The Abuse of Sexual Assault

The other day, I ran across this story in the sports pages. The sporting news often resembles the police blotter, so this is not a unique news item. I usually skip these stories, but something about it peaked peeked piqued my curiosity. The accused in this case is a college football player charged with “sexual assault” along with some other crimes. Like most people, I hear the word sexual assault and I think rape, but then I remember the mountain of rape hoaxes on the college campus and I’m immediately skeptical.

In this case, the player is charged with two counts of fourth degree sexual assault, crimes resulting from the cops trying to arrest him and underage drinking. Sandbagging is the standard procedure these days so even the smallest crime ends up in a litany of charges. Because cops and prosecutors are mostly incompetent, they use the sheer mass of the system to bludgeon those caught up in the system.  The idea is to bully the accused into taking a deal, which makes life easier for the cops and prosecutors.

Of course, the charge that will ruin the kid’s life is the sexual assault charge. Looking at the news story from when it happened, you get to see the absurdity of the charges. In Michigan, fourth degree sexual assault is basically aggressive touching, at least when it is between adults. It is always leveled at males, who get into some sort of beef with a female. Two fully clothed people on a city street are not engaging in anything sexual, but that does not matter. It is the go-to charge against young males in an altercation with a female.

Common law defined rape as unlawful intercourse by a man against a woman who is not his wife by force or threat and against her will. These days, rape is legally defined as unlawful intercourse against the will of the victim. In other words, the sex of the parties and the use of force are no longer relevant. Attempted rape, of course, is a failed attempt to commit rape. These are concepts that everyone understands, with deep roots in western legal tradition. They don’t require further explanation as the definitions are clear.

Assault is a bit different. Most people think of assault as physical contact where one person causes bodily harm to another. That’s not the legal definition of assault. In the law, assault is an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact. Put another way, assault is when one person does something to cause another to think they are under threat of harm. What most people think of as assault, the law defines as battery, which is why you hear the phrase “assault and battery” in crime stories.

The point here is the law has had, for a very long time, a definition for forcible sex, assault and battery. A reasonable person, particularly someone on a jury, could review the facts and testimony and render a judgement. That should have been enough to cover what happened in this Michigan case and all others like it. Maybe the accused was threatening the woman and she had a reasonable concern for her safety. That’s assault. It is patently absurd to attach sex to it, raising the specter of rape in the minds of the public and a potential jury.

But that is where we find ourselves in the modern age. We have expanded the definition of a sex crime to include anything that may give a woman the blues. The lunatics in charge encourage young women on the college campus to scream “fourth degree sexual assault” whenever they feel bad about a random hookup, which they are encouraged to do by the same lunatics. Inevitably, these cases end up dismissed, but you still have the waste of money and the ruination of reputations.

The fact is, there is no such thing as a sexual assault. The law often conjures terms, from commonly understood words, that have meanings well outside of the component words. It is almost always a hangover from the past. In the case of “sexual assault” it is a modern attempt to alter the relationship between the sexes. When was the last time you heard a woman charged with sexual assault or a man charged when the victim is another man? The answer is most likely never as it almost rarely happens.

It is yet another example of how the Left carves out authoritarian safe spaces, so it can run wild against its enemies. The war on men would not get very far in a fair fight, because as Hitler said, there’s too much fraternizing with the enemy. The expansive use of the phrase “sexual assault” in the laws allows every deranged co-ed in America a free shot at a male that vexes them. It’s how the mentally unbalanced young woman at Columbia was indulged well past the point where it was clear she needed psychiatric help.

Rape is a very serious crime, which is why we send rapists away for long stretches in nasty prisons. Attempted rape should be similarly punished as we know that sex criminals can never be rehabilitated. This is where penal colonies make a lot of sense. Sexual assault, on the other hand, is a made up crime that is entirely political. It is a weapon used by deranged feminists and lazy cops to bludgeon young men for the crime of having a penis. It’s also why these cases have such a startling low conviction rate. It’s also why so many young women put themselves in dangerous situations.

That last bit is the worst result of the expansive use of sex crimes in the war between the sexes. Young women are led to believe the law is a force field around them, insulating them from their idiotic decisions. That leads young women to going out, getting knee-walking drunk with strange men and then waking up with regrets, if they are lucky. You can bet that some portion of the “rape” problem in Europe has something to do with unattached young woman staggering around wasted at all hours of the night.

For just about forever, humans understood that boys and girls were different, requiring different rules for both. Women need to take care to protect themselves from men and men need to take care of their women, so they are not assaulted by strange men. That is biological reality and the only way our species survives. The abuse of sexual assault is just one of many examples of what happens when the Assemblywomen becomes a law book, rather than a comedy.

