Do sexual indiscretions excuse rape?
Catherine writes:
I was distressed to read yourdiscussion of the Kobe Bryant trial. You are trying to make others aware of how alcohol or other drugs may affect the judgement of others but in doing so you made some huge assumptions.
I am not assuming that he is guilty, but neither do I assume she was not assaulted. Many women are raped when under the influence. Being drunk or loaded does not give another person the right to sexually abuse you. And, her lack of sexual discretion is neither a predictor nor an exclusionary factor for assault.
Being irresponsible, lax or loaded does not give anyone the right to use you sexually.
Additionally, California law says the victim of a sexual assault is only a witness. The police filed the charges…she has no say so in that. She may be foolish but that is no reason to change the law to include past discretions of a victim of any crime.
My response:
You seem to assume that I think that being under the influence, irresponsible or lax gives another person the right to sexually abuse. I do not. You seem to assume that I think a lack of sexual discretion is a predictor or “exclusionary factor” for assault. That seems to be contradictory, but I make neither assumption. You mention California law; however, the case is in Colorado, governed by Colorado law.
I state only that her sexual indiscretions are one of many apparent clues to alcohol/other drug addiction in the young woman and that, if correct, there is no way to determine whether she was raped in a “he said/she said” situation. Addicts lie, cheat, steal and manipulate. Ask any addict in recovery and they will agree; the longer the sobriety, the stronger the affirmation.