<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:itunes="http://www.itunes.com/dtds/podcast-1.0.dtd"
	xmlns:media="http://search.yahoo.com/mrss/"
	>
<channel>
	<title>Comments on: How to avoid committing sexual assault</title>
	<atom:link href="http://lawiscool.com/2010/03/08/how-to-avoid-committing-sexual-assault/feed/" rel="self" type="application/rss+xml" />
	<link>http://lawiscool.com/2010/03/08/how-to-avoid-committing-sexual-assault/?nucrss=1</link>
	<description>The law school blog and podcast from Canada</description>
	<lastBuildDate>Mon, 07 May 2012 13:10:25 +0000</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.3.2</generator>
	<item>
		<title>By: Ryan MacIsaac</title>
		<link>http://lawiscool.com/2010/03/08/how-to-avoid-committing-sexual-assault/comment-page-1/#comment-8365</link>
		<dc:creator>Ryan MacIsaac</dc:creator>
		<pubDate>Thu, 11 Mar 2010 13:42:06 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2525#comment-8365</guid>
		<description>Agreed w/ Laura.

Seriously. The boyfriend&#039;s twin brother sneaked into the boyfriend&#039;s bed in which lay the drunk girlfriend. The twin had a duty to make sure that she was consenting to sex with himself, and not the boyfriend. Any reasonable person can see that. How would you feel if it was your sister?</description>
		<content:encoded><![CDATA[<p>Agreed w/ Laura.</p>
<p>Seriously. The boyfriend&#8217;s twin brother sneaked into the boyfriend&#8217;s bed in which lay the drunk girlfriend. The twin had a duty to make sure that she was consenting to sex with himself, and not the boyfriend. Any reasonable person can see that. How would you feel if it was your sister?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: JamesHalifax</title>
		<link>http://lawiscool.com/2010/03/08/how-to-avoid-committing-sexual-assault/comment-page-1/#comment-8358</link>
		<dc:creator>JamesHalifax</dc:creator>
		<pubDate>Wed, 10 Mar 2010 20:04:20 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2525#comment-8358</guid>
		<description>Real justice would have been to let his twin brother beat the crap out of him.  Then call the cops.</description>
		<content:encoded><![CDATA[<p>Real justice would have been to let his twin brother beat the crap out of him.  Then call the cops.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Tyler</title>
		<link>http://lawiscool.com/2010/03/08/how-to-avoid-committing-sexual-assault/comment-page-1/#comment-8354</link>
		<dc:creator>Tyler</dc:creator>
		<pubDate>Wed, 10 Mar 2010 05:43:39 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2525#comment-8354</guid>
		<description>That&#039;s pretty bad that his twin took down his wife, but if she was coming on him so strong he just couldn&#039;t hold himself back.  He shouldn&#039;t have done that too his brother.  He was probably blinded by sexual desire.  Tough one..  I would be so pissed at my brother!!!!!  I wouldn&#039;t send him to jail but I would whooppp him a new one!</description>
		<content:encoded><![CDATA[<p>That&#8217;s pretty bad that his twin took down his wife, but if she was coming on him so strong he just couldn&#8217;t hold himself back.  He shouldn&#8217;t have done that too his brother.  He was probably blinded by sexual desire.  Tough one..  I would be so pissed at my brother!!!!!  I wouldn&#8217;t send him to jail but I would whooppp him a new one!</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Laura</title>
		<link>http://lawiscool.com/2010/03/08/how-to-avoid-committing-sexual-assault/comment-page-1/#comment-8352</link>
		<dc:creator>Laura</dc:creator>
		<pubDate>Tue, 09 Mar 2010 22:45:00 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2525#comment-8352</guid>
		<description>The Edmonton Police Service&lt;a href=&quot;http://www.edmontonjournal.com/news/Alcohol+fuelled+assaults+rise/2641669/story.html&quot; rel=&quot;nofollow&quot;&gt; recently made a public announcement&lt;/a&gt; that relates to this topic,

&lt;blockquote&gt;The number of sexual assaults reported to Edmonton police rose in 2009 and investigators say many complaints involved victims who were under the influence of alcohol at the time...
Campbell stressed that a sexual assault is never the fault of the victim. She said no means no the first time, and another drink can&#039;t change that.
&lt;/blockquote&gt;

While their focus was on the fact that consent cannot be given if someone is impaired, the message that any sexual contact without voluntary consent is assault was clear. 

