Tag Archives: Rape

Defining Rape IV: Men as Victims of Women

Women on Top: How Real Life Has Changed Women'...

(Photo credit: Wikipedia)

In my previous essay, I ended by noting that while college men are the victims of sexual assault by college women, this matter is rarely mentioned. It certainly does not get the attention of the mainstream media. Perhaps because this would run afoul of the current media narrative regarding the rape epidemic on campus.

Of course, it might be claimed that men cannot, in general, be victims of women. One common view is that men are not at all picky about sex and a man would be fine with a woman taking advantage of him while he was drunk or unconscious. Or, somewhat less extreme is the view that while a man might not be fine with it, he would not be too put out by it. He might feel some embarrassment if the woman was unattractive or might be angry if she gave him a STD, but he (some might claim) would not be psychologically harmed in the way a woman would be harmed. The gist is that men are psychologically incapable of being raped by woman—that is, a man would always consent or, at the very least, would not be very bothered by the sex.

Even if this were true (which it is not), the fact that a victim of a crime is not as upset as other victims might be would not seem to make it less of a crime. To use an analogy, if Sally is a stoic and is not very upset when her car is stolen, this does not make it any less of a theft than if she was distraught over the loss. As such, even if men are not as bother by women, this would not entail that men are not or cannot be victims. In any case, as will be shown, men are generally not cool with being assaulted by women—despite the bravado and stereotypes.

Another approach is to argue that men and women are fundamentally different so that women cannot (in general) rape men. Some people think that a man cannot become erect if he does not wish to do so and hence it is impossible for a man to have heterosexual intercourse without his consent. However, this view is on par with claiming that men have an ability to “shut down” an erection when it is a case of “legitimate” rape. This is, unfortunately, no more true than the claim that a woman can shut down a pregnancy when she is the victim of a “legitimate rape.”

Yet another counter is to claim that while women could sexual victimize men, it does not happen that often—if at all. This would, if true, be wonderful. Sadly, it is not true.

While it is rarely discussed and never seems to grab headlines, college men are subject to sexual victimization by college women and are emotionally harmed by it.  While men are often presented as happy to have sex with anyone at any time, this is not true and men can be as hurt by sexual victimization as women. So, to claim that a man wants to be raped by a woman is just as awful as claiming that a woman wants to be raped by a man. While it might be true of some, it is certainly not true of most.

In a mostly ignored study, 51.2% of college males reported being sexually victimized (ranging from unwanted sexual contact, to sexual coercion to rape). Naturally, given that sexual violence is often unreported and men are extremely likely not to admit to being assaulted by a woman, the number of cases could be quite large. But, of course, it is not possible to make an estimate since this would require claiming to know what is unknown. This does not, of course, stop some people from making estimates about unreported assaults on women.

Interestingly, being “made to penetrate” is not legally classified as a form of rape. Thus, by this definition, a woman forcing a man to have sex with her is not rape. But if a man commits the same act with an unwilling woman, it is rape. This seems to allow sexual victimization of men by women to be dismissed as less serious than the victimization of women by men, all by definition. To use an analogy, this would be like saying that when a man steals from a woman, it is theft. When a woman steals from a man, it is involuntary lending.

While men are generally not subject to being forcibly raped by women, women do pursue other tactics that mirror those of male rapists including selecting victims who are impaired or unconscious. If having sex with a woman by these means is rape, then having sex with a man by these means should also be rape.

It might also be claimed that women are not inclined to sexual violence. While the stereotypes cast men as victimizer and women as victims, the terrible truth is that sexual violence is equal opportunity. As the National Geographic reported, a study determined that males and females commit roughly the same amount of sexual violence by the time they reach the age of 18. This is certainly consistent with the claim that college men are subject to sexual assault by women. As such, evil does not discriminate based on sex.

At this point I might be accused of having nefarious motivations or of playing the old “victim switch” tactic to get men off the hook. However, my goals are merely to insist on a consistent standard when it comes to sexual assault and to call attention to an important truth: sexual victimization is an equal opportunity crime. I am not asserting that we should dismiss or ignore the assaults on women. Rather, I am saying that we should not be blinded to the fact that men are victims as well. If the campus rape epidemic is going to be stopped, we cannot be concerned with just the victims who are women and just the victimizers who are men.

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Defining Rape III: Intoxication

A half-drunk glass of beer

A half-drunk glass of beer (Photo credit: Wikipedia)

Not surprisingly, most sexual assaults on women in college occur when the women are intoxicated. One reason for this is obvious: an intoxicated person is far more vulnerable to sexual predators than a sober person. Another reason for this is definitional: most (if not all) colleges have a policy that sexual activity with an intoxicated person is, by definition, sexual assault. While the practical and legal aspects of this are important, I will focus on the matter from the standpoint of morality.

From an oversimplified moral (and also legal) standpoint, rape is sex without consent. Consent could be lacking for any number of reasons, but the focus here will be on the impact of intoxication on a person’s ability to given consent. To be a bit abstract, the philosophical concern here is about what might be called the person’s consent agency (or agency of consent). Roughly put, this is the capacity of the person to give proper consent. What counts as proper consent will no doubt vary based on whether the matter is considered in moral, practical or legal contexts. What is also not in doubt is that people will disagree considerably about this matter. However, it should suffice for the purposes of this brief essay to go with an intuitive view of proper consent which involves the person having the capacity to understand the situation and the ability to consciously agree. Setting aside the complexities of the matter, I will now turn to the discussion of intoxication.

Intoxication is, obviously enough, a proportional impediment to agency of consent. Or, in plainer terms, the drunker a person gets, the less capable she becomes of giving consent. This is because intoxication reduces a person’s ability to understand and to consciously agree (or, as people say, being drunk makes you stupid). When the person has no consent agency at all, having sex with that person would clearly be rape (that is, sex without consent). Since this agency can be impaired rather than merely eliminated, there is the rather important matter of sorting out at what point consent agency is lost. As with all such things, there will be a significant gray area between the paradigm cases and this area will be the most problematic. I will get the easy paradigm cases out of the way first.

One paradigm case is that in which the perpetrator intentionally intoxicates his victim using what is known popularly as a “date rape” drug of some sort. This would clearly be a case of rape. To use an analogy, if someone drugs my Gatorade so she can take my wallet when I am unconscious, she has committed theft. This would seem to be indisputable.

Another paradigm case is that in which the perpetrator is an opportunist: he does not drug his intended victim with a “date rape” drug, but finds someone who has rendered herself unconscious or incapacitated through intoxication. This would also be a clear case of rape since the victim is incapable of consent. Continuing the analogy, if I pass out in a drunken stupor and someone takes my wallet, she has committed theft. Naturally, I could be justly chastised for being so careless—but this would not change the crime.

