Law in Contemporary Society

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WhyArePeopleAfraidOfTalkingAboutRape 5 - 05 Apr 2010 - Main.MikeAbend
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 When we went over rape in our criminal law class, I made a comment about the role gender plays in our society in determining the definition of "rape". While I still believe in the truth of my comment, I realized immediately that I had not made any friends because of it. I could hear whispers around me and I knew that many thought I had crossed some sort of line. My comment was fairly benign, but many of my classmates still saw it as insensitive and possible chauvinistic.

I am not writing this to try to vindicate my comment. My frustration is because the topic of rape was such an emotional issue that there was no room, even within the halls of an academic institution as prestigious as Columbia Law School, to discuss the topic in an academic manner. I felt like even considering defending the side of the alleged rapist was an obvious taboo, something to be hidden like an unconscious racist assumption. The law is supposed to be inherently unemotional, but people refuse to treat it as such when discussing this specific topic.

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-- MatthewZorn - 05 Apr 2010

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In regards to the effect on discussion, I may have been a bit hyperbolic. However, I still think that the controversial nature of any analysis and criticism of rape law draws more negativity than it deserves. This effect deters some people from offering an opinion in a public forum on touchy subjects. While this may not be a complete bar to discussion, it most likely has an effect.
 
 
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Revision 5r5 - 05 Apr 2010 - 05:01:48 - MikeAbend
Revision 4r4 - 05 Apr 2010 - 02:21:30 - MatthewZorn
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