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The way this article conflates sex with sexual assault really creeps me out. The first sentence states: Four feminist law professors at Harvard Law School have
by drewrv 7y ago
The way this article conflates sex with sexual assault really creeps me out. The first sentence states:
Four feminist law professors at Harvard Law School have been telling some alarming truths about the tribunals that have been adjudicating collegiate sex for the past five years.
No tribunals "adjudicate collegiate sex". They adjudicate sexual assault.
- mieseratte 7y agoBy virtue of creating ill defined, capriciously enforced rules they govern acceptable conduct on an complicated issue with no clear answers. I’ve said before, while affirmative consent is a great standard to strive for, I’ve had enough relations in my day to know it’s also a standard that doesn’t hold up to reality. By the standard I’ve both been a victim of and committed assault, yet it was all kosher. Neither party would consider it so.
- ccday 7y agoOne of the professors quoted in the article suggests otherwise: > The system promulgated a definition of sexual misconduct so expansive that it “plausibly covers almost all sex students are having today,” as Gersen wrote in an article in the California Law Review.
- gregimba 7y agoThe standard at my college was any alcoholic consumption meant you could no longer consent. If I had a beer and had sex with my girlfriend it was considered sexual misconduct under the definition of consent the school provided.
- balfirevic 7y agoWhat if you both had beers? You'd both be considered to have committed an offence?
- esyir 7y agoOf course not. He would have been the offender.
- cadlin 7y agoAre you certain of this? It's a common misunderstanding about campus consent policies and it might be true somewhere, but it is far from standard. It might be a part of lower quality consent literature, but that's different from the actual standards determined by school policy. E.g., The University of California's policy around alcohol and consent is: >The Respondent knew or a reasonable person should have known that the Complainant was unable to consent because the Complainant was incapacitated,in that the Complainant was... unable to understand the fact, nature, or extent of the sexual activity due to the influence of drugs, alcohol, or medication
- mirimir 7y agoYes, and TFA also quotes this from her: > "Lots of people disagree about where to draw the line. But most people would want to draw a line so there is such a thing as consensual sex." Also this amazing quote from some activist: > As Catharine Mackinnon, the progenitor of the school of feminism from which this movement proceeds, once put it, "Politically, I call it rape whenever a woman has sex and feels violated." So basically, there is no sex (no matter how consensual it seems) that might not, at some indefinite future time, become rape. So damn, if I were a college student, I wouldn't be having any sex. Maybe just with other guys. Or maybe just porn.
- alexis_fr 7y agoThis is correct. That’s what is called the MGTOW philosophy. A lot of men are disengaging. However, I have very few data to understand whether this is as new as they present it, or whether there has always been 30% of men who disengaged from the dating pool throughout history.
- mirimir 7y agoMore useful, perhaps, would be peaceful non-violernt demonstrations. Something like mourning the coming of men and women raising children together.
- bhk 7y agoThey sit in judgment of "collegiate sex" to determine which acts are "sexual assault". Remember presumption of innocence?
- drewrv 7y agoSure thing. But my point is that, if I steal a car and get caught we're not "adjudicating cars". I'm presumed innocent, but the crime of stealing cars isn't ever conflated with regular driving around.
- tshaddox 7y agoHuh? It would certainly be "adjudicating the acquisition of cars," which would be the better analogy. Some acquisitions of cars are legal (like when you buy a car), and some are illegal (like if you steal a car).
- SuoDuanDao 7y agoSure, but try and prove you never crossed the median or went over the speed limit. Now add an environment where your passengers are pressured to report you if they suspect you may have violated a rule of the road, and you have the sex life of your typical college student.
- aidenn0 7y agoIf you get pulled over driving a friend's car and the cop asks you to prove that your friend loaned it to you, it's relatively parallel.