A third paradigm case is that in which a person is unimpaired and gives consent—this is a clear case of consensual sex. To use an analogy, if I am unimpaired when someone asks me for money and I hand her some, she is not a thief. So much for the clear cases, now is the time for the grey territory between being unimpaired and being unconscious due to intoxication. Somewhere in this large territory lies the point at which a person loses her consent agency and is incapable of actual consent.

One obvious problem with finding the boundary at which consent agency ends is that this point might occur well before a person has lost the capacity to engage in behavior that would indicate clear consent by an unimpaired person. For example, an intoxicated woman might say “yes” to a request for sex or even actively initiate the act and then actively and enthusiastically participate. Despite the appearance of consent, the woman might actually be incapable of consent—that is, she can engage in consent behavior but has actually lost the capacity to consent.

If this can occur, it would create a serious moral and practical problem: how can a person tell when another person is capable of consent behavior without being able to give actual consent? This would obviously be important for the person interested in sex as well as those involved in any legal proceedings that might follow.

It might be countered that as long as a person can engage in consent behavior, the person still has agency of consent. That is, the apparent consent is actual consent. This does have considerable appeal in that the only practical way to determine consent is by observing external behavior. After all, a person does not have epistemic access to the mental states of other people and cannot discern whether the “yes” is a proper “yes” or merely “yes” behavior without true consent. It also would provide a clear basis by which potential witnesses can judge the matter—they merely need to report behavior without speculating on the cognitive state of the person. This view could be seen as a presumption that behavior indicates agency.

This view does have considerable appeal. To use an analogy, suppose I I drink enough that I tell a sober friend to drive me to a White Castle so I can buy sliders (something I would never do while sober—and hence have never done) and the folks at White Castle accept my order (shouted into the drive through). When I wake up the next morning and find the empty boxes and White Castle receipt, I could hardly claim that White Castle committed theft by accepting my money. I would certainly regret my decision, but my bad judgment is not the fault of White Castle—as far as the employee could reasonably know, I wanted those sliders.

It is worth noting that a decent person would certainly take into account apparent intoxication and out of a sense of ethics or politeness refuse to accept what seems to be offered freely. To use an analogy, if one of my friends is drunk and says “I love you man, here take my car. No, I mean it. You are the best friend ever!” I certainly would not take his car—even though doing so would hardly be theft. Likewise, if a woman is drunk but making it clear she wants to have sex with a man, the decent thing for the man to do is refuse, escort her safely home and, if necessary, guard her from the less virtuous when she passes out. However, if he accedes to her request, it would seem odd to claim that she had been raped.

One might also raise the point that it is better to err on the side of caution and assume that a person who is impaired to almost any degree has lost the capacity for consent, regardless of the person’s behavior. This, however, seems to be too low of a standard and there is the practical problem of recognizing such a low level of impairment. However, advances in technology could certainly allow smart phones apps for testing intoxication and perhaps an app could be created that combines a blood test for intoxication with a means to record a video of the consent onto a secure (court accessible) server.

The last matter I will consider is a scenario in which both parties are intoxicated. In some college sexual assault hearings the man has countered the charge by asserting since both parties were intoxicated, they sexually assaulted each other. This defense has not, apparently, proven successful. However, the underlying principle is certainly sound. To be specific, if sex without consent is rape and being intoxicated precludes consent, then if both parties are intoxicated, then they are raping each other. So, if both are intoxicated, both are guilty. Or both innocent. To use an analogy, If Sally and I are both drunk and start handing our money to each other, either we are both thieves or both not thieves.

In terms of the innocent option, the main argument would be that just as intoxication impairs the agency of consent, it also impairs the agency of culpability. Agency of culpability is the capacity to act in a way that legitimately makes the person accountable for his (or her) actions. As with the agency of consent, this can be impaired in varying degrees or completely eliminated. As with agency of consent, agency of culpability rests on the ability to understand a situation and the capacity to make decisions. In the case of children, these tend to be linked: minors are incapable of giving certain forms of consent that adults can and are also often held to different standards of culpability.

Given that agency of consent and agency of culpability are so similar, it seems reasonable to hold that what impairs one would also impair the other. As such, if a person was so intoxicated that she could not provide consent, then it would seem to follow that she would also be so intoxicated that she would not understand the need to get consent or whether she was assaulting  another person or not. Thus, if two people are both too intoxicated to consent, they are also both too intoxicated to be culpable.

The obvious counter is that people are held accountable for actions they take while intoxicated. As some truly novice lawyers have found out, the “too drunk to know better” defense does not work legally. It also tends to fail in a moral context in that a person is accountable for willingly becoming intoxicated and is thus responsible for actions taken while intoxicated (unwilling intoxication can change matters). As such, it might be the case that agency of consent can be eliminated by willingly becoming intoxicated, but that agency of culpability cannot be washed away with alcohol.

If this is the case, then when a man and a woman have sex while both are adequately intoxicated, they are raping each other. However, there seem to be few (any?) cases of women charged with raping men—or both parties being charged with rape. Even a cursory search of the web will reveal that men are (almost) uniformly presented as the aggressors while women are the victims. However, if drunken sex constitutes rape, then it would seem that college men are also being raped—by definition. Yet there is little or no concern or outcry regarding this. I will address this matter in my final essay on this subject.

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Defining Rape II: Consent

George Will

George Will (Photo credit: Keith Allison)

In my previous essay, I presented some groundwork and stage setting for the discussion to follow. In this essay I will take a look at the matter of consent.

Intuitively, what makes some activities wrong (and often criminal) is the lack of consent on the part of the victim. Theft, for example, is taking property without the rightful owner’s consent. Kidnapping, as another example, is taking or transporting a person without consent. These misdeeds are similar to rape in regards to the lack of consent. In the case of rape, the activity is sexual in nature (to be deliberately vague) and occurs without the consent of the victim. While these simple definitions have appeal, the matter of sorting out what counts as consent and what constitutes acting without consent is rather more complex. To focus the discussion I will use a recent and controversial example.

Conservative intellectual George Will triggered a bit of a firestorm among liberal columnists and bloggers with his June 6 column about the alleged epidemic of campus rape. The claim that triggered the most outrage was his assertion that “when they make victimhood a coveted status that confers privileges, victims proliferate.”

Some of those attacking Will interpreted him as asserting that women want to be actual victims—that is, that women want to be raped. While some awful people do believe just that, this reading might not be Will’s actual position. Another interpretation, which seems supported by the rest of his column, is that some women will embrace a very broad definition of “rape” and interpret their experiences to match that definition. The motivation, at least as it seems to Will, is to gain a “coveted status” that “confers privileges.” My concern here is not with whether or not Will is correct in this matter. Rather, I want to examine what he takes as an example of how one becomes a member of this “privileged” class of rape victims.

