The Problem of Rape

Last week, Motherboard published the full email thread in which Stallman wrote that the “most plausible scenario” is that Epstein’s underage victims in his campaign of trafficking were “entirely willing.” Stallman also argued about the definition of “rape” and whether the term applies to the victims.

When someone else in the email thread pointed out that victim Virginia Giuffre, who was 17 when she was forced to have sex with AI pioneer Marvin Minsky, Stallman said “it is morally absurd to define ‘rape’ in a way that depends on minor details such as which country it was in or whether the victim was 18 years old or 17.”

Vice.com

Richard Stallman resigned from several positions after these comments were surfaced.

The United States have a communication problem that transcends their petty polar politics, and this issue extends to the West.

The conversation around rape and Julian Assange became an issue based on Sweden’s characterisation of the crime as they see it, but this is different.

As with many jurisdictions, the United States creates age-based legal boundaries. This is expedient, to to sure, but we also know, rape aside, that people mature at different paces–not to mention the concept that the brain is not fully developed (whatever than means) until around age 30.

Age is used to delimit majority for contracts, marriage, sex (consent), alcohol, voting, military service, and so on, but it’s a weak tea proxy.

As a legal/social subject, rape is fairly categorically reviled, but it is hardly cut and dry, especially when one confounds the issue with the concept of statutory rape, which is where the systems strips the concept of consent from the equation, so that at 6,569 days a woman (because this is predominately applied to females over males) has no right to consent but at 6,570 does. This is further exacerbated because different jurisdictions have different ages of consent and loopholes, that are beyond the scope of my commentary and misses the point of communication.

Hot Button

Rape, race, and gender are hot button topics used to curtail and derail legitimate discourse and conversation. Whether Stallman’s comments exceeded the bounds of my argument does not invalidate the argument. Perhaps, he did overstep the bounds of civility, but that’s not my concern here.

To me, the question is, given I feel that the sole purpose of jurisprudence systems is to consolidate power to the status quo, how do we create a fair but ‘knowable’ boundary around things for which we currently rely on age, one where both sides of the consent equation understand the limit ex ante. But given legal systems are not designed for precision but for simplicity and expedience (albeit in a Rube Goldberg sort of way) and given that most people don’t question systems themselves, I don’t expect it change any time soon.

Neither do I expect the broader population not to be distracted by these same hot button topics. Distraction is a standard rhetorical device.

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