Girls from low-income families in the U.S. are unprepared for puberty and have largely negative experiences of this transition, according to researchers at Columbia University’s Mailman School of Public Health and the Johns Hopkins Bloomberg School of Public Health. Their latest paper on the puberty experiences of African-American, Caucasian, and Hispanic girls living mostly in urban areas of the Northeastern U.S. shows that the majority of low-income girls feel they lack the information and readiness to cope with the onset of menstruation. The research is one of the first comprehensive systematic reviews of the literature on puberty experiences of low-income girls in the U.S.
The findings are published online in the Journal of Adolescent Health.
“Puberty is the cornerstone of reproductive development,” said Marni Sommer, DrPH, MSN, RN, associate professor of Sociomedical Sciences at the Mailman School of Public Health. “Therefore, the transition through puberty is a critical period of development that provides an important opportunity to build a healthy foundation for sexual and reproductive health. Given the importance of this transition, the research is striking in its lack of quantity and quality to date.”
The investigators used Qualitative Research guidelines to review the data from peer-reviewed articles with a qualitative study design published between 2000 and 2014. They used a quality assessment form as a further check of the data.
The age of breast development and menarche has declined steadily in the U.S. during the last 25 years, with 48 percent of African-American girls experiencing signs of physical development by age 8. “This trend may mean that increasing numbers of African-American girls are not receiving adequately timed puberty education¬, leaving them uninformed and ill-prepared for this transition,” said Ann Herbert, doctoral candidate at the Bloomberg School of Public Health.
Although many of the girls reported being exposed to puberty topics from at least one source—mothers, sisters, or teachers—most felt that the information was inaccurate, insufficient, or provided too late. Girls also reported being disappointed in the information they received from mothers; meanwhile many mothers said they were unable to fully address their daughters’ needs. Mothers were uncertain about the right time to initiate conversations, uncomfortable with the topic, and uninformed about the physiology of menstruation. The timing of puberty also influenced girls’ puberty experiences.
The researchers noted that despite a strong focus on adolescent sexual health outcomes, such as sexually transmitted infections and teen pregnancy, clinicians and public health practitioners in the U.S. have yet to capitalize on the issues of puberty onset and menstruation as a window of opportunity to improve adolescent sexual and reproductive health. In addition, the current body of research leaves out many topics entirely. “For example, missing are the voices of adolescents with non-conforming gender role and sexual orientation,” Herbert said.
Earlier research showed that irrespective of race, higher-income girls had more knowledge about puberty, were more prepared for menarche, and had more positive attitudes about menstruation, strongly suggesting socioeconomic disparities related to preparation for puberty.
“Findings from the current review suggest that low-income girls today expressed a sentiment similar to girls studied in the 1980s and 1990s—a feeling that they were largely unprepared for puberty and menarche,” noted Herbert.
“Our review makes it clear that there is a need for new more robust interventions to support and provide information about puberty for low-income girls, something we are considering for the coming years,” said Sommer.
“My most memorable Tinder date?” Kate Iselin gestures as if to say get ready. “It was a gentleman who invited me to lunch, took me to the food court at Martin Place and showed me a photo of his penis. Soft.”
It’s not the fondest memory Iselin – a writer and former sex worker – has of her experiences on the app. But the negative and the bizarre do have a tendency to stick with you.
Horror stories aside, Iselin, 28, is overwhelmingly positive about the impact apps like Tinder have had on the contemporary dating experience. And she’s not alone.
Despite a steady stream of articles about Tinder “killing romance”, making people depressed, or putting them in danger, the app and others like it are as popular as ever (even if some users are loathe to admit it).
Iselin herself has recently returned to 30 Dates of Tinder, a blogging project she’d abandoned a year ago due to “personal stuff” including a relationship. The concept is fairly self-explanatory: she goes on 30 random dates, and writes about them. Now halfway through, she’s accepted every date request received – “provided the date location was safe and they didn’t seem like a closet serial killer,” she says.
Clearly, there’s an appetite for reading stories about Tinder – and part of that is a fascination with what can happen when virtual strangers attempt to light a flame.
But as dating via Tinder increasingly becomes the norm, it’s less about the novelty of using a phone app to date people off the internet. Four years since Tinder launched, Iselin says she’s returning to her project with “a slightly more serious goal”. It’s now more about answering an age-old question than exploring a curious new technology: “To prove that love exists.”
Of course, the proof is already out there among the growing number of successful, lasting relationships launched via Tinder or its myriad competitors. These apps aren’t just facilitating one-night stands. People are finding lasting love in such significant numbers it is no longer considered “weird” to have a partner found online.
