Alcohol and Rape

Katie Roiphe and Nicholas Dixon are individuals who have written articles concerning social matters in society. It is of importance to take a keen interest of these social aspects since they involve every person in the society in one way or the either, i.e. either directly. Katie Roiphe gives a thorough critical analysis of social theme, “Date Rape’s Other Victims” while giving views from her own perspective. On the other hand, Nicholas Dixon is emphasizing on the theme, “Alcohol and Rape”, whereby he gives a critical interpretation of the matter in relation to the subjects involved, i.e. the victims. However, the two writers are differing in their opinions based on their matters of discussion bearing in mind that both themes are related. Both writers give controversial statements in their articles based on their beliefs and understanding or how they observed and judged the situation at hand. From one perspective, based on evidence sourced in their writings, some of their opinions can be agreed to while some can be strongly objected from another perspective. The argumentative essay is going to explore the opinions of these two writers and give opposing or supportive information based on evidence and my own opinions.


Description of the Case “Sexuality” Between Roiphe and Dixon


Dixon emphasizes that it is wrong for one party to fail to meet the “communicative sexuality” standard. “Communicative sexuality” standard is the willingness of an individual to involve themselves in intimacy (sexual act). Before engaging in sex, both parties should be willing to do the same, otherwise, if it is only one party, then it will be rape. Rape is sex without consent. If one party fails to give consent or they are incapable of giving consent, then that is rape. On the contrary, Roiphe is emphasizing that is nothing wrong with sex. An example is a case, whereby both parties are moderately under the influence of alcohol, and are expressing strong nonverbal signals of wanting sex ("The Morning After … Sex, Fear, And Feminism On Campus | Richard Heffner's Open Mind Archive"). However, in this situation, there is neither an explicit question and respective answer about being intimate. In my own opinion, I strongly disagree with Roiphe’s argument. This is because a person who has been intoxicated with alcohol or other drugs have lost their soundness and reasoning. Therefore, these individuals lack the competency to give consent for sex. Hence, sex in this compromised circumstance can be referred to as rape. Another example is when an old person of maybe 20 years and above has sex with a child. This is considered rape because the child lacks the reasoning and knowledge capacities and emotional maturity as well in order to give consent for the same. In this case, it is important to support the Dixon argument since it is morally acceptable based on moral values and social ethics.


In Dixon’s argument, he thinks that alcohol has the ability to alter a person’s standard for securing a consent for sex advances since it alters the cognitive abilities (reasoning and emotional feelings) of an individual (Www-Personal.Umich.Edu, 2018). Dixon also thinks that if a man gets involved in sexual intercourse with a woman who is tipsy after taking a small amount of alcohol but later regrets the act, then the man is not guilty. Katie Roiphe disagrees with the thoughts of Dixon. She thinks that if a woman is under the influence of alcohol, whether she is very drunk or just tipsy, having sex with her is rape. She further argues that even if alcohol is taken in small quantity by either party, it alters the reasoning capacity of the victim, hence making them unable to give consent. This is a case which has led a serious argument between various philosophers, and law and corrective organizations. In this case, I agree with the opinions of Roiphe since alcohol, however small, depending on the metabolism of the individual for alcohol, the small amount can alter their mental capacity making them say yes only to regret later why they did the same. Therefore, this situation will make the man guilty. I think a man who is not drunk should understand the condition of their partner of opposite sex and refrain from falling the trap of rape, i.e. sex without a consent from a sound person.


Roiphe thinks that we’re at risk of denying female sexual agency. I strongly disagree with Roiphe’s argument because both parties lack consent since intimacy needs to be of mutual interest, i.e. from both parties involved. Sex should be the willingness of both parties to do it instead of forcing or taking advantage of a partner’s situation since this will be clearly considered as rape. Roiphe’s argument also violets the right of the other person who is in a compromised situation, who is heavily drunk or in one way or the other has the incapacity to give consent maybe as a result of physical or mental problems. One, especially the males, should completely ignore Roiphe’s statement, “one is at risk of denying female sexual urge” and practice to control their sexual urge to avoid being tempted to taking advantage of the other party and committing rape as a result. However, from a literal point of view, Roiphe is condemning the female victims as being responsible for the outcome of rape after getting drunk. Despite, the males being morally obligated in all situations possible to refrain from “impaired sex”, the females also have a feminine responsibility to be careful what they drink when with somebody they don’t have trust in. They should refrain from involving in strange behaviors which can put them in a situation of victimization and then shift blames to the man. Based on moral ethics and individual responsibility, I agree with this opinion of Roiphe because every individual has a moral responsibility and duty to take care of themselves to avoid the short-comes of alcohol consumption or abuse of other illegal drugs.