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Member
7 years ago

It’s one of the reasons why the nevertrumpers tried “battery” against Trump’s advisor. It was completely phony, but, in our modern age it just doesn’t take that much. Borrowing a phrase about indictments in Texas, you can pretty easily charge a ham sandwich with “battery”. The case was ultimately tossed out, and the accuser revealed as a phony, and so nevertrump moved on to the next page in their playbook (taxes, I think)…and returned to sex later in the fall (nearly successfully, if not for Jim Comey). I have a son and two daughters. I worry about my girls growing… Read more »

Ganderson
Ganderson
Reply to  hokkoda
7 years ago

I don’t believe I can improve on your post.

Member
Reply to  hokkoda
7 years ago

I doubt women and men fighting is a new phenomenon or happening at a higher rate. The difference is simply that we’ve had 30 years of universities pushing out lunatics with degrees in activism getting more and more men prosecuted for smaller and smaller slights.

As much as men are ingrained to believe our women are delicate flowers we probably need to face the fact that thier is a significant amount of lunacy that is quite vicious from the opposite sex and pretending that it’s everyone else’s fault they are acting that way isn’t going to cure it.

Calsdad
Calsdad
Reply to  Mark_Taylor
7 years ago

This is exactly what the MGTOW stuff I’ve seen is saying: women are far from being delicate flowers – and are in fact pretty deceitful and uncaring. It’s going to get called misogyny – but if you listen to their claims – it makes a lot of sense to me – after 52 years of being exposed to females.

Member
Reply to  hokkoda
7 years ago

Started out pretty well, until the obligatory man-bashing. No woman is inherently deserving of any iota of respect by virtue of her genitalia, it must be earned. What you have failed to realize is that in every society, men simply respond to women. To the teachings and values of their mothers, the people who raise them, and the values of their future mates. No one needs to be a “gentleman” to get the loose women we have these days, so no one is, period. Why waste the effort? In the traditionalist model, women are “heavily encouraged” to pretend to be… Read more »

Dutch
Dutch
7 years ago

There is a YouTube of an interview of college students and relationships between men and women students. The female students droned on and on about all aspects of the thing. The males refused to speak, and sat there mute. The interviewer asked the females, should the males choose to speak on the subject, would it be considered “mansplaining”. The females enthusiastically agreed. The males remained mute. End of interview. Higher education is finished, stick a fork in it.

Fuel Filter
Fuel Filter
7 years ago

Robert Stacy McCain has been blogging about this (also on what the scourge of feminism has done to the Western world) for years. A staunch defender of men and manhood.

He is a former journalist and professor. Knows his shit.

The womyn who bring these baseless charges against men should be counter-charged with hate-crimes (Alynsky rule: make the other side live up to their own rules and expectations).

Theothermccain.com

Member
Reply to  Fuel Filter
7 years ago

We’re going to see a decline in these “campus tribunals” because the falsely-accused and slandered men (who are usually denied due process and the right to confront their accuser) have been taking these schools to court. in some cases they’ve been run off campus, and had these tribunals follow them to their new school to harass them there.

These schools often have huge endowments, making them prime targets for defamation cases. The recent UVA fake rape scandal shows that these cases are VERY winnable.

Member
Reply to  thezman
7 years ago

Both of which would dramatically improve the educational impact of the schools. The Greek system serves no real value or purpose, and it’s sorting and grouping mechanisms would be quickly replaced by groups affiliated by field-of-study which would be a much more worthy and useful organizational structure on campus.

FaCubeItches
FaCubeItches
Reply to  hokkoda
7 years ago

Yeah, because who needs freedom of association, right? Like most things at college/university, the value of the Greek system depends upon the effort put forth by the individual.

Calsdad
Calsdad
Reply to  thezman
7 years ago

Females are taking over higher education both as students and as professors. Men are bowing out. If the gynocentrism continues – I can see male presence in higher education being drastically reduced. Which IMHO means that alternative methods of education will rise up – and the current system will begin to implode.

