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The Vulnerable Group Sex Ed Completely Ignores & Why That’s So Dangerous

By Hallie Levine

When Katie, 36, was identified as having an intellectual disability as a young child after scoring below 70 on an IQ test, her parents were told that she would never learn to read and would spend her days in a sheltered workshop. Today she is a single mum to an 8-year-old son, drives a car, and works at a local restaurant as a waitress. She blasted through society’s expectations of her — including the expectation that she would never have sex.

sex-edKatie never had a formal sexual education: What she learned came straight from her legal guardian, Pam, who explained to her the importance of safe sex and waiting until she was ready. “I waited until I was 19, which is a lot later than some of my friends,” Katie says. Still, like many women with disabilities, she admits to being pressured into sex her first time, something she regrets. “I don’t think I was ready,” she says. “It actually was with someone who wasn’t my boyfriend. He was cute, and he wanted to have sex, so I said I wanted it, but at the last minute I changed my mind and it happened anyway. I just felt really stupid and uncomfortable afterwards.” She never told her boyfriend what happened.

Katie’s experience is certainly not unique: In the general population, one out of six women has survived a rape or attempted rape, according to statistics from RAINN. But for women with intellectual disabilities (ID), it’s even more sobering: About 25% of females with ID referred for birth control had a history of sexual violence, while other research suggests that almost half of people with ID will experience at least 10 sexually abusive incidents in their lifetime, according to The Arc, an advocacy organisation for people with intellectual disabilities.

When it comes to their sex lives, research shows many women with intellectual disability don’t associate sex with pleasure, and tend to play a passive role, more directed to “pleasuring the penis of their sex partner” than their own enjoyment, according to a 2015 study published in the Journal of Sex Research. They’re more likely to experience feelings of depression and guilt after sex. They’re at a greater risk for early sexual activity and early pregnancy. They’re also more likely to get an STD: 26% of cognitively impaired female high schoolers report having one, compared to 10% of their typical peers, according to a study published in the Journal of Adolescent Health.

Katie, for example, contracted herpes in her early 20s, from having sex with another man (she says none of her partners have had an intellectual disability). “I was hurt and itching down there, so I went to the doctor, who told me I had this bad disease,” she recalls. She was so upset she confronted her partner: “I went to his office crying, but he denied everything,” she remembers.

Given all of this, you’d think public schools — which are in charge of educating kids with intellectual disability — would be making sure it’s part of every child’s curriculum. But paradoxically, kids with ID are often excluded from sexual education classes, including STD and pregnancy prevention. “People with intellectual disabilities don’t get sexual education,” says Julie Ann Petty, a safety and sexual violence educator at the University of Arkansas. Petty, who has cerebral palsy herself, has worked extensively with adults who have intellectual disabilities (while not all people living with cerebral palsy have intellectual disabilities, they face many of the same barriers to sexual education). “This [lack of education] is due to the central norms we still have when thinking about people with ID: They need to be protected; they are not sexual beings; they don’t need any sex-related information. Disability rights advocates have worked hard over the last 20-some years to get rid of those stereotypes, but they are still out there.

“I work with adults with disabilities all the time, and the attitudes of the caretakers and staff around them are, ‘Oh, our people do not do that stuff. Our people do not think about sex,’” Petty says. “It’s tragic, and really sets this vulnerable population up for abuse: if they don’t have knowledge about their private body parts, for example, how are they going to know if someone is doing something inappropriate?”

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Historically, individuals with intellectual disabilities were marginalised, shunted off to institutions, and forcibly sterilised. That all began to change in the 1950s and 1960s, with the push by parents and civil rights advocates to keep kids with ID at home and mainstream them into regular education environments. But while significant progress has been made over the last half century in terms of increased educational and employment opportunities, when it comes to sex ed, disability rights advocates say we’re still far, far behind.

