"Date Rape"

Essay by Nikki18University, Bachelor'sA+, November 2004

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In this article, Lois Pineau doesn't really argue the point of whether or not date rape is wrong, but more of how it is seen in a courtroom. In Pineau's article she first states the opposing side (the male/court's perspective) on date rape, and then follows it up with her argument disproving their explanations. Pineau defines date rape as "no aggravated sexual assault, non-consensual sex that does not involve physical injury, or the explicit threat of physical injury" (LaFollette, p.410). However, she brings up the fact that physical injury is often the condition that is accepted as evidence that proves that interaction was non-consensual. The first point says that the actions that made it logical for the man to think she consented, will most likely also be believed by the court. On the contrary, the woman's voice is missing from all of this. The next point stated that a definite expression against the act should be adequate to show non-consent, but the overriding of this expression is seen as an indication that the resistance was not seriously intended.

Next in the article, Pineau states the different rape myths that are commonly heard in a courtroom. The most common is the "she asked for it" remark, saying that the woman provoked the sexual incident. They say that "a woman who is sexually provocative deserves to suffer the consequences" (LaFollette, p. 412). The next myth was that a man's sexual need reaches a point where it is uncontrollable and natural aggression takes over to make sure his sexual needs are met; the women's job is to not provoke the man or else she is subjected to the inevitable (LaFollette, p.413). Society's view is that women should repress their sexual desires, however women do want to indulge...