Make A Sex Tape To Protect Yourself From Rape Allegations In California

Submitted by Mastodon on Fri, 2014-08-29 16:48

Article here. Excerpt:

'California’s so-called “yes means yes” legislation, which returned to the state Senate for a vote on Assembly amendments, would require college students to get “affirmative” and ongoing consent during sexual encounters.

How exactly a person can prove such consent following a sexual-assault allegation is anyone’s guess, including a bill co-sponsor’s. One expert’s plausible suggestion: Make a sex tape every time.

Brooklyn College history professor K.C. Johnson, co-author of a book on the Duke lacrosse rape case, told the Washington Examiner that “recording the entire sexual encounter” from start to finish may be the only foolproof solution:

Of course, Johnson noted, “such a recording could in and of itself violate criminal law and college policies.”

As for ensuring that consent is “ongoing,” Johnson said “California students would be wise to interpret the measure as stringently as possible — that is, there must be consent for every single stage of the activity.”

And Johnson believes that consent would have to be verbal, since colleges and universities could claim the accused “misinterpreted a non-verbal cue.”'

Like0 Dislike0

Comments

Let's suppose a man and woman have applied the affirmative consent rule all along but at some point the woman changes her mind, say in the middle of intercourse. She mentally changes her mind, that is, but never says anything to her partner. The man thinks everything is hunky-dory until he's charged with rape because she mentally changed her mind but never told him.

Does the law put any burden on the woman in this case to verbally state she no longer gives consent? Without that requirement, the man could believe he has consent even though the woman has silently withdrawn consent--which makes him a rapist because he didn't read her mind. I mean, how often do women expect men to read their minds?

Or we're back to the five-second rule: ask every 5 seconds or it's rape. Or is it the 10-second rule? Or the 30-second rule? Or what if the woman says yes but has mental reservations? Is it still rape?

Traditionally, rape was associated with use of force. Today, it's about consent. Making it about consent means sex is closer to a contract than a criminal act. Contracts are based on explicit actions: if you sign the paper, you've agreed to the contract and it will likely be upheld in court. So is sex now a contract? And does contract law apply to it? "Affirmative consent" laws move sex more into a type of contract. But, of course, a contract for sex cannot be upheld. Yet without that "verbal contract" the man can be busted for rape. So, too, marriage was supposed to be a contract for sex--until marital rape laws changed all that. So what's a man to do? Hope the gal he's with doesn't charge him with rape, since in about all circumstances she probably can.

Like0 Dislike0
Submitted by el cid on Sat, 2014-08-30 16:28

Like I said here, male college students are well advised to not sleep w/ female classmates and only bed girls off-campus. 1) No diddling on-campus and 2) No diddling classmates.

At least not until sanity eventually returns to campuses re these things.

Like0 Dislike0
Submitted by Matt on Sat, 2014-08-30 18:11

The Equal Protection Clause of the 14th Amendment to the US Constitution holds that no state may deny any person within its jurisdiction the equal protection under the laws. In other words, the laws must treat all people the same. But here, clearly men are being treated differently than women.

There is no way that men can be mind readers, and if a woman changes her mind part-way through sex, then the man is being held responsible even though it is totally impractical to hold him responsible in this way. In order to change this perverse law, we need to turn this around, and have men claim to be raped by coeds, saying that they changed their mind part way through the act... the idiocy of the proposed law discussed here will soon be evident to all. I don't expect that the law will change in response to the damage done to men. I do expect that it will change in response to the damage done to women. When coeds are hit with rape charges, when no guy in their school will have sex with them, etc., perhaps then the law will change....

Like0 Dislike0
Submitted by redwoodwriter on Wed, 2014-09-03 22:05