Category Archives: Domestic Violence

Rape Culture and the Concept of Affirmative Consent

March against rape culture

March against rape culture

Throughout most of our history, rape was a property crime.

Today we do not, in the modern United States at least, think of a woman’s sexuality as a financial asset. But that is a recent phenomenon. For most of our history, rape was not treated the same way as other violent assaults because it wasn’t just a violent assault, it was also a crime against property.

You can see this view–of a woman’s sexuality belonging to her father and later her husband–in laws concerning rape and sexual assault. It was even possible for a father to sue a man who had consensual sex with his daughter because he had lost the value of his daughter. Based on this view, value is lost in terms of her work if she became pregnant and was no longer able to earn wages, or in terms of a future wife for someone else because of this stain on her character. Men could not be held accountable for raping their wives because a wife was a man’s property and consent to sex–at any time of his choosing–was part of the arrangement.

Lest you think that these laws are ancient examples of a culture that no longer bears relation to our current policies on rape, spousal rape was not made illegal in all fifty states until 1993, where it still may carry a less severe sentence than other rape offenses. The tort of seduction was technically on the books in North Carolina in 2003.

This context is important given our current cultural attitudes toward sexual assault. To understand this culture and how it can be amended, we need to look more deeply at the historical understandings of rape and consent.


Force Means No

The framework for defining rape underpins our understanding of who is required to prove consent or non-consent. The Hebrew Scriptures, which established longstanding cultural norms that helped form a basis for what was morally and legally acceptable in early America, make a distinction between a woman who was raped within a city and one who was raped outside of the city limits. The first woman was stoned to death and the second considered blameless (assuming she was a virgin). This distinction is based on the idea that it was the woman’s responsibility to cry out for help and show that she was non-consenting. A woman who was raped in the city obviously had not screamed because if she had someone would have come to her rescue and stopped the rape. The woman outside the city had no one to rescue her so she could not be blamed for being victimized.

This brutal logic, which is completely inconsistent with how we know some victims of rape react to an attack, was continued in the American legal system when our laws on rape were formulated. Rape was defined as a having a male perpetrator and a female victim and involving sexual penetration and a lack of consent. But it was again the woman’s responsibility to prove that she had not consented and the way that this was demonstrated was through her resistance. She was only actually raped if she had attempted to fight off her attacker. Different jurisdictions required different levels of force to show a true lack of consent. For example, fighting off an assailant to your utmost ability or even up to the point where the choice was either to submit to being raped or to being killed. Indeed, the cultural significance of chastity as a virtue that the female was expected to guard was so profound that many female Christian saints are saints at least in part because they chose to die rather than be raped or be a bride to anyone but Christ.

Potential canonization aside, it was consistently the responsibility of the woman alleging that she was the victim of a rape to prove that she had fought off her attacker in order to show that she had not consented. If she could not show that she had sufficiently resisted, she was deemed to not have been raped. Her chastity was someone else’s property, either her father’s or her husband’s/future husband’s, so it was always understood that someone, other than her, had the right to her sexuality. The assailant had assumed that he had the right to use her sexually and was only a rapist if she acted in such a way that a reasonable man would have known that she did not belong to him. Her failure to communicate that fact, that she was the property of some other man, was a sign that she had in fact consented. Therefore the rape was not his moral failing in stealing another man’s property but her moral failing in not protecting that property from being stolen.


Culture Wars

We can see the effects of this ideology in how we treat rape victims today. Although we don’t necessarily require evidence of forceful resistance, it is considered helpful in prosecuting a rape case. Rape shield laws may have eliminated the most egregious examples of slut-shaming victims, but an innocent or even virginal victim is certainly what the prosecution could hope for if they were trying to design their most favorable case. One of the first questions that will be asked of the victim is “did you say no?” In other words “what did YOU do to prevent this from happening to you?” The burden is still often legally and almost always culturally on the victim to show that they did not consent.

