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No Means Yes If You Know How To Spot It

I'm not going to get into the back and forth of this thread too much because it doesn't get anywhere. But I am going to say that I have several daughters. Two in college, one in middle school and one still in elementary. The culture IS CHANGING with these awareness campaigns. Young people ARE talking about it. My middle schooler has spoken about it. They boys are talking about it. Hopefully we will see the cultural shift soon as we did with drunk driving. Hopefully athletes won't be protected from prosecution or even reporting as they have been in the past and hopefully young women won't be shamed after making a charge.
 
Hopefully, too, with the slut-walk and similar discussions added to this, gender roles will move.
I'd like my daugther, when she reaches appropriate age, to be able to tell a boy she likes him without being seen as a slut (and possibly raped by his idiot friend), instead of having to stay put and hope he gets the hint (and him, not his idiot friend).
And if my boys turn as shy as I was (which they seem to be on the path to, sadly), I'd like them to have clear signals instead of memories of wasted opportunities (or worse, turn into bitter misogynists).

Basically, by challenging consent and rape "culture" before we challenge our social norms on sexuality, I feel like we're going in the wrong order. The kind of discussion we're having in this thread would be so easier with a healthy view of sexuality. But maybe that's how we can start attacking the problem: because rape prevention is a nearly consensual project, it could be a good "foot in the door" for a more comprehensive change of standards (in addition to the good rape prevention in itself does, of course, not trying to dismiss the subject here).
 
I'm not going to get into the back and forth of this thread too much because it doesn't get anywhere. But I am going to say that I have several daughters. Two in college, one in middle school and one still in elementary. The culture IS CHANGING with these awareness campaigns. Young people ARE talking about it. My middle schooler has spoken about it. They boys are talking about it. Hopefully we will see the cultural shift soon as we did with drunk driving. Hopefully athletes won't be protected from prosecution or even reporting as they have been in the past and hopefully young women won't be shamed after making a charge.
The pendulum has already swung way to far in your/radical feminist direction of presuming guilt every time there is an allegation of rape. We need more protections of the accused, especially at college campuses where they are severely lacking.
 
I'm not going to get into the back and forth of this thread too much because it doesn't get anywhere. But I am going to say that I have several daughters. Two in college, one in middle school and one still in elementary. The culture IS CHANGING with these awareness campaigns. Young people ARE talking about it. My middle schooler has spoken about it. They boys are talking about it. Hopefully we will see the cultural shift soon as we did with drunk driving. Hopefully athletes won't be protected from prosecution or even reporting as they have been in the past and hopefully young women won't be shamed after making a charge.
The pendulum has already swung way to far in your/radical feminist direction of presuming guilt every time there is an allegation of rape. We need more protections of the accused, especially at college campuses where they are severely lacking.
Excuse me? You know NOTHING about me or whether or not I "presume" guilt for ever allegation of rape (which I don't). The pendulum has NOT swung far enough when there are people that still think having CONSENT is a far out and ridiculous requirement before engaging in sexual activity (especially at a party with strangers or acquaintenaces). That said, I don't think a young man should AUTOMATICALLY be expelled from school for having a 'drunk' hookup (as you put it). I don't always assume they are 100% at fault anymore than I assume the girl is 100% victimized. I think the 'frat' style drinking should be discouraged for BOTH genders on college campuses way before it gets to the 'hook up' part. You seem to forget I have SONS too.
 
I've often wondered about how this iconic photo from the end of WWII is viewed in today's context about sexual assault. If this happened today, would the guy be arrested? How can it be that mainstream magazines and newspapers continue to publish (and celebrate) a picture of a known "sexual assault"?

TRIGGER WARNING! Picture of Sexual Assault!

kiss.jpg

For those who don't know the history of this picture, the guy was drunk and had never met the woman before:

http://www.dailymail.co.uk/news/article-2187071/Times-Square-Sailor-nurse-kissing-iconic-WWII-photograph-reunited.html

In future rememberances of WWI, should we ban this photo?
 
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I've often wondered about how this iconic photo from the end of WWII is viewed in today's context about sexual assault. If this happened today, would the guy be arrested? How can it be that mainstream magazines and newspapers continue to publish (and celebrate) a picture of a known "sexual assault"?

For those who don't know the history of this picture, the guy was drunk and had never met the woman before:

http://www.dailymail.co.uk/news/article-2187071/Times-Square-Sailor-nurse-kissing-iconic-WWII-photograph-reunited.html

In future rememberances of WWI, should we ban this photo?

Good question. I never knew that was a photo of a woman getting some drunk's tongue in her mouth without permission. I had always thought they were a couple. I suddenly find that photo [pretty icky. I've had the unwelcome drunk tongue thing done to me and it's very hard to ever wipe away the feeling of disgust, no matter how many times you spit or brush.
 
