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	<title>Comments on: Flaws of the Mr. Smith rape analogy</title>
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		<title>By: jordan</title>
		<link>http://www.jordanlapp.com/flaws-of-the-mr-smith-rape-analogy/comment-page-1#comment-3736</link>
		<dc:creator>jordan</dc:creator>
		<pubDate>Thu, 31 Mar 2011 01:18:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.jordanlapp.com/withoutreallytrying/?p=300#comment-3736</guid>
		<description>Absolutely we need to punish the offender. I&#039;m 100% with you there.

However, to use an analogy, if a skier undertakes the bad decision of going out of bounds and places themselves in a vulnerable position, they should have to cover at least part of the costs of rescuing them.  

The offender should absolutely be punished with the maximum penalty allowed under law. I&#039;m not arguing that at all. What I&#039;m saying is that people need to be held somewhat accountable for poorly made decisions.</description>
		<content:encoded><![CDATA[<p>Absolutely we need to punish the offender. I&#8217;m 100% with you there.</p>
<p>However, to use an analogy, if a skier undertakes the bad decision of going out of bounds and places themselves in a vulnerable position, they should have to cover at least part of the costs of rescuing them.  </p>
<p>The offender should absolutely be punished with the maximum penalty allowed under law. I&#8217;m not arguing that at all. What I&#8217;m saying is that people need to be held somewhat accountable for poorly made decisions.</p>
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		<title>By: Amanda</title>
		<link>http://www.jordanlapp.com/flaws-of-the-mr-smith-rape-analogy/comment-page-1#comment-3735</link>
		<dc:creator>Amanda</dc:creator>
		<pubDate>Thu, 31 Mar 2011 00:59:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.jordanlapp.com/withoutreallytrying/?p=300#comment-3735</guid>
		<description>Many people make bad decisions and place themselves in vulnerable situations.  This does not excuse the behavior of another individual to take advantage of someone in a vulnerable state.  We all have the ability to choose not to take advantage of someone who is vulnerable.  The majority of people have been in a situation where they could have taken advantage of a vulnerable situation, but choose not to because of their character and/or morals.  That is what separates the majority of people from offenders. The choices we make.</description>
		<content:encoded><![CDATA[<p>Many people make bad decisions and place themselves in vulnerable situations.  This does not excuse the behavior of another individual to take advantage of someone in a vulnerable state.  We all have the ability to choose not to take advantage of someone who is vulnerable.  The majority of people have been in a situation where they could have taken advantage of a vulnerable situation, but choose not to because of their character and/or morals.  That is what separates the majority of people from offenders. The choices we make.</p>
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		<title>By: Jordan Lapp</title>
		<link>http://www.jordanlapp.com/flaws-of-the-mr-smith-rape-analogy/comment-page-1#comment-1922</link>
		<dc:creator>Jordan Lapp</dc:creator>
		<pubDate>Thu, 30 Apr 2009 20:56:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.jordanlapp.com/withoutreallytrying/?p=300#comment-1922</guid>
		<description>Sorry, I just read your example a little closer. In your example, the strip club would have a responsibility to protect its staff, and would be (and is) subject to civil action if it doesn&#039;t.

A stripper in that atmosphere has an expectation of protection. It&#039;s the club that&#039;s engaging in risky behaviour, not the stripper.</description>
		<content:encoded><![CDATA[<p>Sorry, I just read your example a little closer. In your example, the strip club would have a responsibility to protect its staff, and would be (and is) subject to civil action if it doesn&#8217;t.</p>
<p>A stripper in that atmosphere has an expectation of protection. It&#8217;s the club that&#8217;s engaging in risky behaviour, not the stripper.</p>
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		<title>By: Jordan Lapp</title>
		<link>http://www.jordanlapp.com/flaws-of-the-mr-smith-rape-analogy/comment-page-1#comment-1921</link>
		<dc:creator>Jordan Lapp</dc:creator>
		<pubDate>Thu, 30 Apr 2009 20:50:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.jordanlapp.com/withoutreallytrying/?p=300#comment-1921</guid>
		<description>No. Honestly, I don&#039;t know if this argument is productive. You&#039;re ignoring every point I make and just fixating on the fact that I&#039;m saying &quot;punish the victim&quot;, when, in fact, I&#039;ve never said that.

