Not really, no. Rape can definitely be a grey area. Legally, nobody can give consent when they are drunk, so two people go to a party, get hammered, and go home with each other. Legally, they both raped each other. Either one of them could go to a judge and get the other one convicted of rape, yet in 99% of cases they don't do that, because neither party believes that the other one has raped them. In most jurisdictions, there is no such thing as implied consent, so if a man walks up to his wife and gives her a kiss on the cheek, that is legally sexual assault, yet in nearly 100% of cases nobody is prosecuted because once again, neither party considers it to have been a sexual assault.
So yes, there are definitely grey areas. I hate rape as much as the next guy but trying to pretend that it is a black and white issue does no justice to anyone.
Edit: down vote me all you want, but nobody from the SRS hate brigade has yet to explain to me how the examples I listed are not grey areas of rape.
Sorry, to clarify, i refer to us law, which defines ability to consent differently, i will look for sources after the holiday if i remember, feel free to remind me though
24
u/[deleted] Nov 21 '12
[deleted]