Four In Bed: Two People, The State Of California, And The University
There's an editorial in the LA Times about the ridiculous bill before the California State Senate that would require schools in the state receiving funds for student financial aid to include an "affirmative consent standard" as part of their sexual assault policy:
The standard would require that the "person initiating" must ensure that he or she has the consent of the other person before moving forward toward sex. "She never said no" would not be a defense. The question would be, "Did she ever say -- or indicate -- yes"?Initially the bill, introduced by state Sens. Kevin de Leon (D-Los Angeles) and Hannah-Beth Jackson (D-Santa Barbara), called for consent given "by words or clear, unambiguous actions," and said that "if there is confusion as to whether a person has consented or continues to consent to sexual activity, it is essential that the participants stop the activity until the confusion can be clearly resolved." The bill noted that relying on "nonverbal" signs could lead to misunderstandings. To critics, that language suggested that students had to pause at each step along the way to the sex act to ask each other -- preferably out loud, in words -- if both parties were still onboard.
That seemed, to say the least, to add an artificial element to sex and to mandate specific behavior in the bedroom that has traditionally been beyond the state's purview. While affirmative consent may be legally and even morally advisable, is it enforceable or the business of the Legislature?
Responding to those and other concerns, De Leon has revised the bill, toning it down slightly to define consent as "an affirmative, unambiguous and conscious decision by each participant" and dropping the language about using "words." He also has pared back the insistence that sex should be halted in cases of confusion. The bill does, however, say that consent must be "ongoing" and "can be revoked at any time."
Why not just require a signed permission slip filed in the Registrar's office?
Are colleges preparing students for adulthood or a second stint in nursery school?








Great, now they're offering courting rituals. Just like every church ever. Just another morality crutch. We can always count on the young folk to ignore them.
Canvasback at May 30, 2014 11:41 PM
> We can always count on the young folk
> to ignore them.
It ain't (society's) seniors who are demanding this.
Collegiate fucking gets less interesting every year.
Crid [CridComment at Gmail] at May 31, 2014 1:18 AM
This calls to mind the Antioch rules.
http://www.nytimes.com/1993/10/11/opinion/ask-first-at-antioch.html
Amy Alkon at May 31, 2014 6:09 AM
The old fogies need to first get on the same page as the students about what "sexual activity" IS.
"The rich women tended to view casual sex as problematic only when it was done outside of steady relationships, and even then, only when it included vaginal intercourse. Meanwhile, frequent “hooking up,” which to them included kissing and oral sex, did not a slut make."
"The poorer women, by contrast, were unaware that “hooking up,” in the parlance of the rich women, excluded vaginal intercourse. They also tended to think all sex and hook-ups should occur primarily within a relationship."
http://www.theatlantic.com/health/archive/2014/05/theres-no-such-thing-as-a-slut/371773/
Bob in Texas at May 31, 2014 6:11 AM
Amy Alkon
https://www.advicegoddess.com/archives/2014/05/four-in-bed-two.html#comment-4704985">comment from Bob in TexasA guy who asks permission like that is a guy who suddenly turns me off.
Oh, and I've had a lot of unsober sex and enjoyed the hell out of probably 95 percent of it.
Amy Alkon
at May 31, 2014 6:30 AM
This should help with the goal of pushing male enrollment down below 30%.
dee nile at May 31, 2014 7:07 AM
I think this bill doesn't go far enough. Why limit it to sexual activity when it could cover everyday conversations...why often degenerate into EVERYDAY SEXISM.
A lot of college kids talk to each other in a manner that could be construed as "harassment" if parsed in a court of law. This especially happens when men address women or when whites speak to minorities. The result is microaggression.
So why do we as a society allow this?
In order to address another party, college students should need to get permission from an authority figure who will sign off on whether that person is responsible enough to do any talking. It might sound draconian, but this is the only way to assure things are fair for all.
Days of Broken Arrows at May 31, 2014 7:11 AM
I guess those college professors are going to have to follow their own rules if they want to lay their students.
Xenophon at May 31, 2014 8:59 AM
How often in a marriage does anyone explicitly "ask" for sex? 5% of the time? Usually it just happens. And without having it in writing, even asking verbally and getting a "yes" is no protection under this logic. Only notarized documents will suffice.
