I guarantee you that someone will post in this thread, if they haven't already, that she should know better than to get an airbnb with a man she doesn't know well. No, this isn't her fault. The dude should not have abused her.
I guarantee you that someone will post in this thread, if they haven't already, that she should know better than to get an airbnb with a man she doesn't know well. No, this isn't her fault. The dude should not have abused her.
You may be right, but you also have to agree that some people will pause before judging definite rape for described situation where girl accepts invitation to sleep in the same airbnb, without anybody else, with single guy, bringing bottle of wine, not mentioning she did not give consent, feeling bad afterwards. From that description it's really difficult to pass rape judgement - maybe it was, maybe not, what we know is that it was creepy at least for her.
None of those things even remotely imply consent for a sexual advance. Those are all things that should be fine for anyone of any gender to do together without there being fear of a sexual assault.
Anyone who looks at that list and thinks that it's ok to have unwanted sexual intercourse because they happened to have a bottle of wine in an AirBNB I'm not sure I want to associate with.
And furthermore, "not saying no" is not the bar for consent. An enthusiastic, unambiguous yes is the bar for consent. Not giving consent is the default, assumed position until that yes arrives.
Insisting doesn't mean doing it, does it?
It's unfortunately ambiguous.
As an thought experiment try to think that your husband/wife does those things with somebody (accepts invitation to sleep in the same airbnb, without anybody else, with single opposite sex, bringing bottle of wine) - would you be worried? And if yes, why? Is it not even remotely possible that somebody would feel weird about their partner doing it?
It says "there was another time that he insisted ..." which unfortunatelly forms ambiguous sentence, it's not clear if it happened or he just insisted and that's it.
Later paragraph reads "I maintained friendship with him for a few months after May, because I was convinced that it was all consensual ...".
I'm not a lawyer but the case of "being convinced of consent" at one time and after few months changing mind about the situation and realising it was not a consent makes an interesting case.