Voluntary consent isn&#039;t just an absence of &quot;no&quot;, but a presence of an enthusiastic &quot;yes&quot;. People communicate with body language, especially in sexual situations. Want to avoid committing sexual assault? Pay attention to what your partner is telling you. 

(@Nick (the first) consent must also be informed. She consented to sex with her partner, not her partner&#039;s twin.)

Aside from the hyperbolic and inappropriate videotape/witness suggestions, all of the tips you mentioned really boil down to being an attentive partner. It doesn&#039;t require you to say &quot;Do you give me permission to stroke your arm this way for 30 seconds, yes or no?&quot; Paying attention to how your partner reacts to a certain touch, asking if something is ok, if your partner likes what you&#039;re doing, what they would like you to do next, these type of questions ensure you&#039;re both on the same page. 

It troubles me to see this presented as an unreasonable burden. What is so difficult about taking responsibility for your actions and how they affect another person? The fact is no one can prevent themselves from being sexually assaulted; they can only prevent themselves from committing sexual assault. 

Are you afraid of false reports? False reports for sexual assaults have found to be equal to or slightly below false reports for other crimes. The true problem is that very few assaults are ever reported. Stats Can figures only about 6% of assaults are reported, but we cannot know for sure. What we do know is that sexual assault is a huge problem in Canada - 1 in 3 women and 1 in 6 men will be assaulted in their lifetimes. 

