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Mutually Nonconsensual Sex

theatlantic.com

1–10 of 32 posts

Re: Mutually Nonconsensual Sex

#2
> "Male and female student have a drunken hookup. He wakes up, terrified she's going to file a sexual misconduct complaint, so he goes to the Title IX office and beats her to the punch. She is found guilty and suspended."

It was bound to happen. I'm surprised that I've not seen reports before. So obvious.

Re: Mutually Nonconsensual Sex

#4
post #3

Hopefully, this is the start of people realising that Obama's 'Dear Colleague' change in interpretation of title IX was a mistake.

This seems an obscure reference to something people outside U.S. will not get. Care to elaborate?

Re: Mutually Nonconsensual Sex

#6
When Sweden first discussed to change the law for sexual assault and rape, this was my fist thought. They changed the text to remove violence as a factor and added in its place consent, which in concept sounds good since that is more the central issue for what we recognize as assault.

But it does lead to the problem where two people can simultaneous accuse the other of rape, and the problem of our current systematic response of treating the accused as guilty by default. It is very hard if not impossible to disprove for a school or public a lack of verbal or non-verbal consent. If there is a benefit of being first to report then this kind of situation is bound to recur.

On the positive side I predict we will see more understanding and light for male victims. No more is strength and violence a factor, which has historically been used as an argument why men can't get sexual assaulted. I also predict that the clearing rate will go down in proportionality to the number of reported cases, but will stay rather static in the proportionality to the population.

Re: Mutually Nonconsensual Sex

#7
post #4
post #3

Hopefully, this is the start of people realising that Obama's 'Dear Colleague' change in interpretation of title IX was a mistake.

This seems an obscure reference to something people outside U.S. will not get. Care to elaborate?

Title IX is part of an education bill that outlaws discrimination or exclusion based on sex in public schools. Violating this results in a loss of federal financing or fines.

During the 90's and 00's, the courts ruled that sexual harassment constitutes an exclusion based on sex, and a failure to address it is a Title IX violation. In 2011, a government agency tasked to enforce civil rights laws published a "Dear Colleagues" letter clarifying what steps are necessary to ensure compliance in sexual harassment cases.

Re: Mutually Nonconsensual Sex

#8
Why not abolish Title IX completely?

College students are adults, so the most serious (and possibly violent) sexual offences can be prosecuted according to criminal law, and the rest is just something two adults should be able to figure out by themselves.

Cases like the one described in the article are simply impossible to be correctly assesed by the judge or jury: too little information, and all the reasoning rules that one could apply are subjective and culture-dependent.

Re: Mutually Nonconsensual Sex

#9
Startup idea: proof of consent as a service.

A website/app where you can quickly declare consent for a specific activity, and share that declaration privately with a specific other user of the app. Each entry is secure/private to only you and the person you share it with. The entries are timestamped, you cannot delete them.

Then before the act, you quickly do a consent exchange and each person has the proof that the other consented.

You could make the entries visible only for a period of time to their own users, after which they are only accessible if there is a legal process, to avoid them being used as trophies/outing.

Obligatory Dave Chapelle Love contracts: http://www.cc.com/video-clips/jwmvxd/chappelle-s-show-love-c...

Re: Mutually Nonconsensual Sex

#10
post #9

Startup idea: proof of consent as a service. A website/app where you can quickly declare consent for a specific activity, and share that declaration privately with a specific other user of the app. Each entry is secure/private to only you and the person you share it with. The entries are timestamped, you cannot delete them. Then before the act, you quickly do a consent exchange and each person has the proof that the…

Still can’t detect whether the consentor/s are legally capable of consenting.
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