sex was in the air
February 25, 2011 8:28 AM   Subscribe

A convicted rapist will not go to jail because a Manitoba judge says the victim sent signals that "sex was in the air..."

through her suggestive attire (tube top and heels) and flirtatious conduct on the night of the attack. In other words, every woman in Manitoba out on a Saturday night is asking for it. This was just a “case of misunderstanding signals and inconsiderate behaviour" by a "clumsy Don Juan."
posted by anya32 (19 comments total)

This post was deleted for the following reason: this is a terrible thing that happened. That said, it's a "look at these assholes" post that is already turning into the predictable hurfdurfery. -- jessamyn



 
Queen's Bench Justice Robert Dewar called Rhodes a "clumsy Don Juan" who may have misunderstood what the victim wanted when he forced intercourse along a darkened highway outside Thompson in 2006.

No. Rapists don't "misunderstand," but they arrange situations whereby they can use this defense. In other words, Justice Dewar is a fool.
posted by muddgirl at 8:30 AM on February 25, 2011 [1 favorite]


High pollen count that day?
posted by spicynuts at 8:32 AM on February 25, 2011 [2 favorites]


Sickening.
posted by zarq at 8:34 AM on February 25, 2011


In other words, Justice Dewar is a fool.

I think "fool" is very very generous. Misogynistic patriarchal scumbucket would be closer.
posted by kmz at 8:35 AM on February 25, 2011 [7 favorites]


I guess tomorrow night all rapists can go to a club a rape whoever shows some skin. The law supports you, guys!
posted by Tarumba at 8:35 AM on February 25, 2011 [1 favorite]



No. Rapists don't "misunderstand," but they arrange situations whereby they can use this defense. In other words, Justice Dewar is a fool.
posted by muddgirl at 8:30 AM on February 25 [+] [!]




Well they probably can misunderstand, in some rare cases. But that can never become an admissible defense.
posted by Stagger Lee at 8:37 AM on February 25, 2011 [1 favorite]


I think this is the first time I've ever heard a rape described as "inconsiderate."
posted by thudthwacker at 8:37 AM on February 25, 2011 [2 favorites]




omg, the card cheat, that story is atrocious too!

"A police officer who suggested women can avoid sexual assault by not dressing like “sluts” has apologized, saying he is “embarrassed” by the remark and that assaulted women are “not victims by choice.”
posted by anya32 at 8:43 AM on February 25, 2011


I was prepared to read the article and find that, as is often the case, this matter is actually more complex and nuanced than the inflammatory quotes in the post would suggest.

But no, this one is pretty much as advertised.
posted by brain_drain at 8:45 AM on February 25, 2011


One thing that's not obvious from the post is that he was still convicted, but the sentence didn't involve jail time.
posted by burnmp3s at 8:46 AM on February 25, 2011


Well, that is kind of implicit in the phrase "convicted rapist," burnmp3s, isn't it?
posted by koeselitz at 8:48 AM on February 25, 2011


One thing that's not obvious from the post is that he was still convicted, but the sentence didn't involve jail time.

That's addressed by the judge:
Rhodes pleaded not guilty at the trial on the basis he thought the woman had consented. Dewar rejected his defence -- but said aspects of it can now be considered in sentencing.

"This is a different case than one where there is no perceived invitation," said Dewar. "This is a case of misunderstood signals and inconsiderate behaviour."

Dewar said he didn't want to be seen as blaming the victim but that all of the factors surrounding the case must be viewed to assess "moral blameworthiness."
Again, this guy is either too biased to be a judge or too stupid.
posted by muddgirl at 8:48 AM on February 25, 2011




One thing that's not obvious from the post is that he was still convicted, but the sentence didn't involve jail time.


Post starts:
"A convicted rapist will not go to jail..."

Seems pretty obvious to me!
posted by Stagger Lee at 8:49 AM on February 25, 2011


The same judge probably thinks Muslim women are opressed.
posted by Katjusa Roquette at 8:49 AM on February 25, 2011


The same judge probably thinks Muslim women are opressed.

Yes, but at least they're not asking for it.
posted by londonmark at 8:50 AM on February 25, 2011


Rhodes will be under a 24-hour curfew for the first year of his conditional sentence, with exceptions to allow him to work and attend to medical appointments. His name will also be placed on the national sex offender registry. The judge also ordered Rhodes to write a letter of apology to his victim.
He didn't receive jail time, no, but the above punishment will hardly encourage would be rapists. It's pretty ridiculous to assume plenty of men want to rape women and now that their "only" punishment is a year of 24-hour curfew, plus a lifetime on the sex offender registry, that rape will flourish.
posted by 2bucksplus at 8:51 AM on February 25, 2011


Metafilter wants to pretend that consent is a black and white issue, but it's shades of grey. Normal men DO NOT ask "Pardon me, but may I put my penis in you?" They do not ask their partner to sign a consent form. That's Asperger's territory. That is, by definition, not normal.

Rather, consent is generally implied via body language and subcommunication. Only once in a while has a woman ever said to me, "Let's have sex." or "I want to have sex with you." It's usually smoochy-smooch, grindy-grind, clothes come off, and we get down to it. No explicit consent given by either party.

That's real world. And it's hard to write laws around this fuzzy implicitness. Whether this guy genuinely overstepped or unintentionally misread, I hope the judgement reflects this.
posted by LordSludge at 8:52 AM on February 25, 2011


WHAT. THE. FUCK?
posted by Mental Wimp at 8:52 AM on February 25, 2011


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