A young U.S. Marine faces 40 years in jail after being convicted Monday of rape in a landmark case that has become a symbol for women's rights and national sovereignty in the Philippines.From the testimony, it was more than a matter of the woman being too drunk to consent. She resisted until she passed out.
Makati Regional Trial Court Judge Benjamin Pozon rejected Lance Cpl. Daniel Smith's claim that the woman was a willing partner, saying she was too drunk to have consented to having sex.
Three other Marines were acquitted of complicity for allegedly cheering on Smith in the back of a moving van.
That resistance and confinement in a van with 4 men, 3 of whom were egging a man on as he committed rape could even be close to any form of consent by anybody's definition is deeply troubling. The only way I can fathom people taking this view is that they hold the idea that certain actions (drinking) by the girl or woman negates the need for consent.
The only other option is that people have this illusion that certain types of rapes are just no big deal and shouldn't be considered crimes. This attitude then loops back and is used as rationalization for rape.
Technorati tags: rape crime politics sexual violence sexual assault feminism