The Declarer (Floyd McWilliams' Blog)

Saturday, January 18, 2003

John Jay Ray blogged about the recent California case in which a juvenile was convicted of rape because his partner said, while they were having intercourse, "I think I need to go now." Ray noted that a similar case had occurred in Australia and was eventually overturned.

I'd like to state my opinion on the decision: It was unjust and insane. The only difference between the grave felony of rape and ordinary consensual sex is whether or not the act was consensual. The California Supreme Court has blurred the distinction between obvious lack of consent, and a case where consent was given and then maybe, or maybe not, withdrawn; in doing so they have effectively criminalized all sex.

Awhile back Oberlin college instituted a policy by which students would have to obtain explicit consent for each escalation of intimacy. People made fun of the imagined love scene: "May I remove your bra? May I touch your breasts?" But this is nothing compared to what the California Supreme Court would have men do. Consider:

"May I enter you now?"


(A few seconds pass.)

"Are you still consenting to this sex act?"


(A few more seconds.)

"Are you still consenting to --"

"Yes, yes, God yes!"


"I'm going to have to charge you with rape. I didn't really mean yes, that's just what I say when I'm doing it."



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