tag:blogger.com,1999:blog-652367040467201849.post5735788799725617326..comments2023-10-28T01:48:13.665-07:00Comments on Arts and Palaver: Affirmative Consent Law: "Invading Bodies" and Disputed Sex ActsElizabeth Brodyhttp://www.blogger.com/profile/11685452125287825479noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-652367040467201849.post-16864111717115769382016-05-29T14:16:44.217-07:002016-05-29T14:16:44.217-07:00The verdict is in! The ALI has thumpingly rejecte...The verdict is in! The ALI has thumpingly rejected Schulhofer and Murphy's nightmare penal code!<br /><br /><a href="https://www.thefire.org/american-law-institute-rejects-affirmative-consent-standard-for-model-penal-code/" rel="nofollow">https://www.thefire.org/american-law-institute-rejects-affirmative-consent-standard-for-model-penal-code/</a><br />Elizabeth Brodyhttps://www.blogger.com/profile/11685452125287825479noreply@blogger.comtag:blogger.com,1999:blog-652367040467201849.post-55076173549415933832016-05-29T14:16:24.711-07:002016-05-29T14:16:24.711-07:00The verdict is in! The ALI has thumpingly rejecte...The verdict is in! The ALI has thumpingly rejected Schulhofer and Murphy's nightmare penal code!<br /><br /><a href="https://www.thefire.org/american-law-institute-rejects-affirmative-consent-standard-for-model-penal-code/" rel="nofollow">https://www.thefire.org/american-law-institute-rejects-affirmative-consent-standard-for-model-penal-code/</a><br />Elizabeth Brodyhttps://www.blogger.com/profile/11685452125287825479noreply@blogger.comtag:blogger.com,1999:blog-652367040467201849.post-82966547489652994102016-02-09T14:00:57.659-08:002016-02-09T14:00:57.659-08:00Thank Hera! Law profs from all across the country ...Thank Hera! Law profs from all across the country are turning against the unworkable and unfair tenets of affirmative consent. Schulhofer and his sex-negative legions will be defeated. <br /><br />Sorry, Katie Mac! <br /><br /><a href="http://www.saveservices.org/2016/02/pr-on-the-heels-of-judicial-reversal-law-professors-assail-affirmative-consent/" rel="nofollow">http://www.saveservices.org/2016/02/pr-on-the-heels-of-judicial-reversal-law-professors-assail-affirmative-consent/</a><br /><br />"WASHINGTON / February 8, 2016 – Following a landmark legal decision last summer, law professors across the country are criticizing affirmative consent policies as ineffective, unfair to defendants, and harmful to women. SAVE calls on lawmakers to focus on proven rape control strategies such as enhancing campus security measures, reducing alcohol-related assaults, and involving criminal justice authorities.<br /><br />On August 4, 2015, judge Carol McCoy overturned a decision of the University of Tennessee at Chattanooga to expel a student on allegations of sexual assault. McCoy ruled the university’s affirmative consent standard “improperly shifted the burden of proof” because the “ability of an accused to prove the complaining party’s consent strains credulity and is illusory.” (1)<br /><br />Following the judicial reversal, legal experts began to express a range of concerns with the standard, including the policy’s unworkability, lack of effectiveness, curtailment of due process rights, wrongful convictions, constitutional problems, and broader social effects."Elizabeth Brodyhttps://www.blogger.com/profile/11685452125287825479noreply@blogger.comtag:blogger.com,1999:blog-652367040467201849.post-35924762094262213892015-11-08T09:48:50.304-08:002015-11-08T09:48:50.304-08:00Here is another. Same story.Mutual consent for sex...Here is another. Same story.Mutual consent for sex for the period of dating, then once it ends, she runs to file a "rape"charge that would never be pursued in a court of law. School sets him up for a fall. He sues.<br /><br /><a href="http://www.masslive.com/news/worcester/index.ssf/2015/08/former_clark_university_studen.html/" rel="nofollow"> http://www.masslive.com/news/worcester/index.ssf/2015/08/former_clark_university_studen.html </a>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-652367040467201849.post-28417821076800344612015-10-06T08:35:04.745-07:002015-10-06T08:35:04.745-07:00The feminist organizations and growing number of a...The feminist organizations and growing number of affiliates who are pushing affirmative consent on everyone are fishing for ammunition. The more potential instances of so-called sexual violence they can conjure, the more chances of adding statistics to the graph which will inevitably rise as more and more male students are pulled out of line for alleged infractions. Even a hand hold allegation becomes an act of sexual violence for purposes of inflating the numbers. <br /><br />The Sexual Assault Industrial Complex wins. More federal funding will be needed to alleviate the suffering of the ever expanding number of victims.<br /><br />One good way to end this would be for college males at Yale and Harvard, or other high profile schools with wealthy kids, to truthfully make allegations of affirmative consent infraction against females from influential families. It would be easy, given the many opportunities to play gotcha and rightfully reinterpret sexual behavior in the heat of the moment as lacking true affirmative consent. This will create a lot of press and threaten the schools with successful discrimination lawsuits if they refuse to academically prosecute the accused at a sex tribunal, just like they do the boys. A lot of crying, victimized girls on television cameras will greatly assist with bringing the walls of affirmative consent tumbling down. No one cares that much about boys getting slapped for sex infractions, we all know that. But just turn it around and see what will happen. <br /><br />The witch trials in Salem and elsewhere in Massachusetts didn't come to screeching halt until word leaked out that the governor's wife was going to be accused. Elizabeth Brodyhttps://www.blogger.com/profile/11685452125287825479noreply@blogger.comtag:blogger.com,1999:blog-652367040467201849.post-24431812182468905952015-10-06T07:49:18.641-07:002015-10-06T07:49:18.641-07:00There