Tag: affirmative consent law

But Did You Really Mean Yes?

A few weeks ago, I blogged on the affirmative consent law passed by California that requires any sexual contact on college campuses to have explicit and ongoing consent to not be qualified as assault. In criticizing it, I noted:

What this really is about is getting a foot in the door for something radical feminists have wanted for a long time: a standard of “enthusiastic consent” to determine the line between sex and rape. According to these theorists, the only time sex should happen is when the woman is eager for it. Anything else is a varying degree of rape.

Do you have any idea how tired I get of being right all the time?

Activists quoted in the Huffington Post now want to extend this “affirmative consent” ideology, and its pinched, misleading definition of “consent,” beyond college into K-12 schools, and beyond sexual activity to non-sexual touching and unwanted remarks, to teach people the sinister evil of things like “unsolicited hugs.” (My wife and daughter hug me without asking for permission, and sometimes it’s a surprise — a pleasant surprise, even if I never “agreed” to it.). Once busybodies start meddling in your personal life, it’s hard for them to stop.

The meddling won’t stop at the schoolhouse gate, and will eventually reach into your private life, too. As lawyer Scott Greenfield notes, progressive law professors have submitted a controversial proposal to the American Law Institute that the Model Penal Code be radically changed to require affirmative “consent” throughout society, for both “sexual intercourse” and a broader range of “sexual contact.” On page 69 of their draft, they explicitly admit that this affirmative “consent” requirement would classify as sexual assault even many “passionately wanted” instances of sex (presumably because of the technicality that such mutually-wanted sexual intercourse is welcomed after — not affirmatively consented to before — the sex is initiated.) Perversely, they justify this massive invasion of people’s sex lives as supposedly protecting people’s sexual “autonomy” from potentially unwanted sex, even though their proposal goes well beyond banning unwanted sex, to banning sex that was in fact “passionately wanted” although not agreed to in advance. See Model Penal Code: Sexual Assault and Related Offenses, Tentative Draft No. 1 at pg. 69 (April 30, 2014).

This is why, Ezra Klein, you don’t support what you admit is a terrible law because it serves some social justice function. Because once you infect the legal code with the sort of wooly thinking, it will spread and mutate until the entire law code is a feminist manifesto from Berkeley.