“What I find is shocking is I’ll go in to teach a workshop on human sexuality to a group of teenagers or young adults with cognitive disabilities, and I find that their knowledge is no different than what [young people with ID would have known] back in the 1970s,” says Katherine McLaughlin, who has worked as a sexuality educator and trainer for Planned Parenthood of Northern New England for over 20 years and is the co-author of the curriculum guide “Sexuality Education for Adults with Developmental Disabilities.” “They tell me they were taken out of their mainstream health classes in junior high and high school during the sexual education part, because their teachers don’t think they need it. I’ve worked with adults in their 50s who have no idea how babies are made. It’s mind blowing.”

“There’s this belief that they don’t need it, or that they won’t understand it, or it will actually make them more likely to be sexually active or act inappropriately,” adds Pam Malin, VAWA Project Coordinator, Disability Rights Wisconsin. “But research shows that actually the opposite is true.”

Indeed, as the mother of a young girl with Down syndrome, I’m personally struck by how asexualised people with intellectual disabilities still are. Case in point: When fashion model Madeline Stuart — who has Down syndrome — posted pictures of herself online in a bikini, the Internet exploded with commentary, some positive, some negative. “I think it is time people realised that people with Down syndrome can be sexy and beautiful and should be celebrated,” Madeline’s mother, Roseanne, told ABC News. Yet somehow, it’s still scandalous.

Ironically, sometimes the biggest barrier comes from parents of people with ID — which hits close to home for me. “A lot of parents still treat their kids’ sexuality as taboo,” says Malin. She recalls one situation where a mom in one of her parent support groups got attacked by other parents: “She was very open about masturbation with her adolescent son, and actually left a pail on his doorknob so he could masturbate in a sock and then put it in the pail — she’d wash it with no questions asked. I applauded it: I thought it was an excellent way to give her son some freedom and choice around his sexuality. But it made the other parents incredibly uncomfortable.”

Sometimes, parents are simply not comfortable talking about sexuality, because they don’t know how to start the conversation, adds Malin. Several studies have also found that both staff and family generally encourage friendship, not sexual relationships. “It’s a lot of denial: The parents don’t want to admit that their children are maturing emotionally and developing adult feelings,” says Malin. An Australian study published in the journal Sexuality & Disability found that couples with intellectual disability were simply never left alone, and thus never allowed to engage in sexual behaviour.

I’m doing my best — but despite all my good intentions, it’s certainly not been easy. This fall, I sat down to tell my three small children about the birds and the bees. My two boys — in second grade and kindergarten — got into the conversation right away, and as we began talking I realised it wasn’t a surprise to them; at a young age, they’d already picked up some of the basic facts from playmates. But my daughter, my eldest, was a whole different story. Jo Jo is in third grade and has Down syndrome, so she’s delayed, both with language and cognition. And because of her ID, and all the risk that goes along with it, she was the kid I was most worried about. So it was disheartening to see her complete lack of interest in the conversation, wandering off to her iPad or turning on the radio. Every time I would try to coax her back to our little group, she would shout, “No!”

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Lisa Shevin, whose 30-year-old daughter, Chani, has Down syndrome, says she’s never had a heart-to-heart with her daughter about sexuality. “The problem is, Chani’s not very verbal, so I’m never quite sure what she grasps,” says Shevin, who lives in Oak Park, a suburb of Detroit. While Chani has a “beau” at work, another young man who also has an intellectual disability, “They’re never, ever left alone, so they never have an opportunity to follow through on anything,” says Shevin. “I feel so frustrated as her mother, because I want to talk to her about sex ed, but I just don’t know how. I’ve never gotten any guidance from anyone. But just because my daughter is cognitively impaired, it doesn’t mean she doesn’t have the same hormones as any other woman her age. You can’t just sweep it under the rug and assume she doesn’t understand.”

