Content notice: The following blogpost will discuss a recent rape case in Denmark, where the perpetrators were found innocent.
There is something seriously wrong with Danish rape laws.
That is the only conclusion any rational person can reach after a Danish court found 3 young men innocent of rape of a young woman who said she was unconscious due to alcohol and insulin deficiency.
According to the newspapers, the defender managed to argue that the men thought that the women had consented to sex, and since she didn’t say no, they couldn’t know that she didn’t want to have sex with them.
It appears that the medical reports state that the insulin and levels were not enough to make her unconscious, and the judge didn’t think that her alcohol level were enough to make her unable to say no. Even if we ignore the fact that the judge isn’t really able to evaluate the combined effect of alcohol and insulin deficiency, it shows a very real problem, where a lack of no, is considered a yes by the courts.
That is unacceptable.
Denmark should change the laws, so it requires an explicit consent. or even better, a enthusiastic consent. For more on enthusiastic consent, see this post by Dr. Nerdlove or this post over at XOJane.
The court decision will probably get appealed, but even if the men get convicted at a higher court, the lower court’s decisions clearly shows that Denmark’s law have to be fundamentally changed, so they don’t focus on whether the perpetrators knew that the victim didn’t want to have sex, but instead changes to focus on whether there were consent or not.
Such a change would have several effects, among them changing the whole rhetoric around rape victims (“why didn’t she say no?”), teaching young men and women that they should get consent and not just avoid a “no”, and finally, getting more rape convictions.