Fairfax Media columnist Giselle Au-Nhien Nguyen has met almost all of the people she’s dated, in her 28 years, online. Whereas five to 10 years ago there was a stigma attached to meeting people via the internet, it is now “completely normalised” among Gen-Y.
“Most people I know in relationships that have started in the last few years have met their significant others on Tinder,” she says.
Eliza Berlage, 26, met her boyfriend of 10 months on Tinder. She says it’s really a numbers game. “You could go to so many bars, libraries, music festivals, house parties, and still have as much luck … just swiping it lucky and giving it a chance and seeing how it goes.”
With numbers comes choice. And according to Iselin, it’s the choice these apps offer that makes them truly revolutionary – especially for women, minorities, and people whose preferences lie outside the norm.
Although there are some who feel nostalgic for the pre-Tinder dating scene, Iselin reckons women have never had it better; and she doesn’t see us ever going back.
“I know a lot of people say, ‘I would never use Tinder because I want to meet the love of my life the old-fashioned way’. But when we talk about old-fashioned times, we’re talking about a time when women in particular did not have a lot of choice in meeting partners.”
The same goes for people who may be otherwise constrained from exploring their sexuality ‘the old-fashioned way’, says Senthorun Raj, Grindr enthusiast and academic in law and gender studies.
“For people who are busy, those who have social, mental, or physical mobility issues, or individuals who are worried about ‘outing’ their sexual or gender identity in public spaces, dating apps can be a more comfortable way to chat, socialise, and become intimate than meeting people at clubs or bars,” he says. “For same-sex-attracted and gender-non-conforming people especially, these apps can be lifelines to connect with others dealing with similar experiences.”
What’s more, they have the ability to make connections “with people who we would never encounter in the places or circles we normally frequent,” he adds.
Of course, it’s not all rainbows, love-hearts and wink emojis for women, racial minorities or LGBT people. Prejudice and harassment is a real issue – but Raj says it would be a mistake to suggest apps like Grindr and Tinder have unleashed it.
“While Grindr does not cause these stereotypes, apps do make it easier in some ways to express harmful racial, age, and other ‘preferences’ because of anonymity or because the lack of ‘in-person’ interaction makes you feel like what you say or do online is … subject to less critical scrutiny.”
Nguyen says rape threats and racist, sexist comments are things she’s personally had to deal with just as much offline as on dating apps and social media.
“There’s such a big moral panic when it comes to online dating and safety, and it’s valid but we also need to remember that women face this everywhere. It really comes down to better education in schools about consent and respectful connections, and also the apps ensuring that they take reports of violence seriously.”
Sex and relationships expert Cyndi Darnell agrees that while mobile dating apps have revolutionised the sexual choices available and the ease with which users can access them, ultimately better education is needed to improve the human interaction side of things.
“We’re still operating on a very, very, very limited consent framework in terms of discussions around sex and pleasure … and yet our technology is far more advanced than that,” she says.
“There’s no app for getting over awkwardness. There’s no app for managing sexual anxiety. That’s the thing we need to remember: just because there is more access to sex, it doesn’t mean the quality of the sex has improved. We mustn’t confuse quantity with quality.”
Then again, there’s quality to be found – especially if you’re willing to put in the effort. “I’ve been on excellent dates and I have friends who’ve ended up in the most magical relationships,” says Iselin, who’s confident she’ll achieve her goal in one way or another by the end of her 30 dates.
“We are the generation now going to Tinder weddings. There are Tinder babies. I think that’s really exciting, and that gives me faith.”
Listerine’s maker has long made the claim, and new Australian research seems to confirm it
by Robert Preidt
A commercial brand of mouthwash can help control gonorrhea bacteria in the mouth, and daily use may offer a cheap and easy way to reduce the spread of the sexually transmitted disease, a small study from Australia contends.
Gonorrhea rates among men are on the rise in many countries due to declining condom use, and most cases occur in gay/bisexual men, researchers said.
The maker of Listerine mouthwash has claimed as far back as 1879 that it could be used against gonorrhea, though no published research has ever proved it.
In laboratory tests, the authors of this new study found that Listerine Cool Mint and Total Care (which are both 21.6 percent alcohol) significantly reduced levels of gonorrhea bacteria. A salt water (saline) solution did not.
The researchers then conducted a clinical trial with 58 gay/bisexual men who previously tested positive for gonorrhea in their mouths/throats. The men were randomly assigned to rinse and gargle for one minute with either Listerine or a salt solution.
After doing so, the amount of viable gonorrhea in the throat was 52 percent in the Listerine group and 84 percent among those who used the salt solution. Five minutes later, men in the Listerine group were 80 percent less likely to test positive for gonorrhea in the throat than those in the salt solution group.
