You may not say so, but you can't advocate for a certain kind of act to be called rape and then suggest it shouldn't be disciplined; that's completely contrary to reality.
So it's only rape if someone is punished for doing it? That makes very little sense at all. Actions are defined by their circumstances and direct outcomes, not by the legal systems that might be applied to handle them if there is cause to take such action.
Thus arguing for this definition of rape *is* arguing for such people who do it to be disciplined.
No it's not. Please stick to actually making your own arguments instead of trying to make stuff up about what someone else has said.That is distinctly not the argument I made, and no matter how much more convenient you might find it to argue against that position rather than what I presented, it's outright dishonest to try to pretend that it's what I said. If you want to argue against that position go and find someone taking it to argue with.
But since you mention counseling - should such counseling be forced on them? And if it is, what happens if they decline to attend?
This is all on the hypothetical of how they could require it, should they feel hat necessary which is something that you're injecting here:
Since we're talking in context of a school, what happens if they fail to take or attended any other required courses? In the specific case, if the violation is sever enough to merit it, the school could simply withhold credit/transcripts that the person needs to progress until they meet the requirements; not need to take any direct action against them, just to insist that they meet their obligations.
If someone borrows a ladder from you, you don't need to take punitive action against them to get it back if you don't feel its warranted, you can simply refuse to lend them anything else until they return it first if you thing that's more proportional and will provide them with enough motivation to act.
How is this different from being disciplined?
Being arrested wouldn't be different from being disciplined, certainly, but ta that point it would be being disciplined for failing to attend counseling as required, not for anything else. If hes' an ongoing threat to the security of campus if he's not in treatment, than arrest in order to remove him to a place where he cannot hurt others is reasonable, but that's well beyond the situation here.
And if they are not forced to attend, what disincentive is there to prevent people ignoring your definition and doing whatever they want anyhow?
Two different things here. There are ways to require them to attend without taking direct action against them, if it's seen as necessary to fully require that. If he wants to declining counselling if offered in the particular case and there isn't a clear reason to compel him, it should be no different than declining any other form of treatment given that this was a relatively minor incident that does not otherwise offer much in the way of need for restitution or actions to prevent him from doing further harm once the harm done itself was brought to his attention.
In other words, the word "illegal" has no meaning without enforcement.
It also has no relevance to the current context, since we're talking about providing services for someone that was involved in a harmful situation to help them recover from it and learn how to handle themselves better in the future.
I pointed to the fact the she needed counselling as clear evidence that she did not actually consent, nothing more, nothing less.
If need for counseling implies lack of consent,
The need to address the damage done due to lack of consent through counselling, if we want to break it down inch by inch, sure.
and if lack of consent is criminal,
It can be, it can also be accidental. Criminality depends far more on intent than simply evaluating the damage an certain incident caused. Criminal negligence is certainly a thing, but that's a much higher bar to get to than is the case here.
then need for counseling implies treating him as a criminal to whatever extent is appropriate for this particular act.
No, it's treating him as someone who was potentially injured.
If I'm not watching where I'm going, run into you, and we both fall down and end up pretty badly scraped up, it's not suggesting that I'm guilty of a criminal act to offer me treatment for the bruises that I sustained.
Do you actually not see Pete's point, which is that it is unjust for a person, by deciding they need counseling, to thereby cause another person to become a criminal whereas if they decided they didn't the other person would not be one?
Sure, but that's not relevant to saying that, in the case of mutual harm, as this was, that both should be offered counselling as an appropriate reaction (remembering that the point was made that he also came out of this feeling hurt, but had not made the active choice to seek out counseling for it).
Note that this is different from whether someone chooses to press charges or not based on their mood; this is an actual classification of someone as having broken the law or not based on someone's mood after the fact.
No, any talk about breaking the law here is your own insertion. The discussion was about what the school should have done in regards to its own handling of the incident. No one suggested that it should be elevated to a criminal matter; that's pure strawman.