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1 lostlakehiker  Oct 9, 2014 8:16:24am

When drafting laws, the wording has to be crafted carefully to avoid situations where the words themselves are at wide variance with the intent of the lawmakers and with common sense.

Take the article cited.

“Many schools have moved away from a verbal consent standard in favor of a verbal or physical consent standard, but physical consent is based on non-verbal cues that are often misread, the reading of which is particularly impaired by alcohol, and that some students on the autism spectrum cannot send or receive in an accurate way. If campus administrators cannot provide a clear definition and examples of “non-verbal consent,” then students cannot be asked to use this as the basis for determining whether sexual activities are consensual.”

This can be read as recommending that consent can only be given verbally. That schools which define consent to include consent by non-verbal cues have gone astray.

“Affirmative consent must be ongoing throughout a sexual activity”.

Does anybody just talk talk talk all the way from start to finish? Ongoing consent in the real world is evidenced by continued active participation, and nothing more need be said. Proverbially, actions speak louder than words, and it’s just nuts to insist that actions say nothing.

Another way of crafting a strict standard would be to require that both parties explicitly and verbally consent to whatever it is they have in mind, and that this consent can be withdrawn at any point, in words or by resistance or distress cries or clear indication or evidence of medical distress, and that whoever would rather it continue must nevertheless desist forthwith.

On the other hand, continued active participation, in the absence of any of the circumstances listed above that would count as withdrawal of consent, should count as continuing consent.

2 Boondocksaint  Oct 9, 2014 2:42:53pm

What?? You mean colleges who pull this bullshit would try to manipulate rape statistics?? I’m shocked!

3 Dark_Falcon  Oct 9, 2014 5:25:12pm

re: #1 lostlakehiker

When drafting laws, the wording has to be crafted carefully to avoid situations where the words themselves are at wide variance with the intent of the lawmakers and with common sense.

Take the article cited.

“Many schools have moved away from a verbal consent standard in favor of a verbal or physical consent standard, but physical consent is based on non-verbal cues that are often misread, the reading of which is particularly impaired by alcohol, and that some students on the autism spectrum cannot send or receive in an accurate way. If campus administrators cannot provide a clear definition and examples of “non-verbal consent,” then students cannot be asked to use this as the basis for determining whether sexual activities are consensual.”

This can be read as recommending that consent can only be given verbally. That schools which define consent to include consent by non-verbal cues have gone astray.

“Affirmative consent must be ongoing throughout a sexual activity”.

Does anybody just talk talk talk all the way from start to finish? Ongoing consent in the real world is evidenced by continued active participation, and nothing more need be said. Proverbially, actions speak louder than words, and it’s just nuts to insist that actions say nothing.

Another way of crafting a strict standard would be to require that both parties explicitly and verbally consent to whatever it is they have in mind, and that this consent can be withdrawn at any point, in words or by resistance or distress cries or clear indication or evidence of medical distress, and that whoever would rather it continue must nevertheless desist forthwith.

On the other hand, continued active participation, in the absence of any of the circumstances listed above that would count as withdrawal of consent, should count as continuing consent.

That seems about right. Standards have to be clear and they have to be enforced. But requiring all partners to continually ask questions is to destroy all spontaneity.

I’ll say this though: If the continuing verbal affirmative consent standard is the one to in effect, then I would advise anyone subject to it to not have sex if they aren’t recording. Not to publish for revenge purposes of course, but to document compliance with the standards. I know it sounds stupid, but if your life can be wrecked by an accusation of sexual misconduct then a smart person will ensure that they follow best practices and maintain documentation to prove same.

4 FemNaziBitch  Oct 10, 2014 6:24:55am

“Yes, Yes, OH, YESSSSSSSSS!”

5 klys  Oct 10, 2014 9:22:48am

Once again, the truly depressing thing is that a law apparently is needed to spell out that an unconscious person cannot consent, that previous relationship status is not a free-pass to sexytimes, and that silence should not be assumed to be consent.


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