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Culture War Roundup for the week of July 6, 2026

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For the cat example, you have technically been assaulted no (assuming we held cats to human standards at least for the analogy to hold)? Someone else who likes cats less could throw your cat across the room in self defense. The fact you don't take it seriously is your prerogative, but in a human to human scenario that would be assault (or battery or whatever). If a man walks up to you and scratches your stomach with sharp fingernails, I assume you are not going to be as sanguine (though, hey what do I know, maybe that would float your boat!)

For the wife example, however grudgingly you did indeed consent. So that's not the same as "lack of consent"

Lack of consent is the literal difference between rape and not rape. If she does indeed grudgingly consent to Platner then it is not rape I agree. If she doesn't consent at all then it doesn't matter what other actions she takes, it is rape.

After 5 years and with presumably no evidence it might not be prosecutable or provable beyond a reasonable doubt of course, either way.

For the wife example, however grudgingly you did indeed consent. So that's not the same as "lack of consent"

I think this is the line being discussed. HereandGone is interpreting her actions as being closer to "begrudging consent". The problem with

Lack of consent is the literal difference between rape and not rape.

is that, particularly among people who have an existing, ongoing sexual relationship, that line can get blurry.

It can! But the statement wasn't about why he may have assumed he had consent or similar. Her statement was that lack of consent does not make rape. Not that the line was blurry, or that he may have assumed consent, or that it wasn't communicated well or anything of the sort.

The literal difference between rape and not rape is the lack of consent. The line might get blurry as to whether she did consent, I agree. But if she did not it is rape.

If she just meant the line is blurry then her choice of wording was poor indeed.

You're still assuming the situation can be resolved into a binary state. She herself might not have a consistent take on if she begrudgingly tolerated sex with an intermittent partner of known sexual forwardness, or was raped. And even if she did ultimately decide it was easier to just fuck him and kick him out in the morning, that doesn't mean his behavior wasn't shitty and wrong. But if he'd done the same thing a half dozen times before and found her more receptive (perhaps after a token "No, it's late, you shouldn't"), then that would make his behavior (and hers!) more understandable.

It is a binary state though. It might be unknowable to us, but she was either consenting or not. She might rationalize it after one way or the other, thats all true. He might have had prior reason to assume her consent one way or another. Again all true.

But at the point of the act whether she consented or not is the difference between rape or not. And that is binary. In her mind she was either consenting or not.

She might go back and forth afterwards, absolutely. Humans are great at rationalizing all kinds of things.

Her post hoc rationalizations one way or the other cannot change the past.

It is a binary state though.

This is quite the claim about a concept that is known to be rather messy. Multiple entire books have been written by philosophers of ethics trying to explore the nature of consent, because it is, indeed, rather messy. One may desire to collapse all the messiness down to a binary state, but that is a significant enough of a claim that it likely requires yet another one of those books written by a philosopher of ethics to argue for. Probably not something that's going to be settled in a MottePost.

To be clear, I think that for some situations (many situations), there is a clean enough mapping from the complex mental state that was present in that situation to a binary consent state. But that mapping is not always clean. One can hold as an axiom that, in theory, such a mapping must always exist, but that would either be an axiom or a claim. If it's a claim, I think it's hard to look at the existing academic work and believe that it has been conclusively shown.