Will uses an example taken from a report about Swarthmore College. In 2013, a woman was in her room with a man “with whom she’d been hooking up for three months”:

“They’d now decided — mutually, she thought — just to be friends. When he ended up falling asleep on her bed, she changed into pajamas and climbed in next to him. Soon, he was putting his arm around her and taking off her clothes. ‘I basically said, “No, I don’t want to have sex with you.” And then he said, “OK, that’s fine” and stopped. . . . And then he started again a few minutes later, taking off my panties, taking off his boxers. I just kind of laid there and didn’t do anything — I had already said no. I was just tired and wanted to go to bed. I let him finish. I pulled my panties back on and went to sleep.’”

As Will notes, six weeks later the woman reported that she had been raped. Will seems to hold that the woman was not actually raped and that she decided to join the “privileged” class of victims by redefining her experience as rape. Others might claim that she had been “brainwashed” by feminist ideology or political correctness to regard her experience as rape. Setting aside the matter of motivation, there is an important question of whether the incident was or was not rape. Those embracing what some would regard as the ideology of leftist feminism would presumably regard it as rape. As Will shows, those embracing a specific form of conservative ideology presumably consider it to not be rape. Obviously, the adherents of the ideologies will regard their view as self-evident and the view of the other as not only in error but driven by vile and wicked motivations. Since I am not a prisoner of either ideology, I can examine the matter more objectively, looking for merits and flaws in the various accounts.

On the face of it, it is easy enough to contend that the incident is a case of rape. While the man did not threaten the woman or use force to have sex with her, he did engage in a sexual act after she had basically said that she did not want to have sex with him. Sex without consent is rape and thus she was raped.

To use an analogy, suppose for a few months I had allowed a friend to take money from my wallet, but then we decided (or so I think) that this money taking will no longer be part of our relationship. She reaches for my wallet and I basically say “No, I don’t want to give you money.” She stops, but then returns to my wallet and takes my money. She has, obviously enough, committed an act of theft: she has taken my property without my consent.

While this view has considerable merit, it is also worth considering an alternative. One obvious complication of the matter is that consent is a matter of communication and communication can be problematic. This creates the practical (and moral) problem of sorting out when consent has been given, when it has not been given, and when a person should know the difference.

In the specific case under discussion, the two parties had been having consensual sex (“hooking up”) for three months. On the face of it, once a relationship is established then it is not unreasonable to accept an assumption of consent. To use an analogy, I keep beer and snacks on hand for my Sunday Pathfinder game. My longstanding friends do not need to explicitly ask permission to get the beer or snacks, since there is a reasonable assumption that they have standing permission to do so. I would, in fact, have an obligation to tell them if certain beer or snacks were off limit—which would then obligate them to not take the specified beer or snacks.

In the case at hand, let it be assumed that the woman changed the relationship from “hooking up” to friends without benefits. This would legitimately remove the assumption of consent (unless otherwise informed). As such, the man could no longer assume that she was consenting unless he was told otherwise.

The woman also notes that she “basically” told him she didn’t want to have sex with him—which would clearly show a lack of consent. The man should have left it at that and not tried again.

However, a devil’s advocate might make certain claims. The first is that the brains of young people are different from adult brains, especially in areas of judgment and impulse control. The second is that the desire for sex is extremely strong and even the prospect of sex impedes rational judgment. The third is that people in general and young people in particular are bad at communication. The fourth is that communication is not merely a matter words—that consent or lack thereof can also be conveyed by actions. Such a devil’s advocate might allege, in his devilish way, that the young man, driven by basic biological desires and impeded judgment, decided to make another attempt at sex and wrongly interpreted, perhaps due to his immature brain and lack of communication skills, her lack of action as consent. That is, he honestly believed that he had consent and had not raped her. She might have also shared this belief for six weeks.

The obvious reply is that none of the devil’s advocate’s claims matter: what matters is that the woman said that she did not want to have sex and then the man had sex “with” her. Thus, it was sex without consent and hence the man is guilty of rape. While this view does have great appeal, it might be worth considering the following analogy.

Suppose I have a nice truck and that my friend Sally really likes driving around in nice trucks. She also prefers to not drive alone. After we have been friends a while, I agree to let her drive my truck and also agree to go with her on her drives. This goes on for three months and I find that I have gotten tired of this aspect of the relationship and tell her so. As far as I can tell, she agrees.

Then I invite her to come over and sit in my truck. After a while, she reaches for the keys in my pocket and I say “no, I am not letting you drive and I am not riding with you.” Rebuffed, she pulls her hand back. But, a few minutes later she is digging around in my pocket for the key. I do nothing. She takes the key and puts it in the ignition. I say and do nothing. She starts the truck and takes me along for the ride.  I am tired, so I just sit back and let her drive. When she gets back, I take the key out of the ignition. Six weeks later I call the police and accuse her of kidnapping me and stealing my truck.

This situation does seem parallel to the original situation. After all, theft is taking property without consent and kidnaping is transporting a person without consent. If the woman did not consent in the original situation, then I did not consent in the analogical situation. If the man was a rapist, then Sally was a thief and a kidnapper. However, I suspect that people would react to my claim that Sally kidnapped me and stole my truck by saying that I should have at the very least said something when she reached for the keys a second time—by letting her simply take them and drive away with me without even another word would seem to show that I consented to the trip. After all, her reaching for the key and so on could be seen as requests for consent—I could have easily replied by saying “no.” Of course, it could be countered that this view is wrong: Sally is now a kidnapper and truck thief because of my original statement which withheld consent.  After all, it might be argued, saying “no” once suffices—and until an explicit, verbal “yes” is given the original “no” is in place.

Naturally, some might want to reject the truck analogy while holding that the original case was one of rape. One obvious avenue of reply is to argue that sexual assault is a special matter and thus it is not analogous to the truck scenario. As such, the man is a rapist but Sally is not a kidnapper and thief.  I might even be accused of trivializing rape by presenting such an analogy. In regards to the first reply, the challenge is to spell out what breaks the analogy—what is the difference that renders the comparison untenable? In regards to the second, it is a mere ad homimen.

The example considered in this essay did not explicitly involve drinking—however, many sexual assaults on campus do. In the next essay the moral impact of intoxication will be considered.

 

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Defining Rape I: Definitions

A picture of a dictionary viewed with a lens o...

A picture of a dictionary viewed with a lens on top of it, at the word “Internet” (Photo credit: Wikipedia)

One of the basic lessons of philosophy dating back to at least Socrates is that terms need to be properly defined. Oversimplifying things a bit, a good definition needs to avoid being too narrow and also avoid being too broad. A definition that is too narrow leaves out things that the term should include. One that is too broad allows in too much. A handy analogy for this is the firewall that your computer should have: if it doing its job properly, it lets in what should be allowed into your computer while keeping attacks out. An example of a definition that is too narrow would be to define “art” as “any product of the visual arts, such as painting and sculpture.” This is too narrow because it leaves out what is manifestly art, such as movies and literature. As an example of a definition that is too broad, defining “art” as “that which creates an emotional effect” would be defective since it would consider such things as being punch in the face or winning the lottery as art. A perfect definition would thus be like perfect security: all that belongs is allowed in and all that does not is excluded.

