The law is an ass - rape is rape

Credit must go to the Herald Sun for their front page story today, Sleeping woman rape trial sparks fury.  This story details how the Victorian Court of Appeal set aside a conviction for a man, Tomas Getachew, who raped a women who was asleep, who had twice rejected his advances, before passing out drunk.

The Court ruled 2-1 that the trial judge had erred in his instructions to the jury.  The minority judge, Justice Lex Lasry got it right when he said:

"The complainant had made clear her rejection of the applicant on two occasions before this incident occurred. When penetrated by the applicant, the complainant was in a position consistent with her being asleep. There was no positive conduct by the complainant which might have led Getachew to conclude that his sexual approach was now being welcomed.''

This is what the Slut Walks are for - to stop rape

Recently, as a man, I was proud to attend the Melbourne Slut Walk, where women joined others at Slut Walks around the world and proudly chanted "Whatever we wear, wherever we go—yes means yes, and no means no!".  As a man at this very civilised protest, it struck me that this message cannot be repeated often enough.  So many men have been brought up in a misogynistic world where they believe that "women are asking for it".

The key message of the Slut Walks is that "women retain the right to say no, and to be heard".

And this is why the decision by Justices Peter Buchanan and Bernard Bongiorno is so perpelexing, and wrong.  The victim of the rape by Tomas Getachew had said "no".  She had said "no" again.  Then she had fallen asleep.  To argue - as the learned Judges have done - that there is any way that she changed her mind after she fell asleep drunk, simply defies logic.

Remember the key message of the Slut Walk - once she said no, she had the right to be heard.

Whatever we wear ... or whatever we drink ... rape is never OK

The Toronto policeman who blamed women for the way they dress could just as easily have blamed them for getting drunk.  It's certainly been an argument put to blame victims many times.  It is simply wrong.

Worryingly, a psychology study in 2006 even found that: Juries blame women for 'drunk rape'.  The study found that jurors:

- decided it was 'reasonable' to assume there was consent even if a woman was too drunk to give it".
- blamed drunk rape victims for 'bringing it on themselves'.

So, it seems that two of our learned judges, who should not be influenced by the same biases as ordinary people, have the same views on victim-blaming that the Slut Walks are trying to highlight.

Let's hope the prosecution appeals to the High Court - and wins

In the words of the wise Home Office spokesperson on learning of these study results: 'We need to tackle the myths. Rape is never the responsibility of the victim.'

The prosecution is considering appealing to the High Court.  They should do so, and should win.

Let me know what you think

Mark S