So, to close, I&#039;ll just say again: &quot;It&#039;s not about punishing the victims, it&#039;s about discouraging reckless behaviour&quot;.</description>
		<content:encoded><![CDATA[<p>No. Honestly, I don&#8217;t know if this argument is productive. You&#8217;re ignoring every point I make and just fixating on the fact that I&#8217;m saying &#8220;punish the victim&#8221;, when, in fact, I&#8217;ve never said that.</p>
<p>So, to close, I&#8217;ll just say again: &#8220;It&#8217;s not about punishing the victims, it&#8217;s about discouraging reckless behaviour&#8221;.</p>
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		<title>By: SMD</title>
		<link>http://www.jordanlapp.com/flaws-of-the-mr-smith-rape-analogy/comment-page-1#comment-1920</link>
		<dc:creator>SMD</dc:creator>
		<pubDate>Thu, 30 Apr 2009 20:45:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.jordanlapp.com/withoutreallytrying/?p=300#comment-1920</guid>
		<description>Right, but by saying that, then, if a stripper gets raped by someone who visits a strip club, she would be punished as the victim simply because she was naked and in a profession that has the potential to be dangerous.  And I see something morally reprehensible about punishing victims, even if they knew the risks.  We&#039;re talking about crimes, not people jumping out of airplanes for the thrill.</description>
		<content:encoded><![CDATA[<p>Right, but by saying that, then, if a stripper gets raped by someone who visits a strip club, she would be punished as the victim simply because she was naked and in a profession that has the potential to be dangerous.  And I see something morally reprehensible about punishing victims, even if they knew the risks.  We&#8217;re talking about crimes, not people jumping out of airplanes for the thrill.</p>
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		<title>By: Jordan Lapp</title>
		<link>http://www.jordanlapp.com/flaws-of-the-mr-smith-rape-analogy/comment-page-1#comment-1919</link>
		<dc:creator>Jordan Lapp</dc:creator>
		<pubDate>Thu, 30 Apr 2009 20:22:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.jordanlapp.com/withoutreallytrying/?p=300#comment-1919</guid>
		<description>I think we&#039;re going to have to agree to disagree. 

To illustrate my point, I&#039;m going to ignore your inflammatory example, and use to other one &quot;Going into violent areas to rescue people&quot; because it makes my point perfectly. The person that goes into that area to help people is fine. If someone went into the same area to &quot;thrill-seek&quot;, absolutely, they should be fined.

Strippers that do private parties should be licensed and either purchase insurance, or be forced to hire protection or lose their license. If a women (or man) gets hammered at a biker bar, takes off all his/her clothes, and starts dancing on a table and something happens, absolutely his/her attackers should be prosecuted, but he/she should also be fined. 

It&#039;s not about punishing the victims, it&#039;s about discouraging reckless behavior. Period.</description>
		<content:encoded><![CDATA[<p>I think we&#8217;re going to have to agree to disagree. </p>
<p>To illustrate my point, I&#8217;m going to ignore your inflammatory example, and use to other one &#8220;Going into violent areas to rescue people&#8221; because it makes my point perfectly. The person that goes into that area to help people is fine. If someone went into the same area to &#8220;thrill-seek&#8221;, absolutely, they should be fined.</p>
<p>Strippers that do private parties should be licensed and either purchase insurance, or be forced to hire protection or lose their license. If a women (or man) gets hammered at a biker bar, takes off all his/her clothes, and starts dancing on a table and something happens, absolutely his/her attackers should be prosecuted, but he/she should also be fined. </p>
<p>It&#8217;s not about punishing the victims, it&#8217;s about discouraging reckless behavior. Period.</p>
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		<title>By: SMD</title>
		<link>http://www.jordanlapp.com/flaws-of-the-mr-smith-rape-analogy/comment-page-1#comment-1918</link>
		<dc:creator>SMD</dc:creator>
		<pubDate>Thu, 30 Apr 2009 19:42:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.jordanlapp.com/withoutreallytrying/?p=300#comment-1918</guid>
		<description>I didn&#039;t say we&#039;ve transcended the animal kingdom, just that different rules apply to human beings simply because of where we are as a species.  If we were more like tigers, we wouldn&#039;t be having this discussion at all, but since we are capable of deeply considering our existence, we are at a different plane than other animals.  I&#039;m not saying we&#039;re superior, just different.  We&#039;re still animals, but the way you meant &quot;animals&quot; is not the kind of relationship we&#039;re dealing with for humans in the animal kingdom.