Sorry to be old-fashioned but the cure for this problem on campus is to end the "hooking up" culture and replace it with traditional courtship. Both men and women are much much safer in a committed relationship --oh yeah, I forgot, these people want to end marriage.
Craig Loehle at May 31, 2014 9:49 AM
I wouldn't be surprised if academic grants and scholarships begin to include a prohibition against sex with fellow students in their morality clauses.
Because these policies effectively establish a default liability for having sex with another student. There is no way for either party to know whether they have gained or violated the necessary consents, if only because they can't know what the other party subjectively regards as a stage in the escalation of the sexual engagement. And being that neither party is required to acknowledge when they wish to be asked for consent, or to protest when they do not consent to an act, the 'assailant' has no way to remedy their failure to gain consent nor to recognize when they have become a 'rapist'.
The determination of whether someone is a sexual assailant is entirely at the discretion of their 'victim', who may determine that they have been raped after the fact. And with the processes in place to prosecute these claim, the guilt of the defendant is all but assured.
Paul at May 31, 2014 10:25 AM
Oh, and I've had a lot of unsober sex and enjoyed the hell out of probably 95 percent of it.
Posted by: Amy Alkon Author Profile Page at May 31, 2014 6:30 AM
___________________________
Sounds like a great way to contract an incurable disease - how many are there, now?
It's easy enough to be on the Pill or the IUD in advance, but drunken sex, I assume, doesn't usually include condom use.
lenona at May 31, 2014 12:50 PM
Can't I just show my "White Privilege" card (after all, I'm constantly being asked to check it, might as well get some use out of it. . .) and bypass the requirement ??? (evil grin)
Keith Glass at May 31, 2014 1:07 PM
This calls to mind the Antioch rules.
Posted by: Amy Alkon at May 31, 2014 6:09 AM
___________________________________
Miss Manners mentioned Antioch and the ensuing jokes in 1995 and again on page 180 of "Miss Manners Rescues Civilization":
http://news.google.com/newspapers?nid=1817&dat=19950801&id=RDsdAAAAIBAJ&sjid=HqYEAAAAIBAJ&pg=6948,278099
Excerpts:
"Miss Manners was not amused. It seemed to her very proper and natural that people indulging in such a consequential activity as romance should want it to be governed by etiquette. That they came up with something awkward and adversarial does not surprise her. There was no going back to the old system. The matron-police who scowled at lovers were unavailable for a return to duty. Left unemployed for so long, they all went off to law school...
"...Surely, however, the explicit consent code, could be improved. Miss Manners agrees that ongoing feedback is needed to make sure that everyone continues to be happy as things go along. Using the Q&A format however, has its drawbacks for the worthy but inarticulate. Cads are notoriously eloquent..."
_____________________________________
Sorry to be old-fashioned but the cure for this problem on campus is to end the "hooking up" culture and replace it with traditional courtship. Both men and women are much much safer in a committed relationship --oh yeah, I forgot, these people want to end marriage.
Posted by: Craig Loehle at May 31, 2014 9:49 AM
______________________________________
I will say I'm glad not to have been surrounded by female classmates who would openly admit to sleeping with, again and again, young men who didn't really want to spend ANY time with the women outside of bed. (In her 2007 book "Unprotected," Dr. Miriam Grossman painted a very sorry picture of modern campuses, in more than one way.)
And, in 1992, in a column on date rape, Miss Manners wrote: "It is now also high time to declare the one-night stand defunct...Surely something that wasn't worth repeating couldn't have been all that much worth doing the first time."
lenona at May 31, 2014 1:12 PM
Hmmmm...this could be kinda hot. Is there a provision requiring the person doing the promising to actually do what he or she announces? How well? Will a State agency issue a report on best practices? The mind boggles. Everything else, too.
41 secs · Like
Don at May 31, 2014 1:57 PM
One of the best examples of magical thinking.
These bureaucrats honestly believe that they can read minds, and expect drunk college kids to be able to do it too.
Isab at May 31, 2014 2:39 PM
College is preparing them all for good jobs with the Veterans Administration.
