Suppose I am closed in a room with an unconscious man who drank too much. It is a hot day and I try to keep the window open, to get some air, but it does not stay so. Case 1: I use this man's body (one of his feet) to prevent the window from getting closed. Case 2: I get sexually aroused and I have sex with this man. In both cases, he does not wake up, and he gets some bruises from my acting, but he comes to know what I did only some days later. Morally speaking, it seems that what I did in Case 1 was a minor offence (if it is an offence at all), but what I did in Case 2 was a serious crime, it was rape. But what difference between the cases justifies these different moral judgments? In both cases I used a man as a tool to advance my interests, I did something that he would probably not want, and I caused him some bruises. The difference, I suppose, is that he would *see* or *feel* that my action in Case 2 was more serious, more offensive. And that "society" would see or feel the same. But, morally...
You ask: "morally speaking,
You ask: "morally speaking, can my action BE more serious or offensive only because other people see it so?
Suppose there was someone weird enough to think that your sleeping man would be indifferent between having his feet used to prop a window open and being raped in his sleep. And to make things clearer, suppose this person thinks that the sleeping man wouldn't mind either. It's hard to imagine the psychology of such a person, and may not even be clear if he would be a competent moral agent, but set that aside. What should we say?
Perhaps we would say that we shouldn't judge this person more harshly for doing one of these things rather than the other. No harm was meant; it's just that the person was massively, unimaginably clueless. This would be someone we should keep close watch over; if they actually carried out the rape, we would be fully justified in confining them in some way. We might abstain from moral judgments about the person himself, but there's another question we can ask: if the...
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