In one interesting twist, sex educators say they tend to see more women with intellectual disability than men being sexually aggressive. “I worked with a young woman in her late 20s who would develop crushes on attractive male staff members at her group home,” recalls Malin. “She would try to flirt, and the guys would play it off as ‘hah hah funny,’ but eventually she called police and accused one of them of rape.” While the police investigated and eventually dropped charges, Malin was brought in to work with her: “We had a long conversation about where this had come from, and she kept talking about Beau and Hope from ‘Days of Our Lives’,” Malin recalls. “It turned out she had gotten so assertive with one of the male staff that he’d very adamantly said no to her, but her understanding of rape boiled down to gleaning bits from soap operas, and she thought that if a man in any situation acted forcefully with a woman then it was sexual assault.”

While most cases don’t escalate to this point, sometimes people with intellectual disability can exhibit behavior that causes problems: Chani, for example, was kicked out of sleep-away camp a few years ago after staff complained that she was hugging too many of her male counsellors. “She’d develop little crushes on them, and she never tried anything further than putting her arms around them and wanting to hang out with them all the time, but it made staff uncomfortable,” Shevin recalls. Chani’s since found a new camp where counsellors take her behaviour in stride: “They’ve found a way to work with it, so if she doesn’t want to do an activity, they’ll convince her by telling her afterwards she can spend time with Noah, one of the male counsellors she has a crush on,” says Shevin. (At the end of the summer, Noah gave Chani a tiara, which remains one of her prize possessions.)

So what can be done? Sadly, even if someone with ID is able to get into a sexual education program, the existing options tend to severely miss the mark: A 2015 study published in the Journal for Sex Research analysed 20 articles on sexual education programs aimed at this group and found most fell far short, mainly because people who unable to generalise what they learned in the program to an outside setting. “This is a major problem for individuals who are cognitively challenged: They have difficulty applying a skill or knowledge they get in one setting to somewhere else,” explains McLaughlin. “But just like everywhere else, most get it eventually — it just takes a lot of time, repetition, and patience.”

In the meantime, for parents like me, McLaughlin has a few tips. “Take advantage of teachable moments,” she says. “If a family member is pregnant, talk about it with them. If you’re watching a TV show together and there’s sexual content, don’t just sweep it under the rug — try to break down the issues with them.” It’s also important to be as concrete as possible: “Since people with ID have trouble generalising, use anatomically correct dolls or photographs whenever possible, especially when describing body parts,” she says.

Some local disability organisations also offer workshops for both teenagers and adults with intellectual disabilities. And the Special Olympics offers protective behaviours training for volunteers. But at this point there’s a dearth of legislation and organisations that are fighting for better sexual education, which means parents like myself have to take the initiative when it comes to educating our kids about their burgeoning sexuality.

It’s a responsibility I’m taking to heart in my own life. Now, every night when I bathe my daughter, we make a game of identifying body parts, some of which are private, and I explain to her that no one touches those areas except for mommy or a doctor. Recently, she’s started humping objects at home like the arm of the sofa, and I’ve begun explaining to her that if she wants to do something like that, it needs to be in the privacy of her own room. It’s taken a lot of repeating and reinforcing, but she seems to be getting the message. I have no doubt that — like every other skill she’s mastered, such as reading or writing her name or potty training — it will take time, but she’ll get there.

As for Katie, with age and experience, she’s become more comfortable with her sexuality. “It took me a while, but I’m confident in myself,” she says. “I am one hundred percent okay saying no to someone — if I’m pressured, there’s no way in the world now I’ll do anything with anybody. But that means when it does happen, it feels right.”

Complete Article HERE!

Post-Orgasmic Goading

Q:

When pleasuring another dude’s cock, when should I stop riding/sucking/stroking after he’s cum? I know how sensitive my cock gets after cumming, but I also feel like some of the sweetest and most intimate moments can be what I do with his cock as it subsides and softens, not to mention that there can still be intense, intense pleasure in those early post-cum moments.
Go for it, while adapting to his needs!

ERECT PENIS

I agree with you that the sweetest and most intense pleasurable sensations can be had soon after ejaculation. I personally call this post-ejaculatory penile massage post-orgasmic goading (but that’s a personal terminology as I’ve never seen an official terminology for this) because this deliberate teasing is done at a time where we all know the penis to be extremely sensitive.

