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Legal Commentary

: Althouse

Helen Mirren on date rape.

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CNN reports:
Dame Helen, who picked up an Academy Award last year for her portrayal of The Queen, said she was date-raped "a couple of times" when she was young but did not report the attacks because "you couldn't do that in those days."

Despite her experiences, the British-born actress said date-rape was a "tricky area" and something men and women had to work out between themselves.

She said it was rape if a couple engaged in sexual activity but the woman said "no" at the last second.

However, in comments likely to anger anti-rape campaigners, she added: "I don't think she can have that man into court under those circumstances. I guess it is one of the subtle parts of the men/women relationship that has to be negotiated and worked out between them."

That's a little ambiguous. Is she saying individuals should work things out on their own or is she attempting to opine on the way police and courts would handle such a case? If the latter, she's not a lawyer and she's talking about Britain. If the former, she's stirring up a hot old topic.

In the U.S., I think we know that we can call the police in the situation she's described: "Not with excessive violence, or being hit, but rather being locked in a room and made to have sex against my will." But, I assume, many individuals decide not to report this crime (and many other crimes that occur among friends and family).

Full post as published by Althouse on September 01, 2008 (boomark / email).

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