There is an alternative approach that has been gaining traction on college campuses and elsewhere known as the concept of “affirmative consent.” Take a look at the video below, which elucidates the differences between the “no versus no” approach compared to affirmative consent, which is often described as “yes means yes.”

In this video, Susan Patton and Rush Limbaugh both represent examples of rape culture. The contrast between the views of Savannah Badlich, the advocate of affirmative consent, and Patton, who is against the idea, could not be starker. To Badlich, consent is an integral part of what makes sex, sex. If there isn’t consent then whatever happened to you, whether most people would have enjoyed it or indeed whether or not you orgasmed, was rape. It is your consent that is the foundation of a healthy sexual experience, not the types of physical actions involved. In contrast, Patton expressed the view that good sex is good sex and consent seems to not play a role in whether it was good sex, or even whether it should be defined as sex at all. The only thing that could indicate if something is an assault versus a sexual encounter is whatever physical evidence exists, because otherwise, the distinction is based only on the assertions of each individual. Again we are back to evidence of force.


What is “Rape Culture”?

Rape culture refers to a culture in which sexuality and violence are linked together and normalized. It perpetuates the idea that male sexuality is based on the use of violence against women to subdue them to take a sexual experience, as well as the idea that female sexuality is the effort to resist or invite male sexuality under certain circumstances. It overgeneralizes gender roles in sexuality, demeans men by promoting their only healthy sexuality as predatory, and also demeans women by considering them objects without any positive sexuality at all.

According to this school of thought, the “no means no” paradigm fits in perfectly with rape culture because it paints men as being predators who are constantly looking for a weak member of the herd to take advantage of sexually, while also teaching women that they need to be better than the rest of the herd at fending off attacks, by clearly saying no, to survive. If they can’t do that, because they were drinking or not wearing proper clothing, then the attack was their fault.


“Yes Means Yes”

Affirmative consent works differently. Instead of assuming that you can touch someone until they prove otherwise, an affirmative consent culture assumes that you may not touch someone until you are invited to do so. This would be a shocking idea to some who assume that gamesmanship and predation are the cornerstones of male sexuality and the perks of power, but it works out better for the majority of men and women, who would prefer and who should demand equality in sex.

This video gives a brief highlight of some of the issues that are brought up when affirmative consent is discussed and the difficulties that can still arise even with affirmative consent as a model.


Evaluating Criticism of Affirmative Consent

The arguments are important so let’s unpack some of the key ones in more detail. The first objection, expressed in both videos, is how exactly do you show consent? Whenever the affirmative consent approach comes up, one of the first arguments is that it is unenforceable because no one is going to stop sexual activity to get written consent, which is the only way to really prove that a person consented. We still end up in a “he said, she said” situation, which is exactly where we are now, or a world where the government is printing out sex contracts.

The idea that affirmative consent will by necessity lead to written contracts for sex is a logical fallacy that opponents to affirmative consent use to make the proposition seem ridiculous. Currently, we require the victim to prove non-consent. Often the victim is asked if they gave a verbal no or if they said they did not want the contact. The victim is never asked: did you put the fact that you didn’t want to be touched in writing and have your assailant read it? The idea that a written explanation of non-consent would be the only way we would take it seriously is absurd, so it would be equally absurd to assume that requiring proof of consent would necessitate written documentation. Advocates for affirmative consent don’t want sex contracts.

In addition, even under our current framework we accept a variety of pieces of evidence from the prosecution to show that the victim did not consent. A clear “no” is obviously the strongest kind of evidence, just as under an affirmative consent framework an enthusiastic verbal “yes” would be the best evidence, but that is just what the best evidence is. That is certainly not the only kind of evidence available. Courts already look at the entire context surrounding the incident to try to determine consent. The process would be virtually the same under an affirmative consent model. The only difference would be that the burden would be on the defendant to show that they believed they had obtained consent based on the context of the encounter instead of placing the burden on the victim to show that, although they didn’t say “no,” they had expressed non-verbally that they were unwilling to participate.

