To THE BLUE:
I say attempted rape only because he never got around to forcing any actual sexual act on her. Attempted rape is no morally better than rape, it is morally the same thing, but considering that he was not actually able to overpower her and force her to do anything it was technically attempted rape. I'm just going by the real definitions of words, I don't see why you have to screw with my karma for it. I mean it's not as if I said it was excuseable or anything. It was attempted rape like trying to kill someone and not succeding is attempted murder... it may be legally different, but I'm not saying it's morally diferent. It is still just as deplorable an act and Spike is still responisble because though he lacked a soul he did not lack free will or reason.
Seriously, why screw with my karma when I'm just stating a fact? I agree it's a technicality. He intended to rape her therefore it was a horrible act.
Rape and attempted rape are the same thing morally in my opinion, so maybe this is where our understanding of each other breaks down... I just like to be as clear as possible and so to say he actually raped her might be missleading to someone who hasn't seen the episode in a while. The trauma, I agree is the same, as well as the moral implications on Spikes part.
But Whedon's never been about the legal recourse for things. I mean by all rights Angel should be in prison for life as well as Faith, but in Whedon mythology it's more about redemtion.
Is Spike, the newly-ensouled Spike responsible for the rape or attempted rape or whatever we want to call it (I'm sick of splitting hairs and that's all that rape/attempted rape argument is doing)? The short answer is yes... Angel takes responisbility for the actions of Angelus because they, in a sense, are the same person. Of course, it's impossible to really debate what these people are or aren't responsible for, because we also see the soul with a whole person sometimes in Whedon mytholgy. The truth is, though it pains me to say it, that Joss and the writters screw with just what a soul is a lot in the series. I tend to think that Angel and Spike feel responsible for the evil they did when they didn't have a soul because they know that deep down they are. Let's say that a vampire is a person who's soul has been replaced by a demon... they still have the same body, and more importantly the same brain. Now obviously in reality, as far as we know, a persons concience is part of their brain, but it seems in Whedon mythology that it's part of their soul. An ensouled vampire seems to be that same demon-human hybrid, with the soul returned. The demon is still there aparently, though this is contradicted sometimes by the writters (if we are being honest, not that its so important to thias discussion). So the human, the vamprie, and the ensouled vamprie share in common the biological brain and therefore, in that sense, are the same person. The whole person comits an act, brain and soul (as human), brain and demon (as vampire), brain and demon and soul (as ensouled vampire). The person in whatever mix, retains the guilt or innocence of actions taken.
Remember also, Spike, when he's fading as a 'ghost' at W&H is visitng a hell demension... he retains the guilt of his vampire self and does not get a champion's reward (that higher plain where Buffy was at peace and Cordelia was bored).