Why do you take a snarky tone in suggesting ways people can prevent becoming offenders when it is something that so obviously needs to be talked about?</description>
		<content:encoded><![CDATA[<p>The Edmonton Police Service<a href="http://www.edmontonjournal.com/news/Alcohol+fuelled+assaults+rise/2641669/story.html" rel="nofollow"> recently made a public announcement</a> that relates to this topic,</p>
<blockquote><p>The number of sexual assaults reported to Edmonton police rose in 2009 and investigators say many complaints involved victims who were under the influence of alcohol at the time&#8230;<br />
Campbell stressed that a sexual assault is never the fault of the victim. She said no means no the first time, and another drink can&#8217;t change that.
</p></blockquote>
<p>While their focus was on the fact that consent cannot be given if someone is impaired, the message that any sexual contact without voluntary consent is assault was clear. </p>
<p>Voluntary consent isn&#8217;t just an absence of &#8220;no&#8221;, but a presence of an enthusiastic &#8220;yes&#8221;. People communicate with body language, especially in sexual situations. Want to avoid committing sexual assault? Pay attention to what your partner is telling you. </p>
<p>(@Nick (the first) consent must also be informed. She consented to sex with her partner, not her partner&#8217;s twin.)</p>
<p>Aside from the hyperbolic and inappropriate videotape/witness suggestions, all of the tips you mentioned really boil down to being an attentive partner. It doesn&#8217;t require you to say &#8220;Do you give me permission to stroke your arm this way for 30 seconds, yes or no?&#8221; Paying attention to how your partner reacts to a certain touch, asking if something is ok, if your partner likes what you&#8217;re doing, what they would like you to do next, these type of questions ensure you&#8217;re both on the same page. </p>
<p>It troubles me to see this presented as an unreasonable burden. What is so difficult about taking responsibility for your actions and how they affect another person? The fact is no one can prevent themselves from being sexually assaulted; they can only prevent themselves from committing sexual assault. </p>
<p>Are you afraid of false reports? False reports for sexual assaults have found to be equal to or slightly below false reports for other crimes. The true problem is that very few assaults are ever reported. Stats Can figures only about 6% of assaults are reported, but we cannot know for sure. What we do know is that sexual assault is a huge problem in Canada &#8211; 1 in 3 women and 1 in 6 men will be assaulted in their lifetimes. </p>
<p>Why do you take a snarky tone in suggesting ways people can prevent becoming offenders when it is something that so obviously needs to be talked about?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Dave Meagher</title>
		<link>http://lawiscool.com/2010/03/08/how-to-avoid-committing-sexual-assault/comment-page-1/#comment-8342</link>
		<dc:creator>Dave Meagher</dc:creator>
		<pubDate>Tue, 09 Mar 2010 03:12:02 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2525#comment-8342</guid>
		<description>With all due respect, and being mindful that neither of us have read the decisions or really know the details of this case- he is not going to jail because he looks too much like her boyfriend. He is (maybe) going to jail because he crawled into bed with a woman who believed that he was someone else. I find it hard to believe that he didn&#039;t know that she didn&#039;t know who he was. I don&#039;t know what you consider to be &#039;normal sexual relations&#039; but I really hope this isn&#039;t too close to that &#039;thin line&#039; you are talking about.</description>
		<content:encoded><![CDATA[<p>With all due respect, and being mindful that neither of us have read the decisions or really know the details of this case- he is not going to jail because he looks too much like her boyfriend. He is (maybe) going to jail because he crawled into bed with a woman who believed that he was someone else. I find it hard to believe that he didn&#8217;t know that she didn&#8217;t know who he was. I don&#8217;t know what you consider to be &#8216;normal sexual relations&#8217; but I really hope this isn&#8217;t too close to that &#8216;thin line&#8217; you are talking about.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Another Nick</title>
		<link>http://lawiscool.com/2010/03/08/how-to-avoid-committing-sexual-assault/comment-page-1/#comment-8340</link>
		<dc:creator>Another Nick</dc:creator>
		<pubDate>Tue, 09 Mar 2010 02:22:00 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2525#comment-8340</guid>
		<description>Nick makes a very good point, though I suppose the counter-argument would be that she can&#039;t reasonably consent when the man is committing fraud?</description>
		<content:encoded><![CDATA[<p>Nick makes a very good point, though I suppose the counter-argument would be that she can&#8217;t reasonably consent when the man is committing fraud?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Pulat Yunusov</title>
		<link>http://lawiscool.com/2010/03/08/how-to-avoid-committing-sexual-assault/comment-page-1/#comment-8336</link>
		<dc:creator>Pulat Yunusov</dc:creator>
		<pubDate>Tue, 09 Mar 2010 01:53:13 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2525#comment-8336</guid>
		<description>Of course, some of my suggestions are intentionally exaggerated, but only some of the suggestions, not the whole post.

I used hyperbole to show that it&#039;s almost impossible to protect yourself from sexual assault charges and conviction in some cases that are in the grey area. I am not talking about clear-cut cases when a man forces a woman or obtains her consent by intentional fraud.

The law in Canada seems to be that if the woman sees you, and you don&#039;t lie to her about your identity, and she does everything freely, you may still be on the hook because you look too much like her boyfriend. That&#039;s why the prosecution is alleging wilful blindness in this case.

I am not saying it&#039;s bad law but it is pretty complicated law that places the burden on men. So in those grey-area cases (NOT rapists or clear frauds) men could go to jail and get on sex offender lists for reasons that are at least debatable.

The video camera and witnesses suggestion is of course a hyperbole. If a man has sex with a random stranger, and she later accuses him of sexual assault, his story may not get the same hearing in court because of evidentiary rules in Canada. Like I said, these rules have a good purpose, but they may catch innocent men. You can&#039;t really do anything to be completely safe from false charges—hence my use of a hyperbole. Well, you can avoid random sex, and that&#039;s what I also suggest.