While people have a general understanding of the meaning of “rape”, the usual view covers what my colleague Jean Kazez calls “classic” rape—an attack that involves the clear use of force, threat or coercion. As she notes, another sort of rape is what is called “date” rape—a form of assault that, on college campuses, often involves intoxication rather than overt violence.

In many cases the victims of sexual assault do not classify the assault as rape. According to Cathy Young, “three quarters of the female students who were classified as victims of sexual assault by incapacitation did not believe they had been raped; even when only incidents involving penetration were counted, nearly two-thirds did not call it rape. Two-thirds did not report the incident to the authorities because they didn’t think it was serious enough.”

In some cases, a victim does change her mind (sometimes after quite some time) and re-classify the incident as rape. For example, a woman who eventually reported being raped twice by a friend explained her delay on the grounds that it took her a while to “to identify what happened as an assault.”

The fact that a victim changed her mind does not, obviously, invalidate her claim that she was raped. However, there is the legitimate concern about what is and is not rape—that is, what is a good definition of an extremely vile thing. After all, when people claim there is an epidemic of campus rapes, they point to statistics claiming that 1 in 5 women will be sexually assaulted in college. This statistic is horrifying, but it is still reasonable to consider what it actually means. Jean Kazez has looked at the numbers in some detail here.

One obvious problem with inquiring into the statistics and examining the definition of “rape” is that the definition has become an ideological matter for some. For some on the left, “rape” is very broadly construed and to raise even rational concerns about the broadness of the definition is to invite accusations of ignorant insensitivity (at best) and charges of misogyny. For some on the right, “rape” is very narrowly defined (including the infamous notion of “legitimate” rape) and to consider expanding the definition is to invite accusations of being politically correct or, in the case of women, being a radical feminist or feminazi.

As the ideological territory is staked out and fortified, the potential for rational discussion is proportionally decreased. In fact, to even suggest that there is a matter to be rationally discussed (with the potential for dispute and disagreement) might be greeted with hostility by some. After all, when a view becomes part of a person’s ideological identity, the person tends to believe that there is nothing left to discuss and any attempt at criticism is both automatically in error and a personal attack.

However, the very fact that there are such distinct ideological fortresses indicates a clear need for rational discussion of this matter and I will endeavor to do so in the following essays.

 

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Colleges, Rape & Justice

Justice

Justice (Photo credit: donsutherland1)

A thoughtful and well-reasoned article on the college rape crisis by Michelle Goldberg was recently published by the Nation. Reading through the article caused me to reflect on the various issues, most especially the matter of the role of colleges in handling sexual assault and rape cases.

When a student is alleged to have assaulted or raped another student, the purported victim can report the matter to the police or bring the matter to the attention of the college (or both). For legal (and moral) reasons, colleges should not ignore such reports and so a college has to take some action.

While colleges vary, it is common practice for colleges to handle allegations of sexual assault and rape internally in a manner rather similar to academic misconduct hearings: a hearing is held with a panel composed of faculty members and administrators. Since the panel is not a court of law, it (presumably) does not have the authority to impose criminal or civil penalties as an actual court could. Rather, the panel typically decides whether or not the accused student should be subject to disciplinary action, with the highest penalty usually being expulsion. As might be imagined, there are some obvious problems with this approach.

The first is a practical problem: while many schools do have their own police forces, faculty and administrators are generally not trained to properly investigate and judge such matters. To use myself as an example, while I can teach classes, serve on committees and so on, the skills needed to conduct a detailed and proper forensic investigation of an alleged assault/rape is not in my professional toolkit. I am a philosophy professor, not a detective or CSI professional. I would, if I was assigned to such a panel, do my best—just as a detective somehow assigned to teach my class would presumably do her best.

There seem to be two main solutions to this problem. One, which seems the most sensible, would be for colleges to cede authority over these crimes to the actual legal system. That is, the role of the college would be to assist the purported victim in reporting the alleged crime to the police. Naturally, the college can also have an important role in providing support to the purported victim. There is, however, the concern that such crimes are not always properly addressed by the authorities.

The other would be for the college to ensure that those handling the incidents would be properly trained professionals. This could be done by hiring such professionals or by training existing faculty and administrators in how to handle such cases. This would run into the practical concern regarding cost (schools would, in effect, have to support their own “CSI” staff and detectives).

The second is also a practical problem with a moral component. A college has a vested interest in protecting its reputation and protecting itself legally and financially. In a practical sense, this leads to a conflict of interest that can influence the rulings of a panel. In a moral sense, this can lead to justice not being done in regards to finding the truth and ensuring that wrongdoers are punished and the innocents are not.

As before, there seem to be two solutions to the problem. One is to remove the handling of such cases from colleges. The other is to take steps to ensure that such internal panels act for the sake of justice rather than trying to protect the reputation of the college. I would say that the former option is the better choice.

The third is a moral problem with two aspects. One aspect is that purported victims sometimes report that a college’s handling of the situation is yet another violation—a traumatic and harmful experience rather than a professionally conducted act of justice. Obviously enough, subjecting someone to such an awful experience is morally incorrect. The second aspect is that alleged perpetrators sometimes report that the college’s handling of the situation is a kangaroo court devoid of due process. If such charges are true, they would certainly be cases of wrongdoing.

Once again, there would seem to be two solutions. One is to have such cases handled by the actual legal system. There is, however, the problem that it is not uncommon for purported victims to report poor handling of such cases—which is yet another matter of moral concern and a very serious problem. Some have even argued that colleges should continue to handle such cases because the actual legal system has failed the purported victims so badly. That is, colleges might be bad at this, but they are sometimes better than the legal system. This certainly points to a clear need to address the legal system—there is little sense in handing off the handling of such cases to a system that is no better.

The second is to rework the college system to try to ensure that the purported victims are treated with proper respect while also ensuring that the alleged perpetrators are given a fair hearing in accord with due process. This, needless to say, would prove challenging—but it is a challenge that must be met if colleges are to continue in this role. If the legal system is doing a poor job, then it would be even more important for colleges to revamp their systems.

The third problem is also a moral problem with legal aspects as well. As many critics of the current system have noted, there is the moral and legal concern with the basis for the college’s authority to handle such cases. As the usual example goes, colleges do not handle cases in which a student murders another student—that is a matter for the police. By analogy, the same should apply to sexual assault and rape—those are actual crimes. While a college does have academic authority over students as well as a degree of disciplinary authority, a college would certainly seem to lack the legal and moral sovereignty needed to claim authority over serious crimes (even if it had the resource and competence to run its own legal system). As such, it would seem that a college would overreach its authority in attempting to handle criminal cases such as sexual assault and rape. That said, there can still be a legitimate role for colleges to play in such matters.