Calsdad
Calsdad
Reply to  thezman
7 years ago

It’s deeper than that. As I posted in the earlier responses: I knew about this crap and recognized the trend more than 30 years ago when I was in school. You could see it very plainly forming up – and there were cases even back then. It affected my thinking the same way knowing that any type of person could cause you serious un-repairable harm – would affect any rational person’s thinking. This stuff has been permeating and seeping thru society for decades now – it has materially affected the way men and women interact with each other IMHO. The… Read more »

Member
Reply to  Fuel Filter
7 years ago

With title IX the schools get fined by the government if they don’t use the tribunals. They will probably continue to take thier chances with student lawsuits over government ones.

thor47
thor47
7 years ago

” . . . unattached young woman staggering around wasted at all hours of the night. ”

The waste of unattached young women HAS reached staggering proportions. Maybe Joe Biden could chair a commission to address this problem. ( I started to write we should put top men on the problem, but that would have been in very poor taste, wouldn’t it? )

Reply to  thor47
7 years ago

Ok with extra punctuation. “Top. Men.”

Dan Kurt
Dan Kurt
Member
7 years ago

Sort of on topic: attended with my wife a Christmas concert of Mannheim Steamroller at a large State University. My wife loves their music while I just endure it and consider it to be a husband’s duty as did the husband in the couple sitting next to us who like me never clapped. Lots of co-eds in attendance. Lots of them. So many were FAT, FAT, FAT, and moved in parcels of three or four. Not many by comparison of boys there. Wonder why? I can remember when I was in college 1959–63: girls were svelte, really. Big changes in… Read more »

Severian
7 years ago

You’ll know America’s balkanization is complete– and the system has lost even vestigial legitimacy — when the pendulum swings the other way (as it will). She’s there on the stand, her face a rainbow of bruises, seventeen specialists testifying to horrific internal injuries, and the jury says “she got drunk and went home with a football player? And he’s black? Obviously a hoax. She regretted it, then slammed herself in a car door twenty times.” At which point we revert to the state of nature, and I for one hope the entire university “safety” apparatus is the first to enjoy… Read more »

Reply to  thezman
7 years ago

Progressive causes always end up destroying those they claim to be helping…
…With their full co-operation.

JohnTyler
JohnTyler
7 years ago

On a tangential note, wait until men who identify as women (is this a trans-gendered male or female??) begin competing in what is now women-only sports events such as track and field, basketball, cycling, swimming, etc., The femi-nazis will be in a pickle over this because if they object – and they will – they will be accused of homo/transgender-phobia. Even a “guy” that says he is a female can kick ass in a women’s event requiring speed, endurance and power. This was recently demonstrated in a elite women’s bike race in which some loser/also-ran “male” cyclist who identifies as… Read more »

James LePore
Member
7 years ago

The Obama administration mandated kangaroo courts for campus sexual encounters that women regretted. They weaponized Title IX and opened a Pandora’s Box that will likely never be closed.

David Lodsgon
David Lodsgon
7 years ago

The missing element in your great article is mens rea. I remember back in the day I was taking some pre-law credits when the stalking era came to reality. The reasonable man standard would never pass any of these abuses of sexual assault charges if the mens rea requirement hadn’t been put away on the shelf of history. In order to profit politicians with pro women laws a chargeable crime had to be codified and stalking was the new cause. To seal the deal a man could be charged with stalking for as little as showing up at a public… Read more »

notsothoreau
notsothoreau
Reply to  David Lodsgon
7 years ago

Stepson had a court issued restraining order against his girlfriend. He went to get gas and she happened to work at the gas station. He really didn’t know she was working there. It’s a fairly small town. Of course, she said he was stalking her. The courts, decided not to pursue it, since he just paid for the gas and left.

tex
Member
7 years ago

In the 80’s a family lawyer told me a wife could falsely claim abuse by her husband & have him removed from their home, allowing no contact with his wife or children, & to pay to fully support them in their accustomed lifestyle however impoverished that might leave him. The husband’s eviction would happen immediately with the man having no say in any short-term court proceedings. In the long term the man at great personal expense, which after paying her support he may not have, could appeal & present his side; however, family court would be stacked against him so… Read more »

Reply to  tex
7 years ago

And we continue to lose the demographic battle. In fact, as fighting the battle with one hand tied behind us wasn’t enough, now we are in the process of binding up the other one.
The Muslims have faith and fecundity going for them and are increasingly able to opt out of ‘Family Court’ in favor of Sharia.

No, I don’t expect Trump to fix this one for us. I don’t know how it’s going to get ‘fixed’.

Gord
Gord
Reply to  John the River
7 years ago

In sharia law , assault is a requirement . But there are no “progressive ” feminists that say a thing.

Dan Kurt
Dan Kurt
Member
Reply to  tex
7 years ago

re: “At least 1 & probably several books have been written on….the anti-male family court system.” tex

Buy and read: BLIND BASEBALL: A Father’s War Paperback – June 23, 2004
by A. Green (Author) available through Amazon. https://www.amazon.com/BLIND-BASEBALL-Fathers-Green/dp/1418425788

Dan Kurt

tex
Member
Reply to  Dan Kurt
7 years ago

Thanks, Dan. I think I’ll order that one.