The shift in the burden of proof is sometimes cited as a reason not to adopt an affirmative consent model. Critics argue that this affects the presumption that the accused is innocent until proven guilty. Which is, rightly, a cornerstone of our judicial system. If this model did, in fact, change that presumption then it wouldn’t be an appropriate answer to this problem. But it does not.

Take another crime as an example. A woman’s car is stolen. The police issue a BOLO on the car, find it, and bring the suspect in and sit him down. They ask him “did you have permission to take that car?” and he replies “Yes, officer, she gave me the keys!”

He is still presumed innocent and, as far as this brief hypothetical tells us, hasn’t had his rights violated. It looks as though he is going to get a fair trial at this point. That trial may still devolve into another he said, she said situation. She may allege that she didn’t give him the keys but merely left them on the kitchen table. At that point, it will be up to the jury to decide who they believe, but that would have been the case in any event. He is presenting her giving the keys to him as one of the facts to show his innocence.

If a woman’s car is stolen we don’t question her about how many miles are on the odometer. We don’t ask if she wore a seatbelt the last time she drove it. We don’t care if she had been drinking because her alcohol consumption doesn’t negate the fact that she was a victim of a crime. We certainly wouldn’t force her to prove that she didn’t give the thief the keys. That burden would rightly be on him and we would be able to both place that burden on him and at the same time presume him to be innocent until he failed to meet that burden.

Adopting an affirmative consent model changes how consent is perceived. It is primarily a cultural change in understanding who is responsible for consent. Rather than making the non-initiating party responsible for communicating a lack of consent, affirmative consent requires that the initiating party obtains obvious consent.

That is how affirmative consent works. It wouldn’t require a written contract or even necessarily a verbal assertion. Context would always matter and the cases would still often become two competing stories about what the context meant. And it doesn’t mean that we are assuming that person is guilty before they have the chance to show that they did, in fact, get that consent. It just means that we are placing the burden of proving that consent was obtained on the party claiming that consent had been obtained.


Conclusion

There is no other category of crime where we ask the victim to show that they didn’t want to be the victim of that crime. A man who is stabbed in a bar fight, regardless of whether he was drunk or belligerent, isn’t asked to prove that he didn’t want a knife wound.

We need to change our cultural framework of rape and consent. When we are working under an affirmative consent framework what we are doing is changing the first question. Currently, our first question is for the victim: did you say no? Under an affirmative consent model our first question is for the suspect: did you get a yes?

Complete Article HERE!

Are We Wrong About Male Sexuality?

Is male sexuality inherently predatory and threatening? Are Donald Trump’s comments and Brock Turner’s behavior typical?

Is male sexuality inherently predatory and threatening? Do all guys just want to grab women’s private parts, as Donald Trump suggested? Was Brock Turner’s jail sentence of six months and registering as a sex offender too harsh for “20 minutes of action”, as his father complained?

Many people believe rape is an inevitable by-product of male sexuality because the male sex drive is impossible to control. They may even believe that sexual desire causes guys to make bad decisions. They are dangerously incorrect and we all pay the price.

The reality is that most men are quite capable of controlling their sexual urges, which is why the vast 001majority of men are not rapists. In fact, most men are not particularly interested in having many partners. Researchers consistently find approximately 15% of men in their 20s have three or more partners per year, and only about 5% of all guys have three or more partners for three straight years. On college campuses, surrounded by thousands of other unmarried people their same age with a minimal level of adult supervision, only 25% of undergraduate men say they want two or more partners in the next thirty days. Yes, males have greater desire for and greater experience with promiscuity than women, but it’s a minority of guys who are driving the differences: three-fourths of male college students aren’t interested in having multiple short-term partners and more than four-fifths of guys in their 20s aren’t being promiscuous. So much for “hookup culture.” Most men don’t desire a promiscuous sex life. If you can get a man to talk about a sexual experience he regrets, you’ll probably hear a story about a drunken hookup.

