatever it takes for me to not call the act rape”.
Repeated disclaimer: This isn’t a claim about morality or what punishment is appropriate for any given sexual act. It’s about word use!