For anyone not familiar with the case here is a summary:
The advertisement appeared on Craigslist in early December. "Need a real aggressive man with no concern for women," read the posting on the Internet classified advertising forum. Its purported author was a Casper, Wyo., woman, whose photo also was posted.A link was provided in Social Worker's comment to a post titled Revenge Rape and Reason is Ty Oliver Mcdowell a Rapist or a Victim by Martha lownsberry, Staff Writer (Ranked #1 expert in Criminal Law) where the author misuses the reasonable person argument to focus only on whether a reasonable person would believe that a woman could want this type of rape fantasy acted out. According to the logic used in this analysis if a reasonable person could believe that some women could want this fantasy acted out then McDowell should have no legal responsibility for his actions against someone who never sought this fantasy.
One week later, a man accepted the offer, forcing his way into the woman's home, tying her up and raping her at knifepoint. "I'll show you aggressive," he allegedly said, according to court testimony.
In fact, authorities say, the woman had nothing to do with the ad. Instead, they say, a former boyfriend had posted it, soliciting her assault.
This argument completely ignores the reasonable person's responsibility to ensure that the person who placed the ad is the person described in the ad.
McDowell is in no way a victim in this case since he made the choice not to verify the identity of the person who placed the ad before breaking into a woman's home and raping her at knifepoint. He didn't even make enough of an effort to ensure that the person who placed the ad was in fact a woman.
Too often when it comes to sex crimes people excuse those who practice deliberate ignorance and who use generalities about what some women want as an excuse to not make sure their actions are wanted by a specific person at a specific time.
From a CBS story after McDowell initially pleaded not guilty:
A Wyoming man, charged with raping a woman he met on Craigslist, claims that he did nothing wrong when he forced his way into her Casper home in December, tied her hands, and, prosecutors say, raped her at knife point.When what someone is requesting in an ad is the acting out of multiple felonies this defense is garbage.
According to Ty McDowell, who pleaded not guilty, he was just responding to the woman's Craigslist ad, which said she wanted to play out a "rape fantasy."
Too often rationalizations and excuses are accepted as a valid substitute for actual innocence. If we are serious about being opposed to sexual violence we must reject conflating these 2 very different things.