Gray rape: Difference between revisions
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'''Gray rape''' is |
'''Gray rape''' is sex for which consent is unclear.<ref name="Tarrant2009">{{cite book|author=Shira Tarrant|title=Men and Feminism: Seal Studies|url=http://books.google.com/books?id=PsY_BAAAQBAJ&pg=PA105|date=12 May 2009|publisher=Seal Press|isbn=978-1-58005-258-0|pages=105–}}</ref> The term was popularized{{cn|date=July 2016}} by Laura Sessions Stepp in her 2007 ''[[Cosmopolitan (magazine)|Cosmopolitan]]'' article "''A New Kind of Date Rape''" where it describes gray rape as "somewhere between consent and denial and is even more confusing than date rape because often both parties are unsure of who wanted what".<ref name="cosm_Date">{{Cite web| title = A New Kind of Date Rape| author = Laura Sessions Stepp| work = Cosmopolitan| date = 2007-09-11| accessdate = 2016-07-22| url = http://www.cosmopolitan.com/sex-love/advice/a1912/new-kind-of-date-rape/}}</ref> Both legal advisers{{who|date=July 2016}} and feminists{{who|date=July 2016}} have been critical of the term. Founder of ''[[Bitch (magazine)|Bitch]]'' magazine, [[Lisa Jervis]], argued that gray rape and [[date rape]] "are the same thing", and that the popularization of gray rape constituted a backlash against women's sexual empowerment and risked rolling back the gains women had made in having rape taken seriously.<ref>{{Cite book|title = Yes Means Yes: Visions of Female Sexual Power and A World Without Rape|last = Friedman|first = Jaclyn|publisher = Seal Press|year = 2008|isbn = 1580052576|location = |pages = 163–169}}</ref> Former [[Manhattan]] chief of sex crimes [[Linda Fairstein]], argues that gray rape has come to include sexual experiences where one party had consented to sex, but later regretted. Fairstein argues such cases are not rape.<ref name="city_‘Gra"/> In rape, perpetrators know exactly what they are doing; rape is not an accident.{{attribution needed|date=July 2016}}<ref name="cons_Sexu">{{Cite web| title = Sexual Violence Myths: Grey Rape| work = consented.ca| accessdate = 2016-07-22| url = http://www.consented.ca/myths/grey-rape/}}</ref>{{rs|date=July 2016}} |
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==Terminology== |
==Terminology== |
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Revision as of 19:02, 24 July 2016
Gray rape is sex for which consent is unclear.[1] The term was popularized[citation needed] by Laura Sessions Stepp in her 2007 Cosmopolitan article "A New Kind of Date Rape" where it describes gray rape as "somewhere between consent and denial and is even more confusing than date rape because often both parties are unsure of who wanted what".[2] Both legal advisers[who?] and feminists[who?] have been critical of the term. Founder of Bitch magazine, Lisa Jervis, argued that gray rape and date rape "are the same thing", and that the popularization of gray rape constituted a backlash against women's sexual empowerment and risked rolling back the gains women had made in having rape taken seriously.[3] Former Manhattan chief of sex crimes Linda Fairstein, argues that gray rape has come to include sexual experiences where one party had consented to sex, but later regretted. Fairstein argues such cases are not rape.[4] In rape, perpetrators know exactly what they are doing; rape is not an accident.[attribution needed][5][unreliable source?]
