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Feminism: Sex and gender discussions
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7
Clusterfuckular · Yesterday 19:45

https://www.parliament.scot/bills-and-laws/bills/s3/sexual-offences-scotland-bill

https://webarchive.nrscotland.gov.uk/public/+/archive2021.parliament.scot/parliamentarybusiness/Bills/16835.aspx

'CONSULTATION
173. The main consultation document for this Bill, Consultation on Scottish Law Commission Report on 1rape and sexual offences was issued by the Scottish Government, following Scottishgovt consultation
These documents relate to the Sexual Offences (Scotland) Bill (SP Bill 11) as introduced in the
Scottish Parliament on 17 June 2008
2publication of the Scottish Law Commission’s (SLC) report on rape and other sexual offences in December 2007. The SLC earlier undertook a public consultation on a discussion paper, seeking views on their emerging findings, in January 2006. The outcome of that consultation helped to inform their final report.'

The Scottish Parliament

The Scottish Parliament examines what the Scottish Government is doing, makes new laws on devolved matters and debates the issues of the day.

https://www.parliament.scot/bills-and-laws/bills/s3/sexual-offences-scotland-bill

HenriettaHippopotamus · Yesterday 19:45

I think the interviewer makes him look worse as she misunderstands his muddled speech and thinks he is talking about rape being more or less severe. He sort of veers away from that. I think like someone said before he sees everything through a queer theory lens and so boundaries are to be blurred. He also never wants to see a situation black and white and so that’s why there’s focus on the rehabilitation and the experience of the rapist.

This is a good example to show how certain academic courses can diminish, rather than enhance, a person's clarity of thought.

Clusterfuckular · Yesterday 19:48

https://en.wikipedia.org/wiki/Sexual_Offences_(Scotland)_Act_2009

'In 2004, the Scottish Law Commission began working on a reference from the Scottish Executive to "examine the law relating to rape and other sexual offences, and the evidential requirements for proving such offences, and to make recommendations for reform" and completed its report in December 2007.[1] The Scottish Government gave a commitment to bring forward legislation in the light of the commission's review.[2] Before the enactment of this act, Scotland had very few statutory sexual offences, with most of its sexual legislation being defined at common law, which was increasingly seen as a problem.[3]'

'Male rape (male on male assault) is also included in the offence of rape; before this new definition, rape was defined as non-consensual vaginal intercourse imposed by a male against a female.'

Sexual Offences (Scotland) Act 2009 - Wikipedia

https://en.wikipedia.org/wiki/Sexual_Offences_(Scotland)_Act_2009

SummerSummerSummertime · Yesterday 19:49

Ffs

Clusterfuckular · Yesterday 19:52

http://news.bbc.co.uk/1/hi/scotland/8092157.stm

'The laws were passed by 121 votes to zero, although Green MSP Patrick Harvie abstained. '

https://www.heraldscotland.com/default_content/12382863.msp-drops-law-change-plea-sex-games/

'MSPs today heard a plea for the fear of prosecution for assault to be lifted from those taking part in consensual bondage, sado-masochism, and similar practices.
The plea came from Green MSP Patrick Harvie who told a Holyrood committee the present law was an "anomaly".
But he dropped a bid to change the law after Justice Minister Kenny MacAskill and other MSPs said lifting the threat of prosecution could provide a loophole for those charged with domestic abuse and sex crimes.
Mr Harvie made his plea when the Justice Committee today scrutinised the Sexual Offences (Scotland) Bill.
If passed, the Bill will radically overhaul existing law on rape and other sex crimes, and will redefine consent as "free agreement".
Mr Harvie tabled an amendment to the Bill under which the crime of assault would not be committed if consensual acts between those over 16 were carried out for "sexual gratification", if both participants agreed and where serious injury was unlikely.
He said he was tabling the amendment to trigger debate and to enable Mr MacAskill to explain why a change recommended by the Scottish Law Commission was not included in the Bill.
Mr Harvie told MSPs the practices covered by his amendment were known as "BDSM activity", a term which includes bondage, sadism, masochism, dominance and submission.
He accepted the Government feared such a provision could be misused by those accused of domestic abuse.
He argued that if the Government believed BDSM activity between consenting adults was a criminal offence, that was an anomaly.
"All other matters being equal, these situations should not be seen as a priority for prosecution," he said.
"In situations where consent is uncontested, where all the people involved agree there was free and informed consent between them, these should surely not be treated as assaults worthy of prosecution and punishment."
The present law could cause harm of the type once suffered by gay men, said Mr Harvie.
"Many ordinary people who simply have a different kind of sex life to other people can lose their jobs, their homes and their family as a result of public disapproval."'

