#metoo Issues (2) Flashcards
What is rape?
Penetration without consent
What is sexual consent?
No universal, clear definition but generally agreed to mean ‘active agreement’; lack of consciousness or extreme intoxication means active agreement is not possible; ex. the ‘passive victim’ problem
What is ‘statutory rape’?
Having sex with someone who cannot give legal consent because they are underage
What is the age of consent?
In the U.S. it depends on the State, but typically 16-18; in Thailand, the age is 15, BUT sex with someone under age 18 is a ‘compoundable offense’
What are ‘Romeo and Juliet’ laws?
Laws designed to protect young people who are close in age; minors vs. adults; in general, people who are under 18 are considered ‘minors’ or juveniles; most punishments are significantly less for minors than for adults.
Criminal justice system standard of proof
Requires high standard to prove guilt, “beyond a reasonable doubt”
Better for 10 guilty people to go free
Than for 1 innocent person to go to jail
University rules and regulations
Allowed to have different standards for students
Students can be kicked out of school
Even if they are not legally guilty of a crime
Universities may seem biased against victims
In favor of women’s rights, resulting in cases where men have been kicked out based on little evidence
Balancing justice for victims and fairness to the accused
How can we punish the guilty while not treating the falsely accused unfairly?
Difficulty of the problem
Ensuring justice and fairness is a very difficult problem
“Believe all women”
Should we automatically believe women who report sexual assault?
Famous/tough cases
There have been several high-profile cases that highlight the challenges of balancing justice and fairness
Mattress girl case
Emma Sulkowicz’s case at Columbia University, in which she accused a fellow student of sexual assault