Post-orgasmic goading is not something we men tend to do instinctively for ourselves, as a consequence of the additive impact of three phenomena happening quickly after ejaculation:

  1. The powerful and overwhelming sensation of fatigue that numbs us after ejaculation
  2. The almost instantaneous disappearance of all interest for sex that follows ejaculation
  3. The excruciating sensitiveness of the penis — of the glans in particular — following ejaculation

Acting synergistically, these phenomena trained us very early into avoiding any stimulation to our penis after ejaculation. In fact, this is something most of us were driven to understand only a few weeks after our first ejaculation. As a result, most men will have little to no experience with (and, for some, even the knowledge of) the powerful sensations that can be squeezed out from the penis after ejaculation.

Does that mean that post-orgasmic goading should be avoided? Not at all: on the contrary, it should be encouraged.

What it means however, is that you have to be mindful when initially introducing a partner to post-orgasmic masturbation.

  • Begin by announcing your intent. I don’t mean writing down a contract in triplicates, but after the guy has cum and you continue to masturbate him, tell him that you do. Something like “seeing you cum was wonderful, I want to see you squirm and hear you moan longer”. Eventually, you won’t need to ask his permission to go on with the post-orgasmic goading, but at first you’ll need to, so that your partner doesn’t feel apprehensive. Indeed, when unexpected, post-orgasmic goading will bring forth a feeling of loss of control (and it is, to a point). And most men don’t live well with that feeling, as it is not part of the male psyche.
  • Be clear that you’ll stop if he asks to, and indeed stop when he does asks you to… but with a slight delay. The delay is important as the intensity of the caresses are very likely to make him utter you to stop way too soon. So you should playfully continue a bit longer, yet without going overboard so that he’ll know that you can be trusted. At first, you might not continue for long after ejaculation, but as he learns both that you can be trusted and to let go, you’ll be able to give him long minutes of quasi-orgasmic pleasures…
  • Finally, be considerate. While you can continue to caress the shaft with a relatively strong grip (yet toned down compared to how you held his cock as you sent him through orgasm), you must handle the glans with extreme care. Using his semen(1) as lube, rub the glans slightly and delicately with your fingertips. You’re better off beginning too delicately than the other way around because if you begin the cockhead’s caresses too harshly, it will hurt and that will be the end of it. To evaluate your accomplishment, watch his abs for sudden contractions, watch his shoulders dance around, watch his head moving back and forth, watch also for his hand(s) that may attempt to grip you (surprisingly) strongly in an attempt to immobilize you. Listen to his moans also. Embolden him to move and moan…
  • When introducing a man to post-orgasmic goading, one has to be initially very mindful and open to the needs of the other. When done correctly, it opens a new world of sensations and it is totally fun and addictive(2) ! After some time, you’ll be able to make him dance, squirm and whimper for a surprisingly long time. He will even be looking for it.

While semen is a hassle to deal with after ejaculation, we all like to be reminded that we ejaculated and how much we came. Playing with our semen and smearing it all over helps drive the point that we came and helps us registering that we impregnated the world with our DNA. It makes us feel manly. It’s important to fool around with cum, and doing so won’t change the fact that a clean up is needed after orgasm.

This article is written with a partner in mind as this is the question, but the same applies to you too. Every man should use post-orgasmic goading on their own cock. The same careful and delicate approach applies, especially since it is so difficult to persevere at first, as the glans’ exquisite sensitivity tends to make us spineless. Yet, going against the post orgasmic fatigue and the transient disinterest in sex, on one side, and learning to exploit instead of steering clear from the penis’ post orgasmic sensitiveness, on the other side, allows us to milk even more pleasure from our penis. Something no one can be averse to, right? As it goes so much against our instinctual behavior however, it has to be learned and practiced. Practice makes perfect, though. So practice my lad, practice !

