X
Xantippe
Guest
It makes a lot more sense as a two step process, with “can they consent?” being the first step.I**t’s a two step thing:
Can this person consent?
Do they?**
Affirmative consent has nothing to do with the first, but tries to redefine the second in a very impractical way. I’m open to discussing the benefits of these policies on college campuses, but to expect people to actually live them out as adults is silly.
I don’t think the lay person would be aware of that, though, and if they hear “consent is the absence of no,” they are going to take away a totally wrong impression.
SST, for example, was advocating at some point for escalation to no, which potentially ignores the question of whether or not the person is capable of a “no.”
How would you deal with the situation DarkLight mentioned, where the woman is frightened into non-resistance, without any explicit threats having been made? When I’ve mentioned “accidental” rape, that’s the sort of situation I had in mind–where there’s no explicit consent, the woman believes she is in danger/her “no” is not going to be listened to, and the man might (at least somewhat plausibly) argue that he’s just following SST’s policy of escalation to no.
Moving away from the legal issues, given the potential consequences of intercourse (sexually transmitted diseases, PTSD, pregnancy, disability, medical expenses, physical trauma from delivery, loss of ability to work while recovering from childbirth, death (child and/or mother), a child who needs to be raised to adulthood, loss of virginity, loss of status in one’s religious community and abortion), I’m very uncomfortable with the idea of assuming consent in the absence of a “no.” (I realize I’m counting pregnancy multiple times there, but these are fairly distinct issues.)
Practically speaking, if one isn’t getting a “yes,” one also probably isn’t making detailed inquiries as to her health insurance coverage, eligibility for postpartum leave, other aspects of work situation (would she be able to perform her job pregnant?), family planning arrangements, pro-life/pro-choice beliefs, family situation (would her parents kick her out?), past medical history, savings, religious beliefs about sex, etc. The problem is that intercourse is the act that causes babies, and choosing to engage in that act with a person where this stuff is unknown with only “absence of no” type consent is deeply uncharitable, both to the woman, and to the child hypothetically being conceived.
I realize that within a long-standing relationship (even a non-marital one) a lot of these issues will be fairly clear, but where it isn’t crystal clear, I would argue that consent (in the non-legal sense) needs to require a much higher bar. For example, one of my old friends is a Type 1 diabetic in Russia (which is pretty scary on a good day). She did eventually have a baby and they both survived, but it was a very near thing. There are plenty of situations where pregnancy is life-threatening, and a casual acquaintance simply won’t know enough to know if those life-threatening conditions are possible. Given the possibility of that type of situation, I think “absence of no” type consent is very careless.