Instead of recognizing and acting on the reality, we continue to minimize guys’ ability to control their sexual desires and instead give responsibility to others. Because we think guys can’t control themselves, we give girls and women responsibility for not dressing provocatively, not “leading him on,” and proving they gave a clear – and clearly understood – no. Guys seem to have little responsibility for knowing their own limits or being decent listeners. (Not good listeners; “no” is about as simple as it gets.) “Bathroom bills” in North Carolina make transgender individuals responsible for preventing the rape of women in restrooms; why not make it illegal to falsely claim a Trans identity?

Female victims clearly pay the price, as the letter from Brock Turner’s victim demonstrates. The experience and its associated trauma are awful. Not being listened to, as in the Bill Cosby case, just makes it worse.

Victims of male-on-male sexual assault suffer many of the same outcomes, with an additional dose of shame for not being able to defend themselves. Mental health problems may be compounded by the lack of public and professional knowledge regarding male sexual assault victims, leading to less effective treatment.

002Some institutions have also paid the price of male sexual predation. They assumed rape was inevitable and then tried to act like it never happened. The Catholic Church has paid tens of millions in settlements. Football programs from Penn State to Baylor to Sayreville, NJ have paid, with reputations tarnished and jobs lost. At this level, the cost is paid not just by the perpetrators and those who covered for them, but many others who genuinely didn’t know. Some of those innocents, continuing to trust the organizations and relying on their faulty knowledge of male sexuality, lash out at the victims.

Although the cost is much smaller at the individual level, all men suffer from the notion that “men are dogs,” because any misbehavior of his reinforces that notion. Further, he is incapable of refuting the global charge because the group “men” is more likely than the group “women” to be lewd or commit any type of sexual assault. Most women date men, and when they spend time and energy trying to figure out if he’s a dog or a good guy, they’re paying the price of our misunderstanding.

We can and must do better. We can learn the facts about men’s ability and willingness to control themselves, and give credit to the majority of men for being responsible adults. We can also put responsibility on the minority of men who disgrace the whole group, and teach them how to do better.

 

Sexual assault is any sexual contact without consent

Name: Lola
Gender: Female
Age: 37
Location: Tennessee
I have been married for 13 years. We have had a pretty healthy, fulfilling sex life. My husband does not like to admit to his insecurities but i think he has some insecurity about his penis size and lately, his problem with not lasting very long. He has developed an obsession with stretching my vagina and pulling my labia. He knows I don’t like it. The other night, he introduces a dildo he has secretly purchased. I have enjoyed dildos, even larger ones, in the past, but this one was ridiculously too big. It was over 12″ long and the circumference was as big as a baseball bat. I told him that it was hurting and that it was impossible. He forced it in me. I was crying in pain and he tells me later that he hasn’t been that aroused in years. I am hurt. It hurt me physically, I bled a little, but it hurts more emotionally. What do you think is wrong with him? He has never hit me or been abusive with me, in the past.

sexual assault

Jeez darlin’, that’s fucked up…big time.

Here’s the thing about men who have sexual insecurities. They can and often do project their perceived inadequacies outside of themselves and then act out. And almost always this projection and acting out is aggressive and abusive.

I suppose you know that what we’re talkin’ about here, Lola is sexual assault, right? I mean let’s not mince words. Your husband assaulted you. It was premeditated and worst of all he took pleasure in it. This is extremely disturbing, because, despite his non-aggressive past, he has just upped the ante exponentially. You know what they say about domesticated animals that inexplicably develop an aggressive steak. Once they get a taste for blood there’s no trusting them ever again.