Cousin Dave at May 31, 2014 10:07 PM
What's the problem? This de-liberalizes college campuses and returns us to a conservative viewpoint on sexual relations.
Women are fragile vessels and must be handled delicately lest they break, turn into prostitutes, or get a job outside of the home.
Gog_Magog_Carpet_Reclaimers at May 31, 2014 10:25 PM
Simple solution:
State in the enrollment form that:
Applicant acknowledges that they are an adult and are prepared to resolve adult situations themselves.
Applicant acknowledges that the University is there solely to provide an education, and that minimal security will be provided.
Applicant acknowledges that they are solely responsible for determinine what is safe and unsafe behavior, and that the university will not adjudicate any disputes between students nor interject itself into the same.
Robert at May 31, 2014 11:56 PM
534(a)/21a - SEXUAL ACTIVITY CONSENT FORM
We the undersigned do hereby declare mutual consent for sexual activity, which may include the following acts (check all that apply):
__ Kissing (oral osculation)
__ Fellatio
__Cunnilingus
__Digital penetration of vagina
__Digital penetration of anus (Specify receiving part(yes)_________
__Manual stimulation of penis
__Vaginal intercourse (if lesbian, specify receiving part(yes)______
__Anal intercourse (specify receiving part(ies)__________
__Act(s) considered "kinky" (please attach Form B: Kinky sex)
__Other (please specify acts and roles of parties - attach additional pages if necessary
We the undersigned acknowledge that we are of sound mind, and not under the influence of alcohol or any psychoactive drug (prescription drugs other than marijuana excluded).
We understand that any violations of this consent or diputes arising therefrom may result in disciplinary action taken against the male part(ies) (cis-males only).
This form must be submitted to the Office of the Dean of Students no later than twenty-four (24) hours in advance of the planned activity. Any party to this agreement may cancel it at any time by calling the Office of the Dean of Students at (XXX-XXX-XXXX), or by visiting http://anyuniv.edu/DoS/RevokeConsent.html and submitting form 534(a)/21b.
Signed this day ___(enter date)_____________
Party 1. ____________________________
Party 2. ____________________________
Party 3. ____________________________
Party 4. ____________________________
(If more than four parties, please attache signatures on separate sheet.)
Notarize Below:
.
Farmer Joe at June 1, 2014 8:27 AM
Forgot to say: In that 1992 Miss Manners column I mentioned -
http://news.google.com/newspapers?nid=1980&dat=19920419&id=tBAuAAAAIBAJ&sjid=0toFAAAAIBAJ&pg=2682,4626496
- she pointed out:
"And surely the tradition of the marriage proposal demonstrates that an explicit question and answer need not put a damper on romance."
BTW, in the same column, she mentions a dirty but legal social trick that a woman used to use to get a man to marry her without his actually proposing. (No, it had nothing to do with bedroom sex.) MM didn't say just when men used to COMPLY with this tradition, but I'm guessing it was long before World War One. Another, more polite trick for getting a man to propose, that she mentioned in another column, was for the woman to say: "I'm sorry, but Father says people are starting to gossip and he's said we can't see each other any more." Of course, back then (I'm guessing), a true gentleman wouldn't dream of doing anything to irritate a lady's father - even if the two men had never met. So if he wasn't planning to propose at all, he'd simply say: "Well, I'm sorry to hear that - it's been nice knowing you." At least that way, the woman would have at least a chance of not getting her hopes up - and everyone would save face.
lenona at June 1, 2014 11:21 AM
"or by visiting http://anyuniv.edu/DoS/RevokeConsent.html and submitting form 534(a)/21b."
LOL @ Farmer Joe -- 'DOS' is the acronym for 'Denial of Service'!
Gog_Magog_Carpet_Reclaimers at June 1, 2014 12:05 PM
Farmer Joe forgot to add the addendum to revoke consent a few days after the fact, upto 3 years, in the face of slut shaming from her girlfriends or failure for the guy to live up to any of her expectations
lujlp at June 1, 2014 1:55 PM
"This form must be submitted to the Office of the Dean of Students no later than twenty-four (24) hours in advance..."
24 hours? This is a university we're talking about. 30 days minimum! And don't forget to include the $60 processing fee.
Cousin Dave at June 2, 2014 7:35 AM
Leave a comment