While everyone is worrying about bathrooms and tacky back-and-forths among candidates, there is something far more troubling going on and it could have a lasting effect on our lives. A handful of judges and journalists met in DC this past week to consider a measure that would have turned every sexually active person, especially boys and men, into a sex offender.
The policy, “affirmative consent”, has been temporarily shelved but will rear its ugly head soon enough.
The elite American Law Institute of Federal and State appellate judges, considered an amendment to the Modern Penal Code requiring an affirmative consent for sexual assault. It was submitted by NYU law professor Stephen Shulhofer and Erin Murphy.
It would have served as a basis for legal statutes in most states.
It defined sexual consent as “communicated willingness” to engage in a specific act. Lack of physical or verbal resistance wouldn’t be sufficient. It would apply to any physical act such as taking a person’s hand on a date.
This isn’t how people engage in sexual contact in the US. People prefer subtleties out of shyness or a desire to be spontaneous but this rule seeks to tell us how we will engage in such contact.
Schulhofer told The Washington Examiner last year that it is necessary because it protects a woman if a man penetrates her with a finger while she is passed out.
That’s actually not true. People have been convicted of rape in these cases.
Extreme examples like this are being used to criminalize far more routine encounters.
Worse than that, it changes the law to a presumption of guilt. A person is no longer innocent until proven guilty.
It also establishes an unrealistic standard for sexual behavior. Any sexual encounter could be labeled an assault.
While this was turned down, another requiring a defendant in a sexual assault case to prove he “reasonably believed that the complainant would welcome the act” will be discussed again. How do you prove that? Again, it’s the presumption of guilt.
More states and colleges are moving to “affirmative consent” under the guidance of the Obama administration and it will have a profound effect on our lives.
How much do we want BIG GOVERNMENT in the bedroom.
The statists among us want to tell us how to live, what to eat and drink and how much, how to heat our homes, determine what we can say, how we defend ourselves, what we can and cannot inhale, and now they want to tell us how to initiate sexual/romantic encounters.