To the Editor:
Instead of relying on facts and recognizing the sexual crime that occurred, Eric Hamell's letter to the editor ("Being responsible," The Daily Pennsylvanian, 4/4/05) perpetuates dangerous myths about rape and sexual assault. As an active member of Students Together Against Acquaintance Rape and the chairwoman of the Take Back the Night planning committee, I feel compelled to address the inadequacies of the letter and correct the shockingly inaccurate claims made by the author.
Among the many misinformed opinions expressed in the letter, the author blatantly ignores the legal definition of sexual assault. First, the Pennsylvania Statute on Sexual Offenses clearly states that neither force nor deceit is necessary to constitute sexual assault (section 3121). In fact, all that is necessary is a lack of consent (section 3124.1). Second, contrary to the author's claim, consumption of alcohol can lead to an individual losing consciousness -- passing out. Third, if an individual is incapable of giving consent due to intoxication or loss of consciousness, then any sexual activity with that individual is nonconsensual and falls under the category of sexual assault, which is a felony of the second degree in Pennsylvania. In other words, if someone is too drunk to consent, it is sexual assault and is punishable as such.
I think it should be very clear to everyone that nonconsensual sex is not, as the author would have us believe, "two people having a good time together" and that it is blatantly irresponsible to ignore that nonconsensual sex is a violation of bodily integrity. Calling the crimes of rape and sexual assault by name is not "pretend[ing] it was someone else's imposition," it is recognizing that it truly was someone else's imposition and that the perpetrator, not the victim, is responsible.
Alexandra Swati
College '05
