Episode 20. How to Define a Crime?: Hate Crimes, Free Speech, & the Bachelor in Paradise

How do you define a hate crime in the absence of an explicit racial epithet? And why do hate crime laws matter? Joe and Brie discuss the murder of Nabra Hassanen, a teenage Muslim girl from Virginia, and unpack the psychic and cultural benefits of laws that specifically recognize the humanity of those whose lives matter less in the eyes of the criminal justice system and the public more broadly.

Next, they use the recent sexual assault allegations on Bachelorette spinoff "Bachelor in Paradise" as a foil to examine the current "progressive" approach to rape culture. How does one balance the interest in crediting a woman's rape accusation--especially given under-reporting statistics and a long history victims not being believed--against the historical victimization of black men who are accused of having sexual interest in white women? How do we reconcile our belief that affirmative consent should rule the day with the knowledge that most consensual sexual encounters do not feature affirmative consent? How does one assess culpability when neither party is sober enough to reasonably assess consent?