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Case against Rubel to be dropped because of world cup win :blink:
- Thread starter smash84
- Start date
In response to the bolded, yes, my post is blending the legal with the moral -- I mention as much in the wall-of-text
Rape as a social construct delineating legitimate and illegitimate *** and rape as a legal construct delineating legal and illegal *** are two different things. I agree with you that, as the law stands in most Western nations at present, Rubel is not a criminal. But by Bangladeshi law, he conceivably could be (up to the courts and a jury to decide that, not that it's going to trial). I think we'd all agree that, if he did mislead her, his actions are douche-y.
What about "I'm only willing to have *** with you if you use a condom"?
What about "I only give you consent for ***ual acts A, B and C, but not D"?
What about lying about the results of an STI test to have *** with her?
I think this article is worth a read (arguably NSFW).
Bahnz
Hall of Fame Member
The examples you list all relate to the actual act of *** in the first place though. There's a big difference between defining what is and isn't ok when it comes to ***, and the Rubel case which involves conditions that are entirely seperate to the alleged rape in question. I mean, in most cases, an implied condition of *** is that the partners will remain faithful to one another. Does that mean that anyone who cheats on their partner is guilty of rape?
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Magrat Garlick
Rather Mad Witch
Dreadful posting.
harsh.ag
Cricket Web: All-Time Legend
Yeah, this isn't acceptable.
Magrat Garlick
Rather Mad Witch
surely your eyes have glazed over a Spikey post because "this'll be a meme I don't get"
And yeah mod input so let's leave it eh
I took action against weldone's post earlier. I felt it was obvious enough to everybody that posting along those lines wasn't acceptable. Alas, apparently it was not, in spite of the huge number of infractions we've handed out for that type of thing.
AndyZaltzHair
Hall of Fame Member
Such a drama queen, Happy wrote all these when the match was ongoing:
''Yessss! I’m very happy. Got wicket. Well done Babu (baby), keep it up,” she wrote.
She sent a kiss his way after the dramatic win. “I’m speechless.”
“I hope Rubel plays well in all the upcoming matches. Like all cricket fans, I want him to succeed. My congratulations to the entire team,” -bdnews24.com
''Yessss! I’m very happy. Got wicket. Well done Babu (baby), keep it up,” she wrote.
She sent a kiss his way after the dramatic win. “I’m speechless.”
“I hope Rubel plays well in all the upcoming matches. Like all cricket fans, I want him to succeed. My congratulations to the entire team,” -bdnews24.com
Maximas
Cricketer Of The Year
Many a time
Teja.
Global Moderator
Dan,
First, the stand of "Who are we to comment about what constitutes rape in the South Asian cultural context" would have merit if the South Asian/Bangladeshi norm was that *** on false promise would actually be considered rape. This, however, is patently untrue. It was not the intent of the legislature while framing the 'consent' laws that false promise would be interpreted within the legal framework for rape in the modern world devoid of context. Rape charges like this are widely considered a joke both by society and legal academic circles.
It is definitely true that reneging on a marriage promise obviously has drastically different connotations in BD and in the western world and a societal argument can be made for punishing false promises of marriage (though I wouldn't subscribe to it). However, that has to constitute a completely different legal framework and trying to hijack it using a super technical interpretation of rape laws is something which is thoroughly ridiculous. It is not a societal differences issue as you have framed it but an insufficiency in South Asian law regarding the interpretation of consent which has led to vexatious litigation which should be rectified within the next few years, at least in the Indian context.
Additionally, you obviously agree that there are certain types of laws in countries which should be universally looked down upon. A 5 year jail sentence/caning for possession of marijuana or say, imprisonment for homosexuality. Rigorous imprisonment, the deprivation of enjoyment of life and liberty for a charge such as *** on false promise of marriage is something you're comfortable with, regardless of where in the world it might be?
Basically, the false promise *** issue, particularly with regard to rape conviction is neither jurisprudentially nor societally nor logically nor morally accurate. It exists due to a technicality in interpretation of law.
It's the bastard child of blackmail litigation and context-less interpretation of statute and having the issue of rape in the same hemisphere does a lot of damage to rape laws which are an extremely important legal protection.
First, the stand of "Who are we to comment about what constitutes rape in the South Asian cultural context" would have merit if the South Asian/Bangladeshi norm was that *** on false promise would actually be considered rape. This, however, is patently untrue. It was not the intent of the legislature while framing the 'consent' laws that false promise would be interpreted within the legal framework for rape in the modern world devoid of context. Rape charges like this are widely considered a joke both by society and legal academic circles.
It is definitely true that reneging on a marriage promise obviously has drastically different connotations in BD and in the western world and a societal argument can be made for punishing false promises of marriage (though I wouldn't subscribe to it). However, that has to constitute a completely different legal framework and trying to hijack it using a super technical interpretation of rape laws is something which is thoroughly ridiculous. It is not a societal differences issue as you have framed it but an insufficiency in South Asian law regarding the interpretation of consent which has led to vexatious litigation which should be rectified within the next few years, at least in the Indian context.
Additionally, you obviously agree that there are certain types of laws in countries which should be universally looked down upon. A 5 year jail sentence/caning for possession of marijuana or say, imprisonment for homosexuality. Rigorous imprisonment, the deprivation of enjoyment of life and liberty for a charge such as *** on false promise of marriage is something you're comfortable with, regardless of where in the world it might be?
Basically, the false promise *** issue, particularly with regard to rape conviction is neither jurisprudentially nor societally nor logically nor morally accurate. It exists due to a technicality in interpretation of law.
It's the bastard child of blackmail litigation and context-less interpretation of statute and having the issue of rape in the same hemisphere does a lot of damage to rape laws which are an extremely important legal protection.