For example, in college settings, when a rapist and the victim are known to be consumers of alcohol, and to the extent that facts state that the woman has been drinking alcohol with their partner before having sexual relations, usually affects the determination of most philosophers, professional lawyers, and corrective officers if this is a rape case or not. Dixon considers the impact of a woman of taking alcohol on both the actus reus (guilty act) side and the mens rea (guilty mind) side, which are the main elements of rape. By critically determining the two elements carefully, one can be able to evidently conclude that rape occurred, and one member of the party is guilty of taking advantage of the other. In this case, I will agree with Dixon’s opinion that the man will be guilty only if he not only committed the sex without his partner’s consent (i.e. actus reus element of rape), but also did the act out of the requisite of a guilty mind (mens rea). Being guilty of mind means that the man did the act out negligence, knowingly, recklessly, or intentionally. On top of that, Dixon thinks that regardless of a woman’s alcoholic intake, if their partner gets intimate with them, that is rape. However, in my own opinion, this cannot be a decisive judgment in some cases whereby both parties have been having the habit of drinking alcohol for some time. In this case, the woman knows what she is doing and knows the outward implications after becoming drunk but still does the same. Also, you might find out that the woman had already given her consent for the act. Therefore, it will be unjust to judge the man for rape.


I solidly believe that in some cases, for example, in the college settings, it is evident to conclude that the women are solely responsible for their weird behavior and actions which results to their circumstances and predicaments. Roiphe emphasizes that women should practice respecting their womanhood by being responsible to avoid landing in this situation and then blame their partners as being responsible for what happened. A sound and moral woman should not use alcohol as an excuse for being involved in rape when they already knew the implications of what they are doing. They should, therefore, be cautious by avoiding drinking or doing so in a responsible way, not to a point of getting drunk to stupor that can lead to victimization, i.e. sex without consent (rape). Paglia, another philosophical writer, also supports this argument. Paglia argues that intimacy (sex) is an inherently risky business whereby rape is a danger which is ever present. Instead of women complaining about sexual assault now and then, those who desire and decide to sexually active should take measures to prevent or reduce the risk of being raped. This is because caution starts from me. The women should be always alert of the warning signs, learning self-defense, and avoiding getting drunk, knowing that doing so will put them in the risk of being taken advantage of and raped.


In my own opinion, basing my argument from Dixon’s explanation for “alcohol and rape”, men who have been in a committed long-term relationship are as well not exempted from the charges of impaired sex/sexual misconduct which is also known as marital rape. A lot of criticism has been made demanding men to refrain at all situations from impaired sex. It is wrong for the man to proceed with sexual intimacy with their partners especially when they are heavily drunk. I as well believe that a woman’s consent for sexual intimacy should be voluntary and based on her desires for the same. An exception for this case is when a woman, when sober, gives an advance consent before being heavily drunk and getting into sexual intercourse with their partner. Therefore, in ongoing relationships and advance consents, men should be exempted from rape charges.


Conclusion


Katie Roiphe’s “Date Rapes Other Victims” and Nicholas Dixon’s “Alcohol and Rape” topics are very important in the society since they provide knowledge about being morally responsible. One has a moral responsibility and duty to refrain from activities that expose them to the risk of rape (sex without consent). Women, especially those who abuse alcohol, should stop shifting blames to men when in circumstances of rape since they know drinking is one of the risk factors that can contribute to rape. Despite some information of both writers being criticized and triggering a lot of arguments, their articles have some rudiments of moral knowledge that should be embraced that can be utilized by men and women in the society and also lawyers and corrective officers handling rape cases.


Works Cited


"The Morning After … Sex, Fear, And Feminism On Campus | Richard Heffner's Open Mind Archive". Richard Heffner's Open Mind Archive, 2018, https://www.thirteen.org/openmind-archive/feminism/the-morning-aftersex-fear-and-feminism-on-campus/. Accessed 10 Nov 2018.


Www-Personal.Umich.Edu, 2018, http://www-personal.umich.edu/~jdmitrig/7%20Dixon.pdf. Accessed 10 Nov 2018.

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