Yes, it really is this easy. Having hook-up sex with someone you barely know greatly increases your risk of failing to properly understand signals. You are engaging in very risky behavior. It could go terribly wrong the next day when s/he sobers up and you discover that s/he is finally able to articulate extreme displease at what happened when s/he was not able to articulate it.

Ok, but what you're saying is that having sex with people you don't know is unacceptably risky. You're trying to ban casual sex in the same manner as drunk driving? Or something less than that?

The policy says, this can be significantly mitigated if the standard is to actually try to be sure. Using these following criteria. And that it is worth mitigating.

...and we'll expel you if you don't follow the criteria. You're phrasing it as a suggestion to try and mitigate something, but it's not just a suggestion to try, is it? It's a requirement to succeed on penalty of expulsion.

And that the side effects of actually trying to be sure are not negative.

Of course they're negative. Several people have provided reasons in depth on exactly how and why they're negative. Forming sexual relationships is part of being human.

If, instead, she said "You know what I would like more than coffee?" and thus started the next stage of explicit communication that continued until they ultimately had sex,

You're saying how everyone can obviously be explicit in an invitation to sex - but you stop short of saying what the initiation would consist of, and only hint at what would be said. Doesn't that rather undermine the point you're making? Based on the idea that you personally are not comfortable with being sexually explicit on a forum, can you not see how some people might not be comfortable with being sexually explicit in intimate circumstances?
Several people have given examples of "what the initiation would consist of" in this thread and others. This is usually met with, "I don't like that one, so your whole point is invalid," or "Are you really trying to give me sex advice?"

That's not true of this thread, and I'm surprised you'd suggest otherwise. People have suggested examples that either presuppose a long-term relationship with a set of well established signals, or a level of bluntness that not everyone is comfortable using. Whenever anyone asks for an initiation that would suitable for shy people, what we get back is generally a set of non-verbals that do little or nothing to establish unambiguous consent, let alone prior permission for each stage of intimacy.

I'm trying to work out why you're proposing a standard that you're not able to imagine fulfilling, even hypothetically. If what you intend is that everyone must, on pain of expulsion, be blunt about their romantic lives, then own up to it. If you're proposing that people simply not have sex with people unless they know them well, then say so. But don't keep on telling people it's easy to do and then not do it.

At the very least the fact that there's all this hedging and hawing going on should warn you that this isn't the simple thing you're making it out to be.

The questions that come to my mind are as follows:
  1. Is this policy likely to be followed? Is it realistically something that can be implemented?
  2. Is it fair and just? Does it provide increased protection from A without increasing the risk of B?
...

I also don't have any problem whatsoever with public policies that will help move the bar a bit faster. Someone earlier brought up drunk driving as a great example. When I was in my early 20's, no one thought twice about driving drunk. We didn't have designated drivers nor worry overly much about our actual ability to drive. By my 30's, house parties were mostly dry because most everyone wanted to stay sober to drive. That is a huge shift in 10 years, mostly brought about by public policy.

There was also a huge public policy effort to reduce drug use aka 'the war of drugs' That was rather less successful. Campaigns to reduce speeding have also been less successful. What was the difference? In the drunk driving campaign the focus was on a cultural shift. The logical link between lack of control and death was hammered home, the focus was shifted from the degree of impairment of the driver to the fact that alcohol reduces reaction time.

YES! That is what this is proposing a cultural shift like the drunk driving campaign which came along with broader criteria for violations and increased consequences for being caught at it! Just like this campaign.

So why are you ignoring the cultural shift part, and focusing on the rules and regs? I'm all for rules on consent, but every time I point out that things prior permission for each step of intimacy, or convicting on a strict liability basis strip the change of its face validity and endanger the adoption into popular culture, I get blanked or ignored.

I don't agree with you that the rules drove the culture change. If anything I think it was the other way around. Some areas had draconian laws that simply weren't enforced by police who no more bought into the rule than those who broke it. Some saw change before new rules were introduced. Then again, we live in different countries. As I understand it, my country that has fewer DUI and more drinking...

Still not sure why you consider having sex with someone you are not sure consents is "normal behavior?" What part of those posted college rules do you think is abnormal, exactly? I don't think I know your position on this?

I'm all for a simple rule to follow that has obvious face validity. On going consent is the best concept I've seen so far, but I'm happy to consider others. I'm very much against further elaborations or additions to the concept, including redefining consent away from it's existing (legal) meaning, the idea that consent has not be obtained unless it exceeds some arbitrary level of ambiguity, and in particular the idea that prior consent must be obtained before initiating any kind of intimate contact, rather than on an on going basis.

People used to do the same with drunk driving, deciding that because they could 'hold their drink', they didn't need to worry about driving while impaired. They stopped because it ceased to be a personal risk assessment and turned into an issue of social responsibility. You don't drink and drive because it sets a poor example, not because you think you personally are likely to have an accident.
I disagree.