Overall, like I said in my post, the good rule is to respect women and avoid random sex with strangers.</description>
		<content:encoded><![CDATA[<p>Of course, some of my suggestions are intentionally exaggerated, but only some of the suggestions, not the whole post.</p>
<p>I used hyperbole to show that it&#8217;s almost impossible to protect yourself from sexual assault charges and conviction in some cases that are in the grey area. I am not talking about clear-cut cases when a man forces a woman or obtains her consent by intentional fraud.</p>
<p>The law in Canada seems to be that if the woman sees you, and you don&#8217;t lie to her about your identity, and she does everything freely, you may still be on the hook because you look too much like her boyfriend. That&#8217;s why the prosecution is alleging wilful blindness in this case.</p>
<p>I am not saying it&#8217;s bad law but it is pretty complicated law that places the burden on men. So in those grey-area cases (NOT rapists or clear frauds) men could go to jail and get on sex offender lists for reasons that are at least debatable.</p>
<p>The video camera and witnesses suggestion is of course a hyperbole. If a man has sex with a random stranger, and she later accuses him of sexual assault, his story may not get the same hearing in court because of evidentiary rules in Canada. Like I said, these rules have a good purpose, but they may catch innocent men. You can&#8217;t really do anything to be completely safe from false charges—hence my use of a hyperbole. Well, you can avoid random sex, and that&#8217;s what I also suggest.</p>
<p>Overall, like I said in my post, the good rule is to respect women and avoid random sex with strangers.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Nick</title>
		<link>http://lawiscool.com/2010/03/08/how-to-avoid-committing-sexual-assault/comment-page-1/#comment-8334</link>
		<dc:creator>Nick</dc:creator>
		<pubDate>Tue, 09 Mar 2010 01:08:17 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2525#comment-8334</guid>
		<description>Wow, I really don&#039;t know what to make of this post. It isn&#039;t funny, so I don&#039;t think it&#039;s a joke, but the whole tone of the article and list of suggestions is absurd. 

&quot;videotape everything (preferably in high definition) in case the facts are disputed in the future.&quot; 

Seriously?</description>
		<content:encoded><![CDATA[<p>Wow, I really don&#8217;t know what to make of this post. It isn&#8217;t funny, so I don&#8217;t think it&#8217;s a joke, but the whole tone of the article and list of suggestions is absurd. </p>
<p>&#8220;videotape everything (preferably in high definition) in case the facts are disputed in the future.&#8221; </p>
<p>Seriously?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Omar Ha-Redeye</title>
		<link>http://lawiscool.com/2010/03/08/how-to-avoid-committing-sexual-assault/comment-page-1/#comment-8333</link>
		<dc:creator>Omar Ha-Redeye</dc:creator>
		<pubDate>Tue, 09 Mar 2010 00:44:59 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2525#comment-8333</guid>
		<description>I think it was intended to be absurd, but that was just my take. [Humour] tag usually clears that up, but I&#039;ll let the author add it if he chooses.</description>
		<content:encoded><![CDATA[<p>I think it was intended to be absurd, but that was just my take. [Humour] tag usually clears that up, but I&#8217;ll let the author add it if he chooses.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Dave Meagher</title>
		<link>http://lawiscool.com/2010/03/08/how-to-avoid-committing-sexual-assault/comment-page-1/#comment-8332</link>
		<dc:creator>Dave Meagher</dc:creator>
		<pubDate>Tue, 09 Mar 2010 00:35:39 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2525#comment-8332</guid>
		<description>Sorry, is this post a joke? Your list of suggestions to avoid a rape charge is absurd. Happy international woman&#039;s day to you, if it is.</description>
		<content:encoded><![CDATA[<p>Sorry, is this post a joke? Your list of suggestions to avoid a rape charge is absurd. Happy international woman&#8217;s day to you, if it is.</p>
]]></content:encoded>
	</item>
</channel>
</rss>

