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perhaps this is a semantics problem. power differential in and of itself is not the source of the problem. In all of the cases you construct, the problem is either a mental ability to consent issue (e.g. child) or fear that consent is indirectly forced given that the two parties are bound by another type of

How strong of a bar are willing to make that “clarity of consent” requirement? Would it be enough, for example, if he turned a smile when she pulled his diaper down and performed oral sex on him? I suspect many would say no, that a much stricter standard of consent is universally required. But then they would

I agree 40 years is excessive for rape, period. Has nothing to do with gender imbalances in sentencing, if that’s actually even true.

I also think 40 years is excessive for pretty much any crime save for multiple homicide. 40 years is basically a death sentence. For some, worse. rape is horrific and requires stiff sentencing - on par with the worst cases of aggravated assault (i.e. 20 years). It is not genocide.

have to disagree here. I don’t see any reason why power-parity should be a precondition for sex.

“Given the fact that he is said to be low-functioning, I’m going to assume he misses sex as much as a three year old does. sex is not part of his existence.”

I guess my question is... why do we trust the medical assessment of his mental toddler status? Yes, the FC method seems like pure quackery.. but that begs the question - on what basis does anyone, “medical professional” or not, determine his level of mental development when nothing can be communicated?

obvious troll is obvious