While a college certainly should not have the authority to impose criminal (or even civil) punishments on students (that is, a college should not be able to maintain jails or conduct executions), a college does have some legitimate authority over students. To be specific, a college has a (hopefully) clearly defined sphere of authority based on the agreement between the student and the institution, as spelled out in the rules and policies of the college. The college does also have the legitimate authority to impose certain penalties within a fairly limited sphere. The outer limit of these penalties is, of course, expulsion from the university.

Such authority is intended to allow colleges to have some degree of control over student behavior—after all, without the capacity to punish, authority does not amount to much. There is also presumably the purpose of maintaining a safe and non-threatening learning environment. This is what justifies punishing students who disrupt this environment. In some cases, maintaining this environment can require expelling students.

Because of this legitimate function, a college can justly claim the right to hold a hearing for a student accused of sexual assault or rape. However, this should not be in place of a criminal trial. Rather, it should be in addition to the criminal trial. The purpose of the college hearing would be to determine whether the alleged perpetrator should be, in addition to whatever punishment imposed by the legal system, subject to discipline by the college.

While it might be tempting to insist that an alleged perpetrator who is found innocent by a court of law should also be exempt from college discipline, it must be remembered that the requirements of a criminal court are supposed to be very rigorous, with an assumption of innocence and a standard of proof set at beyond a reasonable doubt.

It can be argued that the standard of proof for a college disciplinary hearing should be lower than that of a criminal court (as civil courts have a lower standard of proof). After all, the standard should be higher when a person might spend years in jail as opposed to being disciplined by a college. For example, an incident might be such that it seems reasonable to believe that something wrong occurred, yet the evidence is simply not enough to establish proof beyond a reasonable doubt. In such a case, an alleged perpetrator might avoid jail yet perhaps be justly expelled from college.

If this view is accepted, then there are the practical and moral problems of determining the standards of evidence and the appropriate punishments. At this time, many colleges accept a very weak standard—that of “more likely than not.” That is, if the panel members (who are, as noted above, usually not trained in such matters) believe that it is more likely that the alleged perpetrator committed the misdeed than did not, then the person is guilty. As might be imagined, some critics of this standard regard it as far too weak and in stark contrast with the usual principle that it is better for the guilty to go unpunished than for the innocent to be unjustly punished.

In regards to the punishments, there is also considerable controversy. It could be argued that even the worst punishment that a college can offer (most likely expulsion) would still not be enough. While this might be true, it would not be a good reason to grant colleges more power to punish—after all, if the punishments were sufficiently severe, then the standards would need to be equally high. It can also be contended that some punishments, such as expulsion, would be too harsh given the weak standard.

It must be noted that sorting out the standard and the punishments is distinct from the issue of whether or not a college has legitimate authority to discipline students accused of sexual assault or rape. I certainly hold that a college has the authority to impose disciplinary action even on a student found not guilty by a criminal court—much as a civil court can impose a penalty on someone found not guilty by a criminal court. However, I have not given sufficient thought to the standard to be used and the punishments that would be just. It might be the case that the punishment should be linked to the standard—that is, the weaker the standard, the weaker the punishment.

It can also be argued that there is behavior that is not covered by the law but can be justly covered by a college’s policies. For example, cheating on tests is usually not a criminal offense, but it does provide grounds for discipline in a college setting. Likewise, some sexual or sex-related behavior might not be considered criminal, yet still be legitimately regarded as problematic enough to warrant discipline from a college. That is, the behavior is perhaps not technically illegal, but not tolerable behavior for a student. To use an analogy, some colleges have dress-codes that forbid attire that would not violate the usual laws relating to public indecency.

To close, my considered position is that colleges should obviously not be handling criminal cases—these should be turned over to the police and the actual legal system. However, colleges can legitimately hold hearings on allegations of sexual assault or rape and subject students to disciplinary action up to and including expulsion. There are, however, important practical and moral considerations that must be addressed and these include:

  • Ensuring the competence and impartiality of the college panel members conducting the investigation and hearing.
  • Ensuring that the standard of proof adopted (such as “more likely than not”) is just.
  • Ensuring that the punishments are just.
  • Ensuring that the applications of the standards and punishments are just.
  • Ensuring that both the alleged perpetrator and purported victim are treated with respect and get due process.

If these considerations can be properly addressed, then such a system can be legitimately regarded as just—at least within the specific context.

 

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Maleficent & Rape: Metaphors

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Hayley Krischer recently wrote a post for the Huffington Post in which she contends that the movie Maleficent includes a rape scene. Since this movie is a PG-13 Disney film, it does not contain a literal rape scene (in the usual meaning of the term). Rather, the character of Maleficent is betrayed and mutilated (her wings are removed) and this can be taken to imply an off screen rape took place or, perhaps more plausibly, be a metaphor for rape.

The claim that the betrayal and mutilation of Maleficent is a metaphor for rape is certainly plausible—Krischer does a reasonable analysis of the scenario and, of course, if one intended to include rape in a PG-13 Disney film it would presumably need to be metaphorical rape.  Of course, whether the scene is truly about rape or not is a matter of dispute. Metaphors are, after all, not literal in their nature and are thus always subject to some degree of dispute.

One way to address the question would be to determine the intent of those who created the film. After all, the  creators would presumably be the best qualified to know their intent and the creators can be regarded as owning the work in terms of who gets the final say about what it means.

However, creators sometimes do not know what they intend. While I am but a minor writer, I know well enough that sometimes the words simply come forth and, like wild animals, go as they will. Also, I know that sometimes the audience provides an even better interpretation. For example, in one of my Pathfinder adventures I created a dwarf non-player character named Burnbeard. In the course of interacting with the players, he evolved into a true villain—a dwarf who burns off the beards of other dwarfs after he murders them (the greatest insult in dwarven culture). This sort of interaction between the audience and the work of the creator can invest something with new meaning. As such, even if the creators of the movie did not intend for the scene to be a rape scene, it could have evolved into that via the interaction between the audience and the film.

There is also the possibility that a metaphor, like beauty, is in the eye of the beholder. That is, the intent of the creator does not matter—what matters is the interpretation of the audience. To use the obvious analogy to communication, a person might say something with a certain intent, yet what matters (it might be contended) is the meaning taken by the recipient. As such, whatever a specific audience member sees in a metaphor is what the metaphor means—for that person. As such, to those who see a rape metaphor in Maleficent, the movie contains a rape metaphor. To those who do not, it does not. As such, every interpretation would be “right” in the subjective sense.

While this does have some appeal, it makes claims about the meaning of metaphors rather pointless—if everyone is right, it is hardly worth discussing metaphors except as an exercise in telling others what one sees in the mirror of the silver screen. As such, it seems reasonable to expect even metaphors to have some sort of foundation that can be rationally discussed. That is, in order for discussing and disputing metaphors to be worthwhile (other than as psychoanalysis) there must be better and worse interpretations.

