3 ms·
> Stallman defended Minsky by saying it wasn't rape and it was assault. To mount this defence Stallman had to ignore common English definitions for both words,
by FeepingCreature 7y ago
> Stallman defended Minsky by saying it wasn't rape and it was assault. To mount this defence Stallman had to ignore common English definitions for both words, and he had to ignore the legal definitions of both words.
I disagree on both accounts. Rape, to derive its moral severity, requires either intent or negligence. I realize there's a meme about "she told me she was 18" but that does fall under the negligence angle - the implication is "he should have known". (And Minksy did know, or at least suspected.) But drop into a situation where there was no way for them to know, and at least to my intuition the moral badness disappears.
I think there's just a level of ... the sexual event alone creates a certain mass of moral badness, and this mass has to go somewhere, so it's usually pinned on the older partner. However, I'm fully willing to pin it on Epstein in this case if it has to go anywhere. And if that isn't possible - well, maybe it can't be put anywhere. I think this is a social/moral difference; I come from a society where even the law acknowledges that sometimes there's morally bad events that have no guilty party at all. If a mentally disabled person rapes someone because they have no concept of consent, whose moral fault is it? Where do we put the blame? To me, it's obvious that we put it with the people and structures that were supposed to have prevented the event but failed to. If the event was provoked, we put it with the people who provoked it. In this case, that person is unambiguously Epstein, who was the source and cause of all the moral badness in play. This is not always possible, but conveniently in this case it is.