''Well you can't have the cake and eat it too. You can't raise an issue and expect me not to raise a justification for why it's there. You raised the concern about sexual motivation, I noted that it is wrong to suggest that all sexual assaults are motivated by sex, many theorists would argue there is a concern of psychodynamic manifestation, where the male seeks to overpower the female in the situation and sexual assault is one of those ways, the motivation on that account is open for discussion.''
Yes ofcourse not ALL rapes are sexually motivated. However, when society makes laws, they make them generally or for the majority of situations. So my arguments are based on the notion that the majority of rapes r sexually motivated. And as for the ''psychodynamic manifestation'', I see their point. But in my opinion, in general, if the girls were covered up, they wouldn't be excercising this power over females (as in like not via sexual assault). Also, I dont think u could blame ''psychodynamic manifestation'' alone, for rape. Sure that would contribute, but I think sexual motivation would also play a part (generally).
''To the best of my knowledge provocation is partial defence all round unless legislation otherwise suggests.''
Oh ok, well im practically positive it isn't a complete or partial defence for assault.
''You can't be guilty of not taking precautions, these are acts against a person, this is not Workers Compensation cases we are dealing with where an employer needs to take precautions. The fact is if you dress indecently and expose too much, then you are offending, however if your dress is not an indecent exposure, then you are fine in the eyes of the law. You can't be provoked by something that tempts you only. If a girl walks past a guy and she is wearing a mini-skirt and he attacks her, she has not provoked him. A provocation would be she would go up to him and make a comment or approach that would offend or the lik''
Ofcourse u can be guilty of not taking precautions. So ur telling me that if an attractive girl walked into a bikie bar naked and sat right in the middle of the bar strutting her stuff and the guys sexually assaulted her, she wouldn't be guilty of failing to take precautions? Now, obviously this is an extreme situation. But if u say, yes, she is guilty of not taking those precautions, then the issue becomes - to what extent can a girl reveal herself for her not to be guilty of not taking precautions. You may say that the law draws the line as to what extent a girl can reveal herself for her not to become guilty of not taking precautions (ie. through laws about indecent exposure), but chances are, the law is wrong (I realize this is subjective btw). And if u say no she's not guilty, then sorry to say but ur quite lost. Also, in this case, I think most of us would agree that she has infact provoked these men. It's a matter of common sense.
''Perhaps. But if the latter girl was gang-raped and humiliated and even vilified based on race, then the community would tend to feel sorry for her more. The situation here is the offender themselves.''
Yes ofcourse in that situation the community would feel sorry for her more. And no ur wrong, its not the offender, it's the offence. They would feel more sorry for her because the crime committed against her was much more heinous than just a single man rape. So going back to my hypothetical...I was talking in terms of like if the exact same offence was committed to both these women. The offence is the same, but the offendee (I dont think thats a word lol but anyway) differs and as a result the emotional response evoked in many of us would differ for the reasons mentioned before.
''How can you suggest restricting what people wear, because some people who lack self control, have encompassed poor-child rearing, and have been with their offending mates most of their lives, decide to prey on an innocent person. Innocent in the way they are not associated with the offender.''
It's called taking preventative measures. It's funny how society today is so fond of ''prevention rather than cure'' but when it comes to the way we dress, noone decides to apply this notion.