We disagree about human motivation as regards to culture. Useful to know, but I can't see that being resolved in the context of this thread.

However, what we possibly can agree on is that enforcement alone is not sufficient, and you need a cultural shift, since we've had numerous campaigns with strict rules that haven't been so successful. And that's I tend to oppose definitions that try and ignore issues of practicality or common sense - because they stand a higher chance of being judged as lacking face validity, and thus simply ignored by students and enforcement alike.
 
Ok, but what you're saying is that having sex with people you don't know is unacceptably risky. You're trying to ban casual sex in the same manner as drunk driving? Or something less than that?

Just read the next sentence. That's clearly not what she's trying. She is defending a standard that demands explicit communication on the ground that there's a high risk of miscommuncation in those situations if your rely on implicit clues alone. There's no "don't have casual sex ever" there, just as there is no "don't drive ever" in DUI rules.
 
Ok, but what you're saying is that having sex with people you don't know is unacceptably risky. You're trying to ban casual sex in the same manner as drunk driving? Or something less than that?

Good grief, no. I'm not interested in banning casual sex. Unlike drunk driving, drunk sexing will only get you in trouble if you have an actual wreck. That is a person complaining (sometimes after the fact). If both of you turn out to be fine with what went down, and no one presses charges, there's no drunk-police doing DUI stops in dorm bunks to arrest people having drunk sex. The law only gets involved if it turns out that someone complains later.

I'm saying that these regulations give you the how-to-manual to avoid that wreck.

If you are too shy to get consent, then you need to acknowledge that you are at HIGH RISK for a misunderstanding in which you do not actually have consent. Go ahead and drive if you think you can hold your liquor, but you might be wrong there, dude, and headed for a wreck. And once your sex life is wrapped around a tree, don't go shouting "persecution!" when the newspaper takes pictures of your car.
 
Here's a scenario:

College kids go to a party. Woman gets fairly-to-very drunk. Lots of people saw her that way. Guy gets kinda drunk, or maybe isn't at all, who knows. He comes on to her, she goes, "hell yeah!" and off they go to get it on.

The next day, she wakes up hungover but coherent and realizes what happened. She thinks, "well shit. I like that guy, I woulda said yes if I'd been sober. My biggest regret is that I don't remember much of that." And she reports nothing. Because, she doesn't actually regret it, even though she had no capability to consent. Maybe she even goes and tries to pursue a date with him.

That's the case where the guy gets off free from something that could have gone very very wrong for him. He drove drunk through crowded streets, but he didn't get in a wreck. Not through skill or ninja liquor-holding powerz, but luck because shweeeuw, that could have gone badly.


That's what can happen if you don't have actual consent. You could get lucky that your partner is okay with what went down. Or you could... not - and have screwed your college career.
 
1) She fears pregnancy. (Real case, she recanted after he spent years in jail).

2) She fears discovery of her infidelity. (Real case, she cried rape when discovered, her husband shot the "rapist". She went to jail for involuntary manslaughter.)

3) She is mad about a breakup or the like and seeks revenge.


These are your idea of sane sensible women? No wonder you worry about crazy women.

I'm not calling them sane & sensible--the problem is that you can't know for sure who is sane and sensible.
 
These are your idea of sane sensible women? No wonder you worry about crazy women.

I'm not calling them sane & sensible--the problem is that you can't know for sure who is sane and sensible.

So what's your point then? How do they fit in with rules to define sexual consent? Are they a reason to not have it?
 
When someone drops acid and decides in their hallucination to jump out a window, it is neither the flag pole, ledge, not ground's fault when they go 'crunch'. When you get inebriated on whatever, it is their responsibility not to do it near 30th floor windows, not the world's responsibility to put cushions on every horizontal surface. If you say yes to sex with someone, you don't deserve a beer-goggle hindsight. You did it. Get over it. You got drunk in a place beer goggles can be dangerous.
 
When someone drops acid and decides in their hallucination to jump out a window, it is neither the flag pole, ledge, not ground's fault when they go 'crunch'. When you get inebriated on whatever, it is their responsibility not to do it near 30th floor windows, not the world's responsibility to put cushions on every horizontal surface. If you say yes to sex with someone, you don't deserve a beer-goggle hindsight. You did it. Get over it. You got drunk in a place beer goggles can be dangerous.

If I accepted all that, it still doesn't tell me what's wrong with a college deciding not being "a place beer goggles can be dangerous" improves the quality of campus life.
 
If I accepted all that, it still doesn't tell me what's wrong with a college deciding not being "a place beer goggles can be dangerous" improves the quality of campus life.
If students wanted to go to a school that controls their private life like that they'd go to Liberty, BJU or BYU.
 