Bad sex award 2016: the contenders in quotes

Games of tennis, muddy fields, knocking knees – it’s time to get intimate with the challengers for the Literary Review’s 2016 Bad sex in fiction prize

 ‘I slide my hands down his back, all along his spine, rutted with bone like mud ridges in a dry field, to the audacious swell below.’

‘I slide my hands down his back, all along his spine, rutted with bone like mud ridges in a dry field, to the audacious swell below.’

A Doubter’s Almanac by Ethan Canin

The act itself was fervent. Like a brisk tennis game or a summer track meet, something performed in daylight between competitors. The cheap mattress bounced. She liked to do it more than once, and he was usually able to comply. Bourbon was his gasoline. Between sessions, he poured it at the counter while she lay panting on the sheets. Sweat burnished her body. The lean neck. The surprisingly full breasts. He would down another glass and return.

The Tobacconist by Robert Seethaler

He closed his eyes and heard himself make a gurgling sound. And as his trousers slipped down his legs all the burdens of his life to date seemed to fall away from him; he tipped back his head and faced up into the darkness beneath the ceiling, and for one blessed moment he felt as if he could understand the things of this world in all their immeasurable beauty. How strange they are, he thought, life and all of these things. Then he felt Anezka slide down before him to the floor, felt her hands grab his naked buttocks and draw him to her. “Come, sonny boy!” he heard her whisper, and with a smile he let go.

Men Like Air by Tom Connolly

The walkway to the terminal was all carpet, no oxygen. Dilly bundled Finn into the first restroom on offer, locked the cubicle door and pulled at his leather belt. “You’re beautiful,” she told him, going down on to her haunches and unzipping him. He watched her passport rise gradually out of the back pocket of her jeans in time with the rhythmic bobbing of her buttocks as she sucked him. He arched over her back and took hold of the passport before it landed on the pimpled floor. Despite the immediate circumstances, human nature obliged him to take a look at her passport photo.

The Butcher’s Hook by Janet Ellis

When his hand goes to my breasts, my feet are envious. I slide my hands down his back, all along his spine, rutted with bone like mud ridges in a dry field, to the audacious swell below. His finger is inside me, his thumb circling, and I spill like grain from a bucket. He is panting, still running his race. I laugh at the incongruous size of him, sticking to his stomach and escaping from the springing hair below.

Leave Me by Gayle Forman

Once they were in that room, Jason had slammed the door and devoured her with his mouth, his hands, which were everywhere. As if he were ravenous.

And she remembered standing in front of him, her dress a puddle on the floor, and how she’d started to shake, her knees knocking together, like she was a virgin, like this was the first time. Because had she allowed herself to hope, this was what she would’ve hoped for. And now here it was. And that was terrifying.

Jason had taken her hand and placed it over his bare chest, to his heart, which was pounding wildly, in tandem with hers. She’d thought he was just excited, turned on.

It had not occurred to her that he might be terrified, too.

The Day Before Happiness by Erri De Luca

She pushed on my hips, an order that thrust me in. I entered her. Not only my prick, but the whole of me entered her, into her guts, into her darkness, eyes wide open, seeing nothing. My whole body had gone inside her. I went in with her thrusts and stayed still. While I got used to the quiet and the pulsing of my blood in my ears and nose, she pushed me out a little, then in again. She did it again and again, holding me with force and moving me to the rhythm of the surf. She wiggled her breasts beneath my hands and intensified the pushing. I went in up to my groin and came out almost entirely. My body was her gearstick.

Complete Article HERE!

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!

What I Need My Daughter To Know About Consent, Even Though It’s Difficult To Talk About

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The job of raising children entails a comprehensive, albeit exhausting, list of responsibilities. The duty is a privilege but the pressure to “get it right” weighs heavily on me, particularly when it comes to sex. Considering my own salty experiences, consent isn’t just an important topic, it’s the most important topic — with both my daughter and my son. While I try to remain an open book, there are things I haven’t been teaching when I talk about consent, especially with my daughter and mostly because I’ve been afraid of getting “too deep” into the subject of sex. However, and arguably now more than ever, I need to “dig deep” and have these important conversations.

