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Monday, June 29, 2015

Regulating Sex By Judith Shulevitz - “If There’s No Social Consensus About What the Lines Are,” says Nancy Gertner, a Senior Lecturer at Harvard Law School and a Retired Judge, then Affirmative Consent “Has No Business Being in the Criminal Law.”

Update:

Don’t miss this one!
The Future of Sex Is Terrifying, June 30, 2015
Proposed changes to U.S. sex-crime laws seek to set new sexual norms by criminalizing ordinary behavior.
By Elizabeth Nolan Brown
 
Original Post:

Regulating Sex, June 27, 2015
By Judith Shulevitz

THIS is a strange moment for sex in America. We’ve detached it from pregnancy, matrimony and, in some circles, romance. At least, we no longer assume that intercourse signals the start of a relationship. But the more casual sex becomes, the more we demand that our institutions and government police the line between what’s consensual and what isn’t. And we wonder how to define rape. Is it a violent assault or a violation of personal autonomy? Is a person guilty of sexual misconduct if he fails to get a clear “yes” through every step of seduction and consummation? 

According to the doctrine of affirmative consent — the “yes means yes” rule — the answer is, well, yes, he is. And though most people think of “yes means yes” as strictly for college students, it is actually poised to become the law of the land.