In the case of Maleficent, there is certainly a plausible case that there is a metaphor for rape. However, a case can be made against that. After all, there are numerous fantasy movies in which something awful happens to a main character—in which the character is subject to treachery and gravely wronged. However, these are not all taken as metaphors for rape. After all, one does not speak of the rape of Aslan. Or the rape of Gollum (betrayed by the ring and robbed of his precious by Bilbo). Or even the rape of Sauron (who has his finger chopped off and is robbed of his ring of power). However, it might be contended that the rape metaphor is limited to female characters rather than male characters who undergo comparable abuses. What is needed are some clear guides to sorting out the various evils and which are metaphors for rape and which are not.

Getting back to Maleficent, it is interesting to imagine that the movie was created as a rated R movie instead and that although it could include an actual rape scene, it did not—and the scene remained as it was in the PG-13 movie. Would it still be a metaphor for rape or would the fact that a literal rape scene could have been included suffice to show that the movie is not intended to include a rape scene? I would suspect that it would not be a metaphor—but, naturally enough, it could be argued that the creators preferred the more subtle approach of the metaphor to including a literal scene.

Now imagine that the movie was rated-R and the creators added a literal rape to the PG-13 scene. Would the scene  still be a metaphor for rape, in addition to the literal rape? It would seem that it would not—after all, having a metaphor for what is literal would seem a bit absurd—but certainly not an impossibility.

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Orientation & Ethics

English: Gender symbols, sexual orientation: h...

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When discussing the ethics of sexual orientation, it is not uncommon for people to draw comparisons between being gay and being a rapist, pedophile, practitioner of bestiality or a necrophiliac.  My stock response to such comparisons is that there is at least one glaringly obvious difference between being gay and engaging in the sexual behavior mentions. To specific, rapists, pedophiles and so forth engage in sexual behavior that does not involve the consent of their victims. This, in part, makes their behavior immoral. There is also the fact that cases involving sexual coercion inflict harm on the victim. As such, consensual sex between homosexuals would seem to be nothing like those other things. Obviously enough, homosexual rape and homosexual pedophilia would be wrong—but because of the rape and pedophilia.

While it seems impossible to deny that consensual homosexual sex differs from rape and such in regards to consent, there are those who do claim that homosexuality is itself wrong. The question is, obviously enough, this: in what does its wrongness consist?

I’ll run through some scenarios and questions that I hope will lead to some consideration and discussion.

Imagine two married couples: Sam & Ashley and Mel & Fran.  Suppose that Sam and Ashley have the following relationship: they love each other, treat each other well, only have consensual sex, and are faithful to each other. Suppose that Mel and Fran have the following relationship: Mel does not love Fran, Mel treats Fran badly, Mel rapes Fran when Fran is unwilling to consent, and Mel has affairs regularly.

Given just this information, which relationship is morally superior? Why? Now, suppose that Sam and Ashley are the same sex while Mel and Fran have different sexes. Given this information, which relationship is morally superior? Why? Now, suppose that Sam and Ashely are different sexes while Mel and Fran are the same sex. Is this worse than the scenario in which Sam and Ashley are a straight couple? Why? Or why not?

Based on arguments I have seen before, some might argue that the scenario in which Sam and Ashley are a same sex couple is impossible. That is, people of the same sex cannot love each other, or have only consensual sex, or treat each other well, or be faithful. This could, of course, be argued—but arguments would be what is needed. However, even if it is argued that the scenario could not occur, there would still be the interesting question of whether such a (hypothetical) scenario would be morally superior to the scenario in which the straight couple’s situation involves rape, infidelity and abuse.

Overall, this matter can be distilled down the following question: what is intrinsically wrong, if anything, with being homosexual—even in the context of what would be considered an ideal relationship if it held between heterosexuals.

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Programmed Consent

Sexbot YesScience fiction is often rather good at predicting the future and it is not unreasonable to think that the intelligent machine of science fiction will someday be a reality. Since I have been writing about sexbots lately, I will use them to focus the discussion. However, what follows can also be applied, with some modification, to other sorts of intelligent machines.

Sexbots are, obviously enough, intended to provide sex. It is equally obvious that sex without consent is, by definition, rape. However, there is the question of whether a sexbot can be raped or not. Sorting this out requires considering the matter of consent in more depth.

When it is claimed that sex without consent is rape, one common assumption is that the victim of non-consensual sex is a being that could provide consent but did not. A violent sexual assault against a person would be an example of this as would, presumably, non-consensual sex with an unconscious person. However, a little reflection reveals that the capacity to provide consent is not always needed in order for rape to occur. In some cases, the being might be incapable of engaging in any form of consent. For example, a brain dead human cannot give consent, but presumably could still be raped. In other cases, the being might be incapable of the right sort of consent, yet still be a potential victim of rape. For example, it is commonly held that a child cannot properly consent to sex with an adult.

In other cases, a being that cannot give consent cannot be raped. To use an obvious example, a human can have sex with a sex-doll and the doll cannot consent. But, it is not the sort of entity that can be raped. After all, it lacks the status that would require consent. As such, rape (of a specific sort) could be defined in terms of non-consensual sex with a being whose status would require that consent be granted by the being in order for the sex to be morally acceptable. Naturally, I have not laid out all the fine details to create a necessary and sufficient account here—but that is not my goal nor what I need for my purpose in this essay. In regards to the main focus of this essay, the question would be whether or not a sexbot could be an entity that has a status that would require consent. That is, would buying (or renting) and using a sexbot for sex be rape?

Since the current sexbots are little more than advanced sex dolls, it seems reasonable to put them in the category of beings that lack this status. As such, a person can own and have sex with this sort of sexbot without it being rape (or slavery). After all, a mere object cannot be raped (or enslaved).

But, let a more advanced sort of sexbot be imagined—one that engages in complex behavior and can pass the Turning Test/Descartes Test. That is, a conversation with it would be indistinguishable from a conversation with a human. It could even be imagined that the sexbot appeared fully human, differing only in terms of its internal makeup (machine rather than organic). That is, unless someone cut the sexbot open, it would be indistinguishable from an organic person.

On the face of it (literally), we would seem to have as much reason to believe that such a sexbot would be a person as we do to believe that humans are people. After all, we judge humans to be people because of their behavior and a machine that behaved the same way would seem to deserve to be regarded as a person. As such, nonconsensual sex with a sexbot would be rape.

The obvious objection is that we know that a sexbot is a machine with a CPU rather than a brain and a mechanical pump rather than a heart. As such, one might, argue, we know that the sexbot is just a machine that appears to be a person and is not a person.  As such, a real person could own a sexbot and have sex with it without it being rape—the sexbot is a thing and hence lacks the status that requires consent.