BBC NEWS | Scotland | MSPs pass major sex crime reforms

http://news.bbc.co.uk/1/hi/scotland/8092157.stm

IwantToRetire · Yesterday 20:39

Clusterfuckular · Yesterday 19:52

http://news.bbc.co.uk/1/hi/scotland/8092157.stm

'The laws were passed by 121 votes to zero, although Green MSP Patrick Harvie abstained. '

https://www.heraldscotland.com/default_content/12382863.msp-drops-law-change-plea-sex-games/

'MSPs today heard a plea for the fear of prosecution for assault to be lifted from those taking part in consensual bondage, sado-masochism, and similar practices.
The plea came from Green MSP Patrick Harvie who told a Holyrood committee the present law was an "anomaly".
But he dropped a bid to change the law after Justice Minister Kenny MacAskill and other MSPs said lifting the threat of prosecution could provide a loophole for those charged with domestic abuse and sex crimes.
Mr Harvie made his plea when the Justice Committee today scrutinised the Sexual Offences (Scotland) Bill.
If passed, the Bill will radically overhaul existing law on rape and other sex crimes, and will redefine consent as "free agreement".
Mr Harvie tabled an amendment to the Bill under which the crime of assault would not be committed if consensual acts between those over 16 were carried out for "sexual gratification", if both participants agreed and where serious injury was unlikely.
He said he was tabling the amendment to trigger debate and to enable Mr MacAskill to explain why a change recommended by the Scottish Law Commission was not included in the Bill.
Mr Harvie told MSPs the practices covered by his amendment were known as "BDSM activity", a term which includes bondage, sadism, masochism, dominance and submission.
He accepted the Government feared such a provision could be misused by those accused of domestic abuse.
He argued that if the Government believed BDSM activity between consenting adults was a criminal offence, that was an anomaly.
"All other matters being equal, these situations should not be seen as a priority for prosecution," he said.
"In situations where consent is uncontested, where all the people involved agree there was free and informed consent between them, these should surely not be treated as assaults worthy of prosecution and punishment."
The present law could cause harm of the type once suffered by gay men, said Mr Harvie.
"Many ordinary people who simply have a different kind of sex life to other people can lose their jobs, their homes and their family as a result of public disapproval."'

Not quite sure what I have just skim read!

Will have to come back.

I wonder if there were any FWR threads on this at the time.

JesseDavisGonnaHangOnInThereNSoul · Yesterday 20:59

I bet he wouldn't be so philosophical about it if he himself was violated in a violent manner
Prize prick!

Kingdomofsleep · Yesterday 21:15

Clusterfuckular · Yesterday 19:52

http://news.bbc.co.uk/1/hi/scotland/8092157.stm

'The laws were passed by 121 votes to zero, although Green MSP Patrick Harvie abstained. '

https://www.heraldscotland.com/default_content/12382863.msp-drops-law-change-plea-sex-games/

'MSPs today heard a plea for the fear of prosecution for assault to be lifted from those taking part in consensual bondage, sado-masochism, and similar practices.
The plea came from Green MSP Patrick Harvie who told a Holyrood committee the present law was an "anomaly".
But he dropped a bid to change the law after Justice Minister Kenny MacAskill and other MSPs said lifting the threat of prosecution could provide a loophole for those charged with domestic abuse and sex crimes.
Mr Harvie made his plea when the Justice Committee today scrutinised the Sexual Offences (Scotland) Bill.
If passed, the Bill will radically overhaul existing law on rape and other sex crimes, and will redefine consent as "free agreement".
Mr Harvie tabled an amendment to the Bill under which the crime of assault would not be committed if consensual acts between those over 16 were carried out for "sexual gratification", if both participants agreed and where serious injury was unlikely.
He said he was tabling the amendment to trigger debate and to enable Mr MacAskill to explain why a change recommended by the Scottish Law Commission was not included in the Bill.
Mr Harvie told MSPs the practices covered by his amendment were known as "BDSM activity", a term which includes bondage, sadism, masochism, dominance and submission.
He accepted the Government feared such a provision could be misused by those accused of domestic abuse.
He argued that if the Government believed BDSM activity between consenting adults was a criminal offence, that was an anomaly.
"All other matters being equal, these situations should not be seen as a priority for prosecution," he said.
"In situations where consent is uncontested, where all the people involved agree there was free and informed consent between them, these should surely not be treated as assaults worthy of prosecution and punishment."
The present law could cause harm of the type once suffered by gay men, said Mr Harvie.
"Many ordinary people who simply have a different kind of sex life to other people can lose their jobs, their homes and their family as a result of public disapproval."'

It sounds like that proposed amendment wasn't passed for fear that domestic abusers would use it as a defence - but domestic abusers do still use that as a defence don't they? You read it in the news sometimes that a man strangles his girlfriend but then claims it was part of consensual sex.

But yeah it's yet another reason not to vote Green, the list is becoming endless

StickySundew · Yesterday 22:50

@Datun I imagine he sees verbally coercive rape as less rape than physically violent rape. It isn't.

Rape is always violent. It is per se a violent crime.

moto748e · Yesterday 23:02

Tbf, Patrick Harvie has been very much been one of the good guys on women's rights, hasn't he?

Datun · Yesterday 23:49

StickySundew · Yesterday 22:50

@Datun I imagine he sees verbally coercive rape as less rape than physically violent rape. It isn't.

Rape is always violent. It is per se a violent crime.

I completely agree. I was trying to understand his mindset. But yes, any unconsenting sex by its very nature constitutes violence.

MyrtleLion · Today 01:31

I was raped in a "minor way", (I'm not going into details, but there was definitely PIV), so probably at the lower end of his "rape spectrum".

I can tell you that the terror of realising firstly that my explanation for not wanting sex was not going to be respected, that he was not going to stop, of being overpowered by his bigger strength, of him ripping my underwear and the rest of it, that rape is rape.

I would not wish sexual assault on anyone, but maybe if he'd had a taste of the fear that he might be raped, as nearly all women have, he would be more circumspect in his remarks.

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