And no, a crime is a crime is a crime is a crime.  Period.  By your logic you&#039;re basically saying that any woman who dresses in a manner society deems inappropriate and gets raped should have to pay for her rape kits and other medical stuff that is related.  By that logic, someone who gets shot by going into a violent area trying to help people should have to pay for the surgeries they&#039;ll receive, simply because they should have known better.

Instead of helping people who are mentally unsound (Mr. Smith was not at all in the right mindset and deserves medical attention both physically and mentally), you&#039;re suggesting we just throw up our arms and say f*ck you Mr. Smith, simply because he should have known better.  That is the kind of logic that, quite frankly, contributes more to the problems involved in blaming the victim than resolving the issues at hand.  Victims never deserve to be punished.  Ever.</description>
		<content:encoded><![CDATA[<p>I didn&#8217;t say we&#8217;ve transcended the animal kingdom, just that different rules apply to human beings simply because of where we are as a species.  If we were more like tigers, we wouldn&#8217;t be having this discussion at all, but since we are capable of deeply considering our existence, we are at a different plane than other animals.  I&#8217;m not saying we&#8217;re superior, just different.  We&#8217;re still animals, but the way you meant &#8220;animals&#8221; is not the kind of relationship we&#8217;re dealing with for humans in the animal kingdom.</p>
<p>And no, a crime is a crime is a crime is a crime.  Period.  By your logic you&#8217;re basically saying that any woman who dresses in a manner society deems inappropriate and gets raped should have to pay for her rape kits and other medical stuff that is related.  By that logic, someone who gets shot by going into a violent area trying to help people should have to pay for the surgeries they&#8217;ll receive, simply because they should have known better.</p>
<p>Instead of helping people who are mentally unsound (Mr. Smith was not at all in the right mindset and deserves medical attention both physically and mentally), you&#8217;re suggesting we just throw up our arms and say f*ck you Mr. Smith, simply because he should have known better.  That is the kind of logic that, quite frankly, contributes more to the problems involved in blaming the victim than resolving the issues at hand.  Victims never deserve to be punished.  Ever.</p>
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		<title>By: Jordan Lapp</title>
		<link>http://www.jordanlapp.com/flaws-of-the-mr-smith-rape-analogy/comment-page-1#comment-1917</link>
		<dc:creator>Jordan Lapp</dc:creator>
		<pubDate>Thu, 30 Apr 2009 19:29:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.jordanlapp.com/withoutreallytrying/?p=300#comment-1917</guid>
		<description>&quot;simply because they should know better. But the people committing the acts should know better too.&quot; EXACTLY. Done. By your own admission, there is some guilt on both sides. Why the hell should I, an independent third party, have to pay for stupidity?