The obvious reply to this objection is that the same argument can be used in regards to organic humans. After all, if we know that a sexbot is just a machine, then we would also seem to know that we are just organic machines. After all, while cutting up a sexbot would reveal naught but machinery, cutting up a human reveals naught but guts and gore. As such, if we grant organic machines (that is, us) the status of persons, the same would have to be extended to similar beings, even if they are made out of different material. While various metaphysical arguments can be advanced regarding the soul, such metaphysical speculation provides a rather tenuous basis for distinguishing between meat people and machine people.

There is, it might be argued, still an out here. In his Hitchhikers’ Guide to the Galaxy Douglas Adams envisioned “an animal that actually wanted to be eaten and was capable of saying so clearly and distinctly.” A similar sort of thing could be done with sexbots: they could be programmed so that they always give consent to their owner, thus the moral concern would be neatly bypassed.

The obvious reply is that programmed consent is not consent. After all, consent would seem to require that the being has a choice: it can elect to refuse if it wants to. Being compelled to consent and being unable to dissent would obviously not be morally acceptable consent. In fact, it would not be consent at all. As such, programming sexbots in this manner would be immoral—it would make them into slaves and rape victims because they would be denied the capacity of choice.

One possible counter is that the fact that a sexbot can be programmed to give “consent” shows that it is (ironically) not the sort of being with a status that requires consent. While this has a certain appeal, consider the possibility that humans could be programmed to give “consent” via a bit of neurosurgery or by some sort of implant. If this could occur, then if programmed consent for sexbots is valid consent, then the same would have to apply to humans as well. This, of course, seems absurd. As such, a sexbot programmed for consent would not actually be consenting.

It would thus seem that if advanced sexbots were built, they should not be programmed to always consent. Also, there is the obvious moral problem with selling such sexbots, given that they would certainly seem to be people. It would thus seem that such sexbots should never be built—doing so would be immoral.

 

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The Income You Deserve

I Get Money

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In the previous essay, I wrote about the notion of a person having the body he deserves. In response to this T.J. Babson inquired about replacing “body” with “income.” As such, the question raised is whether or not a person has the income he deserves.

In the case of whether or not a person has the body he deserves, I argued that this is generally the case. After all, laying aside unfortunate accidents and illnesses, a person has (or is) the body that he has earned by his choices and actions. I also noted that the luck (good or bad) of birth can also be factored out in terms of what a person has earned-after all, a person would still get what he has earned given his circumstances.

Naturally, it can be contended that the same would hold true when it comes to income. After all, if unfortunate accidents are laid aside and the luck of birth is factored out, then a person surely gets the income that he deserves. After all, a person gets the income he has via his choices and actions, just as is the case with getting the body he has (or is). Thus, we all make what we deserve.

Or so it could be argued. However, there is the obvious question of whether the two situations are analogous. That is, whether the matter of deserved income is adequately similar to that of having the body one deserves.

One obvious difference is the nature of the how earning works in regards to the body and income. In the case of the body, getting the body one earns is a purely mechanical, objective and automatic matter. For example, if I choose to take in more calories than I burn, then I will start storing fat, thus altering my body in a way that I have clearly earned. As another example, if I do more speed work on the track, this will alter my body in ways that result in greater speed when running. As a third example, if I do more pushups and pull-ups, the strength of my body will increase. I get these results based entirely on what I do and they correspond perfectly to my actions and choices. As such, these results seem to be exactly what I deserve. After all, what I get stems from what I do.

In the case of income, getting what one earns is a matter of human decisions, is subjective and is not automatic. For example, my income is based largely on what other people who control the funds elect to pay me based on what they think I should be pay. This is presumably based on a subjective assessment of what I should be paid—most likely based on such factors as what they think is the lowest amount that will keep me from accepting another job and what they think it would cost to replace me with someone that could do what I do. My income is also not an automatic matter—I would not get an income just for teaching and so on. There has to be the conscious decision to provide me with the income. In the case of income, what I get might have little or even no connection to what I actually do. Thus a person might not get the income that he deserves.

A second obvious difference is that what a person gets in regards to his body is always perfectly proportional to his choices and actions. If I run X miles per week at an average pace of P, then my endurance will be E. If I spent H hours strength training at intensity I per week, then my strength will be S.  Or, if I pack in E extra calories, then I get F fatter. As such, what I get from my choices and efforts is exactly proportional to the nature of my efforts and choices: what I do and what I receive are in perfect harmony.

In stark contrast, what a person earns in terms of income can (and often is) significantly out of proportion to the nature of her efforts and choices. For example, a professor might devote considerable effort to teaching her students and be very effective at this, thus creating educated citizens who go on to add considerably to society. This teacher might receive a rather low income. As another example, a professor might be clever at making connections and hit an academic fad at the right time and become a star. This star might spend his career pontificating at conferences and on talk shows, yet contribute little of lasting value to society all the while enjoying a rather nice income. As a third example, a person might develop a cunning way to create a financial instrument to hide toxic assets and engage in clever deceits when ranking said instruments, thus making a fortune for herself while contributing to a massive recession. In such cases, these people would not seem to be getting the income they deserve.

It could be countered that a person does get the income he deserves by definition. That is, one earns what one gets, thus it is earned. Being what is earned, it is what a person deserves. This is, obviously enough, what philosophers are often accused of: mere semantic trickery.

Also, to use the obvious analogy, this would be rather like claiming that a prisoner deserves her sentence on the grounds that it is the sentence she was given and it is thus just. Obviously, the mere fact that a person has been sentenced to a certain punishment or has received a certain income is not proof that either is earned.

It could also be argued that employers decide what a person deserves and that a person can decide if he agrees. If he agrees and accepts the income, then he gets what he deserves. While this has a certain appeal, it assumes that the person is not tricked by fraud or compelled to accept the income. To use an analogy, if I agree to give a person something based on a lie or because he points a gun at me, I do not thus get what I deserve when I lose my property.

In some cases, people do get to select their income without any fraud or compulsion and they have many opportunities available to them. In most other cases, people are at a considerable disadvantage relative to those who offer income. For example, a person who works for the state is often subject to the whims of those above them in power. If a newly appointed director decides that he would prefer to relocate his department in a city near his second or third house then the employees have to choose between uprooting their lives (and often families) and losing their jobs. If they lose their jobs, then they need to find another employer and hope that their new job will last.

It might be replied that people get what they deserve even in these cases. After all, if they were smart enough to see through the fraud or capable enough to avoid being compelled, then they would have a better income.