I think your old man has severe anger issues. Issues that if left untreated will…not maybe, but absolutely will…escalate into more aggressive and abusive behavior. Your guy needs help. He needs to know that he stands on a precipice. That he is making a cognitive and affective connection between violence and pleasure and this is very dangerous for all involved, especially you, Lola.

campus-sexual-assault

You don’t mention that he had any remorse about this assault. This too is disturbing. Because you can’t precisely pinpoint the cause of his acting out, you’ll never really know when you’re safe and when you’re not. I encourage you not to treat this lightly. Confront him about this. Make it clear to him that he has violated the bond of trust between the two of you. He may try and shift the blame for this incident to you. But remember, you’re not at fault. Insist that he seek professional help immediately. Anything short of him doing that will nullify your relationship.

No waffling on this, Lola! You do not want him to get the message that this incident can be winked at or overlooked. Your wellbeing hangs in the balance.

All unwanted, forced, manipulated, or coerced sexual contact or activity is sexual assault. Sexual assault is not about sex, eroticism or desire; it is about power, control and abuse.

Good Luck

A Poisonous Relationship

Name: Clare
Gender: Female
Age: 40
Location: St Louis
My best friend can’t bring herself to sever her ties with her ex-boyfriend. Even though their last attempted reunion ended in a very violent fight. My friend has this weird nostalgia for the relationship she had with her ex at the beginning. Back then, before he started drinking and drugging, they did have a couple of good years, but that was a long time ago. I’m very concerned for my friend. She’s often depressed and she is pulling away from her friends. I think she is seriously considering getting back with her no-good, two-timing ex. I know that my role as a friend is to love and support her, but her ex is not to be trusted. I fear as much for her safety as for her heart. What’s a friend to do?

So many things are going on here, Clare. It’s hard to know where to begin. Your friend can’t sever her ties with her ex because she doesn’t want to. Even if she wanted to end it once and for all, it’s not an easy thing to do.

Anyone who has been there will tell ya that quitin’ a bad relationship is as difficult as quitin’ booze or dope…maybe even harder. Most folks in poisonous relationships can’t extricate themselves because they are part of the toxicity. Bad relationships, like the good ones, are completely dependent on the participation of both individuals in the couple. Each one feeds off the other and each one’s bad behaviors rewards and facilitates the pathologies of the other.

crying girl

There is no such thing as a good, psychologically healthy person in a bad relationship. There may be one in the couple that is less culpable, or less abusive, or less self-destructive, but there is never one that is without blame.

Like all junkies, your friend is hooked. Her depression and withdrawal are outward signs of the pathology. Nothing is gonna change this for her until she acknowledges that she is caught in a downward spiral. Domestic violence — and we ought to label the nature of your friend’s relationship for what it is — will escalate. It always does. Will your friend get out in time? There’s no guarantee. Is there anything you can do? Well that, Clare, is a more difficult question to answer. If you do too much you are at risk of supporting her habit. Or worse, you could be co-opted into the pathological dynamic of the relationship.

The best you can do is to tell your friend how you feel about her predicament. Speak your mind in no uncertain terms. If you decide to confront your friend with an intervention, I suggest that you have some well-considered resources to hand her while you are doing so. For example, you could do some legwork and find some local domestic violence resources — a hot line, a shelter, counseling referrals and the like. Once you make this intervention and it’s over, drop it. Drop it for good. This is the hardest thing a friend has to do, but constantly badgering someone in your friend’s condition is counterproductive. If you can’t stand to witness the self-destruction, take your leave of the friendship and hope for the best.

However you play this, don’t hold your breath for a happy ending. They happen sometime, of course, but real life is so not like the movies.

Good luck

Quickies

Name: Vic
Gender:
Age: 37
Location: Hollywood
I think I have hemorrhoids can you tell me what to do and what kind of doctor I should see

You think you have hemorrhoids, but you don’t know for sure? Since you don’t include the symptoms you might be having, I really can’t help all that much.

