Cads, you’re on notice – we now have a contemporary definition of rape

When society undergoes a tectonic shift, it sometimes gets buried in the media cycle. Like earthquakes, we focus on the force rather than the new geological reality.

With painstaking nuance, Lee found that, though Brittany Higgins had shown enthusiasm for Lehrmann by engaging in passionate kissing at a nightclub, and though she had agreed to go back to Parliament House – probably to continue the intimacy in some form – at the point at which sex occurred, Higgins was too affected by alcohol to consent and Lehrmann was reckless to her consent. And that is the contemporary definition of rape., but drew a distinction between cad and rapist.

It is a matter of agreement among women whose identity I shall conceal in recognition of the frankness of their disclosures, that one or other of us may have had sex that we don’t consider rape, although we weren’t exactly declaiming our consent in the classifieds. Sometimes it was “lazy acquiescence” sex, when we’d found ourselves consensually in someone else’s bed and decided that getting sex over and done with meant we could get to sleep more quickly.

To this, Lee’s judgment brought some much-needed clarity, when he found on this basis that the average person “would think a man would have raped a woman if he was so bent on his gratification and indifferent to the rights of the woman that he ignored or was indifferent to the requirement for her consent”.

Source: Law Daily Report (lawdailyreport.net)

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