is one undercurrent of feminist politics in ...There is one undercurrent of feminist politics in all of this. The near paranoid need for the male to "check in" continuously for a sign of "affirmative consent" (the nature of which is debatable) before advancing to another "stage" (which is never defined) makes the assumption that the female is rarely if ever the sexual aggressor (which isn't true), and that she is continuously prone to feel "violated" at any given juncture during the long trot from kissing to coitus (which isn't true for the vast majority of sexually normal human beings).SAVEhttp://www.saveservices.org/noreply@blogger.comtag:blogger.com,1999:blog-652367040467201849.post-50713803734526615322015-10-05T08:00:00.736-07:002015-10-05T08:00:00.736-07:00Why would I take my clothes off and leap into bed ...Why would I take my clothes off and leap into bed with my partner if I wasn't keen on sex in the first place? Is it that simple? It can be. I neither want or need to "signal" consent for each and every damn stage or level or whatever you want to call it. I know what is coming. Why would I desire to re-signal an okay for the same behavior again and again and again? What a yawn and a turn off. Of course I don't do that, and I never will.<br /><br />If it were with a new partner who brought something uncomfortable or weird to the scene, I would say "No" quite clearly, and I've done that. I would not give consent, and certainly, not lie there like a frozen melon waiting for the knife. Who would? I don't understand that scenario of frozen helplessness. I don't know anyone like that, but I would highly recommend extensive therapy and perhaps medication for anyone who has that issue which is certainly unique.Elizabeth Brodyhttps://www.blogger.com/profile/11685452125287825479noreply@blogger.comtag:blogger.com,1999:blog-652367040467201849.post-42714711520813047582015-10-05T07:35:05.489-07:002015-10-05T07:35:05.489-07:00This is an excellent overview from Cathy Young at ...This is an excellent overview from Cathy Young at Reason.Com:<br /><br /><a href="https://reason.com/archives/2014/07/01/affirmative-consent-the-sex-police-on-th" rel="nofollow">https://reason.com/archives/2014/07/01/affirmative-consent-the-sex-police-on-th</a><br /><br /><br />"Still less reassuringly, Culp-Ressler points to the recent Yale memo that attempted to clarify the definition of nonconsensual sex with hypotheticals—some of which involved penalties for misreading minute cues. Thus, "Ansley" rebuffs "Devin's" attempt to escalate things during consensual petting, saying, "Not so fast—I'm not sure"; Devin backs off but tries again later, at which point Ansley makes no objection but "inches backward" and "lies still" during sex. (According to Yale officials, such a complaint would lead to a lengthy suspension or expulsion.) In a particularly absurd vignette, "Kai" starts to reciprocate a sexual act without looking to "Morgan" for a nod signaling a clear go-ahead—an offense deemed worthy of a reprimand, even if Kai stops immediately when Morgan asks.<br /><br />In the end, Culp-Ressler's argument boils down to this: A rule so murky that even its advocates aren't sure exactly what it means or how it will work, and which allows virtually any sexual encounter to be reclassified as a violation after the fact, is not a problem because people can be trusted not to abuse it. What could possibly go wrong?"<br /><br />The Yale Memo. Note, all the examples stage the man as the perp. No surprise here:<br /><br /><a href="http://big.assets.huffingtonpost.com/Sexual_Misconduct_Scenarios.pdf" rel="nofollow">http://big.assets.huffingtonpost.com/Sexual_Misconduct_Scenarios.pdf</a>Elizabeth Brodyhttps://www.blogger.com/profile/11685452125287825479noreply@blogger.comtag:blogger.com,1999:blog-652367040467201849.post-4260241604806642312015-10-04T15:57:45.590-07:002015-10-04T15:57:45.590-07:00http://libertyunyielding.com/2014/03/09/california...<a href="http://libertyunyielding.com/2014/03/09/california-activists-seek-redefine-quiet-consensual-sex-rape/" rel="nofollow">http://libertyunyielding.com/2014/03/09/california-activists-seek-redefine-quiet-consensual-sex-rape</a>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-652367040467201849.post-66935048058081298532015-10-04T15:56:00.306-07:002015-10-04T15:56:00.306-07:00An excellent piece from this source:
http://liber...An excellent piece from this source:<br /><br />http://libertyunyielding.com/2014/03/09/california-activists-seek-redefine-quiet-consensual-sex-rape/<br /><br />"Since most couples have engaged in sex without “verbal” consent, supporters of the bill are effectively redefining most people, and most happily-married couples, as rapists. By demanding verbal discussion before sex, they are also meddling in people’s sex lives in a prurient fashion.<br /><br />Requiring people to have verbal discussions before sex violates their constitutional privacy rights, under the logic of Supreme Court decisions such as Lawrence v. Texas (2003), which struck down Texas’s sodomy law, and federal appeals court decisions like Wilson v. Taylor (1984), which ruled that dating relationships are protected against unwarranted meddling by the Constitutional freedom of intimate association.<br /><br />It also serves no legitimate purpose, since even supporters of the bill, like Tara Culp-Ressler have on other occasions admitted that sexual violence is not the result of mixed signals: studies show that people who commit sexual violence are almost always aware that what they are doing is against the will of their victims, rather than the assault being the product of “blurred” communications.<br /><br />The “affirmative” consent requirement would not help rape victims or prevent rape, since rapists, who already lie about whether they have committed rape, will just lie and claim the victim said “yes” to sex. A person who lies about committing rape will also lie about the presence of “affirmative consent.”Anonymousnoreply@blogger.com