What I can tell you is that hemorrhoids are abnormally swollen veins in your rectum and on your asshole. They’re like varicose veins you might see on a person’s legs only they’re in your butt. When bulging hemorrhoidal veins are irritated, they cause surrounding membranes to swell, burn, and itch. They can become pretty painful, and they can bleed too.

Hemorrhoids are caused by too much pressure in your rectum, forcing blood to stretch and bulge the walls of the veins, sometimes even rupturing them.

Frequent causes include:

  • Constant sitting
  • Straining with bowel movements (either from constipation or diarrhea)
  • Severe coughing
  • Heavy Lifting

What you can do to help:

  • Be sure your hole is clean after each bowel movement. Use a premoistened towelette, like baby wipes or Tucks for a thorough cleanup.
  • Avoid excessive rubbing and scratching.
  • Make sure the soap you use is scent and dye free.
  • Apply an ice pack to reduce swelling and follow this with a warm compress.
  • Take a sitz bath. Fill your bathtub with just enough warm water to cover your ass, add Epsom salts. Soak your sorry bum for about 15 minutes a couple times a day.

There are plenty of over-the-counter hemorrhoid treatments — ointments, creams, and suppositories. Give these a try, but if symptoms continue see a doctor. Any physician, including a general practitioner, will be able to diagnosis a case of hemorrhoids.

Name: Jon
Gender:
Age: 22
Location: LA
How can I make myself ejaculate harder and longer when doing masturbation?

Ever try “Edging”? This is a stop/start technique guaranteed to prolong the time it takes you to reach your climax. Grab your dick and begin to wank like usual. Only when you get near to cumming — stop stroking. After the urge to shoot subsides begin to slowly wank again. Every time you approach climax — stop the stroking. Repeat this whole ‘stop and start’ cycle for as many times as you would like. When ya finally shoot you’ll have a stronger orgasm and you’ll spew more spunk. Do an internet search for edging & masturbation, you’ll find a load of information posted by fellow edgers.

Another cool method is the “Squat ‘N Jerk”. Squat on the floor, and stretch your knees as far apart as possible. Lean against a wall if necessary. Feel the stretch in your feet, calves, thighs, taint and asshole. Begin your yank session. Try to keep your rod perpendicular to the ground as you stroke. Because of the tension in your fee, legs and butt, when you shoot you’ll be sure to get more bang for your buck. A variation on this technique is to squat on a dildo or a butt plug. ENJOY!

Name: Trev
Gender:
Age: 27
Location: Toronto
My boyfriend and I got into a fight last night and he punched me in the face. He lost his job about a month ago and since then he has been using drugs, mostly pot but sometimes speed too. When he gets depressed he gets angry and I have to stay out of his way. I’m worried about him but he won’t get help. He says he’s sorry about last night but it’s different when he is high. What can I do to help?

You could start by taking a long hard look at your own enabling behaviors. I can tell, even from this great distance, that you are a doormat. Remember, behind every abuser is an enabler. Behind every drunk and druggie there is an enabler. The fact that you are more concerned about your abusive BF welfare than your own safety tells me there is more to your unhealthy relationship than what you reveal here.

Many victims of abuse, and you are an abuse victim, Trev, believe the abuse is their fault. Regardless of how twisted your relationship may be, there is never sufficient cause for someone to punch his partner anywhere on his body, least of all in his face. Your BF has at least two major issues to deal with: a) his depression/anger/violence and b) his drug abuse. As you suggest these are related. You are neither well positioned nor well enough informed to assist him with either of his problems. In fact, as I say above, you are part of the problem.

You, on the other hand, have issues of your own that he can’t help you with, because he is part of your problem. Abusers often promise to change their behavior, and those empty promises often keep the victim from identifying the pattern of abuse in the relationship.

Anyone in a relationship that doesn’t have the emotional wherewithal to leave an abusive relationship needs help ASAP. Here’s a resource for you: The Gay Men’s Domestic Violence Project.

Good Luck