A Crash Course in Feminism Mk. II (or, why everyone should be a feminist)

[Gotthammer]

It's all well and good having a restricted area, but if no-one can tell it is (no signs, gates, fences, locks, public by-laws about trespass, indication that it's private property etc. then i'd say they have a viable defense.

If you're running with the trespass metaphor saying "I wasn't explicitly told I couldn't go there" is not the way to take it.

[Kaptain Badrukk]

If you're running with the trespass metaphor saying "I wasn't explicitly told I couldn't go there" is not the way to take it.

Goodness no. And in fairness our law does clearly state that consent is required, not simply lack of resistance, and implied consent is also a no-no. That's why written contracts, safety words/signal etc are so important in BDSM relationships/acts.
In theory (if not in practice) our law actually requires express consent for a lot of physical contact outside of heroic lifeasving measures. And classifies assault (not exact wording) as an overt expression of intent to cause harm, which is considerable as a credible threat.
So as far as I'm concerned (to stick to the metaphor) there are bylaws in place and a "await permission before entering" sign present ,at least here in the UK that is.

[Psychosplodge]

I'm not sure you're correct. Unless they've updated it I'm sure I remember Scotland requires you to fight back.

[Kaptain Badrukk]

You don't have to fight back, but the assailant must be aware that you either do not consent OR are unable to give consent.
It's common law rape you're thinking of, which Scotland does have. But I believe has been overridden.
Here in england it definately has;
The mens rea for rape will be satisfied if it can be shown that the defendant intended to penetrate: s1(1)(a) and the defendant did not reasonably believe that the victim consented to the penetration: According to section 1(2) ‘whether a belief is reasonable is determined having regard to all the circumstances, including any steps the defendant has taken to ascertain whether the victim consent.’
So you have to obtain active consent.

[Psychosplodge]

I wasn't questioning English law, just pointing out there is no UK law, and a possible Scottish anarchism...

[Kaptain Badrukk]

Ah, I see. Yeah, I always forget those pesky 1707 Acts of Union.
I hope the Scots have a better law than the one they adopted in 1707, but who knows...........

[Psychosplodge]

Scotland still has a separate Judiciary, despite it being part of the UK.
There are things that are illegal there which aren't here and vice-versa.

[Kaptain Badrukk]

Yeah. A fact that I, living nearly as geographically as far from Scotland as an englishman can without leaving england, forgot.
A point well made.
FYI they reformed it in 2009, and it's now very similar to ours.
[url]http://www.scotland.gov.uk/Topics/Justice/crimes/8980/rape-sexual-offences-bill/bill-provisions[/url]

[Psychosplodge]

Bloody southerners

Well that's something, how it was before was ridiculous.

[Kaptain Badrukk]

Yorkshireman actually. I just live here.
That said I've been living down here so long all trace of my childhood accent is gone and I sound all soft an' southern.