The first time I had sex I was a junior in high school, and while there was consent I had a few traumatizing experiences years prior that, to this day, I’m not completely “over.” With divorced parents in and out of relationships and my life completely devoid of comprehensive sex education or much, you know, “notice,” it took the whole “live and learn” motto to to an extreme and simply tried to understand sex, sexuality and consent as best I could.

My daughter must, and I mean must, realize how difficult it is, so it doesn’t come as a surprise to her when and/or if she is faced with a decision and the need to protect her voice and her body.

I’d never been taught much about consent or that it’s my right to decide what happens (or doesn’t happen) to my body. I grew up within the bounds of massive chaos that didn’t allow me to decide, even if I had known. Sexualized at a tender age due to a body that matured early, I’d become used to catcalls and looks from strange men. Eventually, I was assaulted by people I trusted; once on a basement floor and a second time in a parking garage. Both events changed me in ways I could never see coming, especially as a parent and partner.

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I didn’t tell anyone about either of the incidents. I felt ashamed and thought no one would believe me. If they had, I surmised I’d hear things like, “You asked for it,” or, “I thought you liked him,” all of which would’ve only added to the discomfort I already felt in my skin. Rape culture is a powerful thread, woven deep into the fibers of society. As women, it erases our beliefs that we are worthy, we can say no, and, more importantly, we can change our mind if we’d said yes.

For this reason, and many others, I started talking to my children early on about consent and why it’s so important. By telling them they don’t have to hug someone goodbye if they don’t want to, and setting personal boundaries within our bodies and others, I laid a foundation (I hope) that will aid them both and especially my daughter if they’re faced with similar circumstances later on. I want my daughter to know, her body, her rules and that her voice matters.

One thing I didn’t know then, was that my silence was not consent.

When I think back to those times I went through after the assaults, I’m saddened. Not only did they morph the way I felt about sex from then on, they changed my views on relationships in general. I don’t mean for it to affect my every move, but it does. Having your body taken advantage of changes a person. I certainly don’t want my daughter (or son) to ever feel this way so I’ll do whatever I can to protect them or, at the very least, empower them through both my experiences and words.

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That means not only teaching my them both about consent, but explaining to my daughter how difficult it can be to withhold consent when you feel uncomfortable. The pressure to make people especially men happy when you’re a woman is unfathomable to those who do not experience it. So many women (and men) stay silent, for fear they will be judged or ridiculed or put in a physically unsafe situation. My daughter must, and I mean must, realize how difficult it is, so it doesn’t come as a surprise to her when and/or if she is faced with a decision and the need to protect her voice and her body.

With the way society sexualizes women, it’s easy to feel powerless in any sexual situation.

One thing I didn’t know then, was that my silence was not consent. I thought by not agreeing or disagreeing, everything was OK, no matter how much I screamed inside of my head. This is so wrong. I’ve taught my daughter this and hope she utilizes the knowledge she’s in control of her body.

With the way society sexualizes women, it’s easy to feel powerless in any sexual situation. Now that these talks are more prevalent (thanks to an uprising in news stories), the one thing we’re not teaching out daughters when we talk about consent is that very right to change her mind whenever she so chooses, no matter how difficult or embarrassing it may be. If I teach her nothing else, I hope this embeds in her subconscious. It could mean the all difference in the world.

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Parenting has challenged me every single day since my early days of pregnancy and I’m beyond grateful for those difficulties. In the end, they’ve helped me evolve in ways I otherwise wouldn’t have, and have opened my eyes to all the things I didn’t know when I was a child that I now fight to know for my own children.

When I look into my daughter’s eyes, I’m fully aware of the gravity consent brings. I want her to know all her options before she’s in a situation she can’t get out of. I want her to know how difficult and uncomfortable it can be to exercise any of those options, because peer pressure is powerful and social expectations are palpable. She can say yes, she can say no, and she can damn well change her mind whenever she damn well pleases.

Her body, her terms. The end.

Complete Article HERE!