My wife stormed out of the house and went missing for a week. The police came by and told me to prepare for the worst.

So, I went to Goodwill & brought all her clothes back.

[They learned to laugh in the USSR as well].

james wilson
james wilson
Reply to  Dan Kurt
7 years ago

I was in court four years. One morning, waiting my turn along with several other cases, a motion for such and such was being presented by the ex-wife’s attorney for Dr. X’s failure to pay rather enormous monthly sums, but the Judge quickly ruled that he had in fact lived up to his agreement in transferring 40% of his income to her, and that as a fully employed transmission mechanic it could not be demonstrated that he was shirking his legal duties. The pews came alive in choked laughter. Then there was the fellow in Florida about twenty years ago… Read more »

tex
Member
Reply to  james wilson
7 years ago

The husband’s losses are not always 100% unfair, depending upon point of view. I had a wealthy Architect friend who divorced with a settlement his wife signed. She did well, but he retained significant assets & continued his high income practice with no further obligations to his ex-wife. With his new freedom, he developed a public reputation as a playboy cavorting with several young, pretty women (he & his ex-wife were probably mid-50’s). His wife took him to court demanding more money & whatever their settlement agreement he had to pay her atty fees & his. Rumor (only, no facts)… Read more »

Calsdad
Calsdad
Reply to  tex
7 years ago

Yes – start watching the videos. As a “movement” – it seems rather new as I just came across it myself. But as I said in the prior responses – I completely understand where they’re coming from as I took the red pill more than 30 years ago. I live in MA – this state has one of the worst as far as an anti-male court system. There have been cases (as you described) – where men were forced to pay for children that were not theirs – and were conceived thru cheating by the wife. I believe the man… Read more »

notsothoreau
notsothoreau
7 years ago

This is a true story. We know the guy in question. We’ve seen the court records and talked to the prosecutor. Our friend and a buddy were in their late teens. They were at a park with some younger girls, age 14 and 15. There was some beer and pot. They were doing the sort of horseplay young people do. Cops arrested both boys. One was charged on the pot and beer. Our friend was charged with sexual assault for touching one of the fully clothed girls on her breast. He was convicted. It was a misdemeanor. He did not… Read more »

teapartydoc
Member
7 years ago

I can’t be sure, but it sounds like he is being charged with sexual assault based on his resistance to being arrested by female police officers. To me this raises the stakes in any interaction with female officers for the future. We already know that female officers are more likely to use deadly force, which has already raised the stakes. Once the criminal public and the public at large are aware of the fact that arrest by a woman might lead to multiplication of spurious charges, the lives of female officers will be at more risk and a further escalation… Read more »

bilejones
Member
7 years ago

Grammer Nazi reporting for duty:

” peaked my curiosity.”

Piqued not peaked.

james wilson
james wilson
Reply to  bilejones
7 years ago

Speling Nazi

walt reed
walt reed
Reply to  james wilson
7 years ago

Grammar, not spelling. Each word is spelled correctly. The correct choice of words is the issue. You’re welcome. Best regards.

Cicatrizatic
Cicatrizatic
7 years ago

To make things worse, in the federal system, and in many state systems that are modeled on it, the traditional rules of evidence on character/past conduct evidence have been deliberately inverted in the case of sexual assault prosecutions. Under Federal Rule of Evidence 404(b), the prosecution is not permitted to introduce evidence of past similar crimes/conduct in order to show that, on the occasion in question, the defendant acted in accordance with that character. Thus it is not permissible for the prosecution to introduce evidence that the defendant committed a prior theft (or that the defendant has a reputation for… Read more »

Calsdad
Calsdad
7 years ago

This kind of thing seems to be getting a lot more attention as of late – but it has been going on for a LONG time. When I was in college more than 30 years ago, I spent a decent amount of time reading the “feminist” literature of the time – and you could see clearly the same type of anti-male-accuse-them-all-of-rape thing going on then – as is going on now. The seeds for what seems to be very prevalent now – was sown at least as far back as 30 years ago – and has it’s roots before that.… Read more »

Peretua of Berkeley
Peretua of Berkeley
7 years ago

When was the last time I heard of a man accused of sexual assault on another man? The Milwaukee police officer who shot Sylville Smith was accused of sexual assault in October.

Orange hat
Orange hat
7 years ago

In regards to Germany this was a result of magical thinking. One he other hand the way Europeans have related to one another has been unchanged for thousands of years – the problem was conflating the two.