Terminology
The concept dates to Katie Roiphe's 1994 book The Morning After: Sex, Fear and Feminism on Campus where she writes, "there is a gray area in which one person’s rape may be another’s bad night." The term gray rape was used to describe the 1996 Brown University rape allegation involving students Adam Lack and Sara Klein. According to Lack he had consensual sex with Klein, Klein was apparently unaware the two had sex until days later after Lack asked about the experience. She denied remembering the incident due to her consumption of alcohol and 5 weeks later, filed charges. Lack said she not only gave consent, but was the one initiating and that he was unaware she was intoxicated. The charges were subsequently dropped, but Lack received academic discipline as a result.[4][6]
After Laura Sessions Stepp's Cosmopolitan article "A New Kind of Date Rape" gray rape definition came to include regrettable sexual experiences and decisions made under the influence of drugs and alcohol. The idea was furthered by Washington and Lee University professor Lauren Kozak who seminars include the topic "regret equals rape" where any experience even if consensual at the time could be later deemed as rape if one party feels "regret".[2][7][8] The term is also associated with false accusations of rape after the Hofstra University rape case.[9]
Controversy
In 2014, Washington and Lee University expelled a student identified only as John Doe of "gray rape" after he allegedly raped a girl identified as Jane Doe who admitted the sex was consensual at the time, but later regretted after seeing him kiss another girl. According the to claim Jane met John at a party in February 2014 where the two had sex. Jane stated "I usually don’t have sex with someone I meet on the first night, but you are a really interesting guy". Jane told friends afterwards she had a good time and became friends with John on social media. The two sent text messages where Jane said they "had a pretty good connection". The two reportedly had intercourse a second time, but then at a St. Patrick's Day party Jane saw John kiss another woman and left upset. In the summer of 2014 while working at a women’s clinic that helps sexual assault victims, Jane spoke with staff about her first sexual encounter with John. She later reassessed the encounter as rape cited Lauren Kozak's concept, "regret equals rape". Within 21 days John was expelled from Washington and Lee.[10][7] John Doe later sued the school. In 2015, Washington and Lee filed to dismiss the lawsuit, but Judge Norman K. Moon denied the motion to dismiss allowing John Doe to continue seeking damages from his expulsion believing that John had been the wrongly accused of sexual misconduct. Washington and Lee University ended up settling out of court with the student.[10][11]
Some[who?] reject the idea of gray rape, saying rape can never be accidental, and that consent is consent. They say the idea a person can take back consent after sexual experiences they regret can never be defined as rape.[12][5][unreliable source?]
See also
References
- ^ Shira Tarrant (12 May 2009). Men and Feminism: Seal Studies. Seal Press. pp. 105–. ISBN 978-1-58005-258-0.
- ^ a b Laura Sessions Stepp (2007-09-11). "A New Kind of Date Rape". Cosmopolitan. Retrieved 2016-07-22.
- ^ Friedman, Jaclyn (2008). Yes Means Yes: Visions of Female Sexual Power and A World Without Rape. Seal Press. pp. 163–169. ISBN 1580052576.
- ^ a b Chan, Sewell (2007-10-10). "'Gray Rape': A New Form of Date Rape?". The New York Times City Room. Retrieved 2016-07-22.
- ^ a b "Sexual Violence Myths: Grey Rape". consented.ca. Retrieved 2016-07-22.
- ^ Goldstein, Daisy (2004-09-22). "He said, she can't remember: the Adam Lack case". Brown Daily Herald. Retrieved 2016-07-22.
- ^ a b Johnson, KC (2015-01-26). "The 'Rape' Disaster at Washington and Lee". Minding The Campus. Retrieved 2016-07-22.
- ^ Clark-Flory, Tracy (2007-08-29). "Casual hookups cause "gray rape"?". Salon. Retrieved 2016-07-22.
- ^ Emily Bazelon (2009-09-21). "The Hofstra date rape that didn't happen". Slate Magazine. Retrieved 2016-07-21.
- ^ a b Stanford, Julianne (2015-08-10). "Male student – expelled over 'gray rape' claim – can sue college, judge rules". The College Fix. Retrieved 2016-07-22.
- ^ Schow, Ashe (2016-02-08). "Washington and Lee settles lawsuit by student expelled for sexual assault". Washington Examiner. Retrieved 2016-07-22.
- ^ Jerrold S. Greenberg; Clint E. Bruess; Sara B. Oswalt (19 February 2016). Exploring the Dimensions of Human Sexuality. Jones & Bartlett Learning. pp. 1250–. ISBN 978-1-284-11474-4.