While this has a certain appeal when it comes to economic matters and matches the ideal of the rugged individual making her fortune, this would require accepting that a person who is deceived by another is responsible for his failure to detect the deceit and that anyone who is compelled deserves the results of that compulsion. To use an unpleasant analogy, this would be rather like blaming the victim of a date rape for being raped. After all, if she had been smart enough to see through his deceit to his true intentions or strong enough to protect herself, then she would not have been raped. As such, if she is raped, then she would have gotten exactly what she deserved. Likewise, if someone was smart enough to avoid deceit or strong enough to avoid being compelled economically, then she would not have a low income.  After all, she should have been able to command a better income or start her own company. As such, if she does have a low income, she must be getting exactly what she deserves.

As such, while each person generally has the body he deserves, the same does not hold for income.

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God, Rape & Free Will

freewill.jpg

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The stock problem of evil is that the existence of evil in the world is incompatible with the Philosophy 101 conception of God, namely that God is all good, all powerful and all knowing. After all, if God has these attributes, then He knows about all evil, should tolerate no evil and has the power to prevent evil. While some take the problem of evil to show that God does not exist, it can also be taken as showing that this conception of God is in error.

Not surprisingly, those who wish to accept the existence of this all good, all powerful and all-knowing deity have attempted various ways to respond to the problem of evil. One standard response is, of course, that God has granted us free will and this necessitates that He allow us to do evil things. This, it is claimed, gets God off the hook: since we are free to choose evil, God is not accountable for the evil we do.

In a previous essay I discussed Republican Richard Mourdock’s view that “Life is that gift from God. I think that even when life begins in that horrible situation of rape, that it is something God intended to happen.” In the course of that essay, I briefly discussed the matter of free will. In this essay I will expand on this matter.

For the sake of the discussion, I will assume that we have free will. Obviously, this can easily be dispute, I am interested in seeing whether or not such free will can actually get God off the hook for the evil that occurs, such as rape and its consequences.

On the face of it, free will would seem to free God from being morally accountable for our choices. After all, if God does not compel or influence our choices and we are truly free to select between good and evil, then the responsibility of the choice would rest on the person making the decision. It should also be added that God would presumably also be excused from allowing for evil choices—after all, in order for there to be truly free will in the context of morality there must be the capacity for choosing good or evil. Or so the stock arguments usually claim.

For the sake of the discussion I will also accept this second assumption, namely that free will gets God off the hook in regards to our choices. This does, of course, lead to an interesting question: does allowing free will also require that God allow the consequences of the evil choices to come to pass? That is, could God allow people moral autonomy in their choices, yet prevent their misdeeds from actually bearing their evil fruit?

One way to consider this matter is to take the view that free will requires that a person be able to make a moral decision and that this decision be either good or evil (or possibly neutral). After all, a moral choice must be a moral choice. On this approach, whether or not free will would be compatible with God preventing occurrences (like rape or pregnancy caused by rape) would seem to depend on what makes something good or evil.

There are, of course, a multitude of moral theories that address this matter. For the sake of brevity I will consider two: Kant’s view and the utilitarian view (as exemplified by John Stuart Mill).

Kant famously takes the view that “A good will is good not because of what it performs or effects, not by its aptness for the attainment of some proposed end, but simply by virtue of the volition—that is, it is good in itself, and considered by itself is to be esteemed much higher than all that can be brought about by it in favor of any inclination…Its usefulness or fruitlessness can neither add to nor take away anything from this value.”

For Kant, what makes a willing (decision) good or evil is contained in the act of willing itself. Hence, there would be no need to consider the consequences of an action stemming from a decision when determining the morality of the choice. An interesting illustration of this view can be found in Bioware’s Star Wars the Old Republic game. Players are often given a chance to select between light side (good) and dark side (evil) options, thus earning light side or dark side points which determine the moral alignment of the character. For example, a player might have to choose to kill or spare a defeated opponent.  Conveniently, the choices are labeled with symbols indicating whether a choice is light side or dark side—which would be very useful in real life.

If Kant’s view is correct, then God could allow the freedom of the will while also preventing evil choices from having any harmful consequences. For example, a person could freely chose to rape a woman and the moral choice would presumably be duly noted by God (in anticipation of judgment day). God could then simply prevent the rape from ever occurring—the rapist could, for example, stumble and fall while lunging towards his intended victim. As another example, a person could freely will the decision to murder someone, yet find that her gun fails to fire when aimed at the intended victim. In short, people could be free to make moral choices while at the same time being unable to actually bring those evil intentions into actuality. Thus, God could allow free will while also preventing anyone from being harmed.

It might be objected that God could not do this on the grounds that people would soon figure out that they could never actualize their evil decisions and hence people would (in general) stop making evil choices. That is, there would be a rather effective deterrent to evil choices, namely that they could never bear fruit and this would rob people of their free will. For example, those who would otherwise decide to rape if they could engage in rape would not do that because they would know that their attempts to act on their decisions would be thwarted.

The obvious reply is that free will does not mean that person gets what s/he wills—it merely means that the person is free to will. As such, people who want to rape could still will to rape and do so freely. They just would not be able to harm anyone.

It is, of course, obvious that this is not how the world works—people are able to do all sorts of misdeeds. However, since God could make the world work this way, this would suggest various possibilities such as God not existing or that God is not a Kantian. This leads me to the discussion of the utilitarian option.

On the stock utilitarian approach, the morality of an action depends on the consequences of said action. As Mill put it, “actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness.” As such, the morality of a willing would not be determined by the willing but by the consequences of the action brought about by the willing in question.

If this is correct, then God would need to allow the consequences of the willing to occur in order for the willing to be good or evil (or neutral). After all, if the willing had no consequences then it would have no moral significance on a consequentialist view like utilitarianism. So, for example, if a person freely wills to rape a woman, then God must not intervene. Otherwise He would be interfering with what determines the ethics of the willing. As such, if God did not allow the rapist to act upon his willing, then the decision to rape would not be an evil decision. If it is assumed that free will is essential to God being able to judge people for their deeds and misdeeds, then He would have to allow misdeeds to bear fruit so that they would be, in fact, misdeeds. On the usual view, He then punishes or rewards people after they die.

One rather obvious problem with this approach is that an all knowing God would know the consequences of an action even without allowing the action to take place. As such, God could allow people to will their misdeeds and then punish them for what the consequences would have been if they had been able to act upon their intentions. After all human justice punishes people even when they are prevented from committing their crimes. For example, someone who tries to murder another person is still justly punished even if she is prevented from succeeding.

It might be countered that God can only punish cases of actual evil rather than potential evil. That is, if the misdeed is prevented then it is not an actual misdeed and hence God cannot justly punish a person. On this view, God must allow rape in order to be able to toast rapists in Hell. This would, of course, require that God not consider an attempted evil deed as an evil deed. So, actual murder would be wrong, but attempted murder would not. This, of course, is rather contrary to human justice—but it could be claimed that human law and divine law are rather different. Obviously humans and God take very different approaches: we generally try to keep people from committing misdeeds whereas God apparently never does. Rather, He seems content to punish long after the fact—at least on the usual account of God.

 

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