If I accepted all that, it still doesn't tell me what's wrong with a college deciding not being "a place beer goggles can be dangerous" improves the quality of campus life.
If students wanted to go to a school that controls their private life like that they'd go to Liberty, BJU or BYU.

So you're saying that the only people who'd rather be able to get drunk without fear having their drunkenness exploited are fundamentalist Christians? Are you willing to back that up with any evidence?
 
If I accepted all that, it still doesn't tell me what's wrong with a college deciding not being "a place beer goggles can be dangerous" improves the quality of campus life.
If students wanted to go to a school that controls their private life like that they'd go to Liberty, BJU or BYU.

So you're saying the Free Hand of the Open Market will make these particular universities ghost towns within the year. So be it. Let's see what happens in the Open Market of Ideas. Why are we complaining? The Market will sort this out.
 
If I accepted all that, it still doesn't tell me what's wrong with a college deciding not being "a place beer goggles can be dangerous" improves the quality of campus life.
If students wanted to go to a school that controls their private life like that they'd go to Liberty, BJU or BYU.

So preventing sexual assault is controlling someone's private life?

Is preventing rape also controlling someone's private life?

Where would you draw the line?
 
When someone drops acid and decides in their hallucination to jump out a window, it is neither the flag pole, ledge, not ground's fault when they go 'crunch'. When you get inebriated on whatever, it is their responsibility not to do it near 30th floor windows, not the world's responsibility to put cushions on every horizontal surface. If you say yes to sex with someone, you don't deserve a beer-goggle hindsight. You did it. Get over it. You got drunk in a place beer goggles can be dangerous.

If I accepted all that, it still doesn't tell me what's wrong with a college deciding not being "a place beer goggles can be dangerous" improves the quality of campus life.

More, it's not at the colleges this happens. It's at private venues, generally explicitly full of horny, predatory assholes. The college isn't deciding that it's going to be a safe place to drink. It's insisting every place and organization where students attend to also be such a place and it's unreasonable.
 
Since he didn't go up anything else is speculation.
YOU are the one that opened the speculation with:
So if they had ended up having sex she'd be a "rapist" according to these criteria because she didn't obtain explicit, unambiguous consent.

Let's pretend George, believing he was being invited up for coffee, said "yes". Once they were upstairs, if she immediately grabs his cock instead of serving him coffee, she would be guilty of a sexual assault. Whether he chooses to report it or not is up to him, but she did fail to get his consent.
More likely it would be something like leaning in for a kiss or innocuous touching, then escalating if reciprocated, stopping if withdrawn from.
My point was a clear example of an assault. She invites him up for coffee and instead grabs his cock without his permission.

If, instead, she said "You know what I would like more than coffee?"
What? Like cake? ;)
There is still ambiguity here. Explicit and unambiguous would be "do you want to come to the bedroom and fuck".
. Did you notice where I said "thus STARTED the next stage of communication"?

It could very well happen that George assumes she meant "cake" and she will have to become more direct. Or it could very well happen that he understands the direction she is taking, and communicates further along this line, bit by bit, back and forth, until they have explicit consent between them; and even this is ongoing throughout, each checking that the other is in agreement, still consenting.

and thus started the next stage of explicit communication that continued until they ultimately had sex, then she would NOT be guilty of a sexual assault regardless whether her first question downstairs was an invitation to have coffee.
Except I think that more implicit communication should be treated as just as valid. If she leaned for a kiss and he reciprocated, and so on, that wouldn't be "explicit" but it would still be consensual.
. Do you understand that "implicit" is the opposite of "express" - not the opposite if "implicit"? I agree that leaning in for a kiss, hesitating to see if he reciprocates, and so on can be consent... explicitly so. The less they know each other, the more they will need to use words to confirm they are both actually in agreement, but every definition of "explicit" that I have posted repeatedly shows that "explicit" means "very clear and complete : leaving no doubt about the meaning" which doesn't neccessarily include words.

I truly do not believe that you or anyone else here is incapable of understanding how this works. :rolleyes:
I do not think you understand how OSU and similar policies work. :rolleyes:
I do. You don't.

Once again, you do understand that there is a difference between "explicit" (example: "a more clear move") vs "express" (which must be written or verbal).
I do not think you can get "explicit" and "unambiguous" without using words or using gestures that are basically equivalents of words (nodding or shaking head for "yes" or "no").
I disagree, though I do think that the less you know the other person, the more you will need to use words to be very sure you do have explicit communication.

When people don't know each other very well, imo more express communication is advisable to avoid miscommunication but the policies only require "explicit".
We shall see if they see the difference the way you do. I fear that they will use this policy to expel even more male students accused when they really have no evidence. Just like they are using evidence of any alcohol use to conclude that the girl (but never the guy) was "too drunk to consent".
 
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