And if your argument is that humans are some kind of magical animal different from all others... well, we&#039;ll have to agree to disagree. Humans might believe we&#039;ve transcended the animal kingdom, and we might have extremely complex behaviours, but we&#039;re all just mammals at heart.</description>
		<content:encoded><![CDATA[<p>&#8220;simply because they should know better. But the people committing the acts should know better too.&#8221; EXACTLY. Done. By your own admission, there is some guilt on both sides. Why the hell should I, an independent third party, have to pay for stupidity?</p>
<p>And if your argument is that humans are some kind of magical animal different from all others&#8230; well, we&#8217;ll have to agree to disagree. Humans might believe we&#8217;ve transcended the animal kingdom, and we might have extremely complex behaviours, but we&#8217;re all just mammals at heart.</p>
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		<title>By: SMD</title>
		<link>http://www.jordanlapp.com/flaws-of-the-mr-smith-rape-analogy/comment-page-1#comment-1916</link>
		<dc:creator>SMD</dc:creator>
		<pubDate>Thu, 30 Apr 2009 19:17:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.jordanlapp.com/withoutreallytrying/?p=300#comment-1916</guid>
		<description>Again, there&#039;s a difference.  Jumping into a tiger cage is not the same as walking into a biker bar.  Humans have the mental faculties to make the decision whether or not to attack someone; a tiger does not.

And yes, I understand that we, as human beings, consider human beings who commit atrocities animals, but they are still human beings, and thus subject to human laws and morals (whatever those laws may be).  A tiger is not bound by any law we create.  If you get mauled by a tiger by jumping into its cage, then you did get what you deserved and you&#039;re a dumb*ss for doing so.  We shouldn&#039;t have to pay for your stupidity.

To say otherwise is to say that anyone who happens to be in the wrong place at the wrong time, even by intention, should have to pay for any damaged accrued, simply because they should know better.  But the people committing the acts should know better too.  You have a choice whether to commit a crime and if you choose to do so and get caught, then you deserve to be punished for that, and the victim should not be.</description>
		<content:encoded><![CDATA[<p>Again, there&#8217;s a difference.  Jumping into a tiger cage is not the same as walking into a biker bar.  Humans have the mental faculties to make the decision whether or not to attack someone; a tiger does not.</p>
<p>And yes, I understand that we, as human beings, consider human beings who commit atrocities animals, but they are still human beings, and thus subject to human laws and morals (whatever those laws may be).  A tiger is not bound by any law we create.  If you get mauled by a tiger by jumping into its cage, then you did get what you deserved and you&#8217;re a dumb*ss for doing so.  We shouldn&#8217;t have to pay for your stupidity.</p>
<p>To say otherwise is to say that anyone who happens to be in the wrong place at the wrong time, even by intention, should have to pay for any damaged accrued, simply because they should know better.  But the people committing the acts should know better too.  You have a choice whether to commit a crime and if you choose to do so and get caught, then you deserve to be punished for that, and the victim should not be.</p>
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		<title>By: Jordan Lapp</title>
		<link>http://www.jordanlapp.com/flaws-of-the-mr-smith-rape-analogy/comment-page-1#comment-1915</link>
		<dc:creator>Jordan Lapp</dc:creator>
		<pubDate>Thu, 30 Apr 2009 18:11:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.jordanlapp.com/withoutreallytrying/?p=300#comment-1915</guid>
		<description>What about zoo-goers who jump into animal enclosures? I&#039;m sure every one of us would say that they got what they deserved when they got mauled. Honestly, why are rapists so different from bears? They&#039;re both animals IMO.

Again, I&#039;m not saying anyone deserves to get raped under any circumstances, and my heart goes out to people like Tracie&#039;s classmates. But for chrissakes, don&#039;t jump into animal enclosures if you don&#039;t want to get mauled.</description>
		<content:encoded><![CDATA[<p>What about zoo-goers who jump into animal enclosures? I&#8217;m sure every one of us would say that they got what they deserved when they got mauled. Honestly, why are rapists so different from bears? They&#8217;re both animals IMO.</p>
<p>Again, I&#8217;m not saying anyone deserves to get raped under any circumstances, and my heart goes out to people like Tracie&#8217;s classmates. But for chrissakes, don&#8217;t jump into animal enclosures if you don&#8217;t want to get mauled.</p>
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