Comments | impysh: Legal rulings make for long reading

impysh

Legal rulings make for long reading

Jun 28, 2013 13:43

26. Thus while, in a physical sense, the acts of assault by penetration of the vagina are the same whether perpetrated by a male or a female, the sexual nature of the acts is, on any common sense view, different where the complainant is deliberately deceived by a defendant into believing that the latter is a male. Assuming the facts to be proved as ( Read more... )

trans, aaargh

Comments 4

anonymous June 28 2013, 13:21:18 UTC

(Josh here.) Yeah, very sensible. I'm completely with you about the apparent inconsistency here, and I also agree how deception can't necessarily invalidate consent. Is every teenage boy who says "of course I love you" a rapist? I think not, but that's a side point.

Quick question- "However, this is inconsistent with the argument which occurred in 2011 when their partner claims that they found out, and also their purchase of condoms before sex [...because apparently condoms can only be used on penises now?])" What do you mean by this? Granted- there are any number of ways to use a condom that don't involve a penis (I'm told they're very good for carrying water in survival situations) but surely, it doesn't seem unreasonable to say that if a young girl buys some condoms before a sexual encounter, she is expecting a penis to be involved in said sexual encounter?

luvlymish June 28 2013, 22:39:46 UTC

I've bough condoms for an encounter with a woman before now. No, we weren't expecting a man to be involved, nor were we using them as replacement dental dams.

(The comment has been removed)

mostlyfoo June 30 2013, 10:05:21 UTC

And some suggest colour coding them pg.36

mostlyfoo July 1 2013, 16:48:59 UTC

Yeah I intended to write a long response to this but I think you've had most of the frothing in person and over IM so maybe I can get more structured thoughts here.

I just can't get over the list of other things you're allowed to lie about without disrupting legal consent while apparently trans status isn't among them. There's some interesting discussion on this by Jane Fae in the Newstatesman discussing the impact both of this bullshit and additionally the undercover police members having sex with activists you know ... to keep their cover ( ... )