The study was published online Dec. 20 in the journal Sexually Transmitted Diseases.
The monitoring period after gargling was short, so it’s possible the effects of Listerine might be short-term, but the lab findings suggest otherwise, according to the researchers.
A larger study is underway to confirm these preliminary findings.
“If daily use of mouthwash was shown to reduce the duration of untreated infection and/or reduce the probability of acquisition of [gonorrhea], then this readily available, condom-less, and low-cost intervention may have very significant public health implications in the control of gonorrhea in [men who have sex with men],” Eric Chow and colleagues at the Melbourne Sexual Health Center wrote in the study. Chow is a research fellow at the center.
Gonorrhea, which is common in young adults, is spread by vaginal, oral or anal sex with an infected partner. It often has mild symptoms or none at all. If left untreated, it can cause problems with the prostate and testicles in men. In women, it can lead to pelvic inflammatory disease, which causes infertility and problems with pregnancy, according to the U.S. National Institutes of Health.
It’s not always clear if a woman is really having an orgasm, as Meg Ryan demonstrated in When Harry Met Sally.
In the nascent field of orgasm research, much of the data relies on subjects self-reporting, and in men, there’s some pretty clear physiological feedback in the form of ejaculation.
But how do women know for sure if they are climaxing? What if the sensation they have associated with climax is actually one of the the early foothills of arousal? And how does a woman know when if she has had an orgasm?
Neuroscientist Dr Nicole Prause set out to answer these questions by studying orgasms in her private laboratory. Through better understanding of what happens in the body and the brain during arousal and orgasm, she hopes to develop devices that can increase sex drive without the need for drugs.
Understanding orgasm begins with a butt plug. Prause uses the pressure-sensitive anal gauge to detect the contractions typically associated with orgasm in both men and women. Combined with EEG, which measures brain activity, this allows for a more accurate picture of a woman’s arousal and orgasm.
Dr Nicole Prause has founded Liberos to study brain stimulation and desire.
When Prause began studying women in this way she noticed something surprising. “Many of the women who reported having an orgasm were not having any of the physical signs – the contractions – of an orgasm.”
It’s not clear why that is, but it is clear that we don’t know an awful lot about orgasms and sexuality. “We don’t think they are faking,” she said. “My sense is that some women don’t know what an orgasm is. There are lots of pleasure peaks that happen during intercourse. If you haven’t had contractions you may not know there’s something different.”
Prause, an ultramarathon runner and keen motorcyclist in her free time, started her career at the Kinsey Institute in Indiana, where she was awarded a doctorate in 2007. Studying the sexual effects of a menopause drug, she first became aware of the prejudice against the scientific study of sexuality in the US.
When her high-profile research examining porn “addiction” found the condition didn’t fit the same neurological patterns as nicotine, cocaine or gambling, it was an unpopular conclusion among people who believe they do have a porn addiction.
The evolution of design of the anal pressure gauge used in Nicole Prause’s lab to detect orgasmic contractions.
“People started posting stories online that I had falsified my data and I received all kinds of sexist attacks,” she said. Soon anonymous emails of complaint were turning up at the office of the president of UCLA, where she worked from 2012 to 2014, demanding that Prause be fired.
Does orgasm benefit mental health?
Prause pushed on with her research, but repeatedly came up against challenges when seeking approval for studies involving orgasms. “I tried to do a study of orgasms while at UCLA to pilot a depression intervention. UCLA rejected it after a seven-month review,” she said. The ethics board told her that to proceed, she would need to remove the orgasm component – rendering the study pointless.
Undeterred, Prause left to set up her sexual biotech company Liberos, in Hollywood, Los Angeles, in 2015. The company has been working on a number of studies, including one exploring the benefits and effectiveness of “orgasmic meditation”, working with specialist company OneTaste.
Part of the “slow sex” movement, the practice involves a woman having her clitoris stimulated by a partner – often a stranger – for 15 minutes. “This orgasm state is different,” claims OneTaste’s website. “It is goalless, intuitive, and dynamic. It flows all over the place with no set direction. It may include climax, or it may not. In Orgasm 2.0, we learn to listen to what our body wants instead of what we think we ‘should’ want.”
Prause wants to determine whether arousal has any wider benefits for mental health. “The folks that practice this claim it helps with stress and improves your ability to deal with emotional situations even though as a scientist it seems pretty explicitly sexual to me,” she said.
Prause is examining orgasmic meditators in the laboratory, measuring finger movements of the partner, as well as brainwave activity, galvanic skin response and vaginal contractions of the recipient. Before and after measuring bodily changes, researchers run through questions to determine physical and mental states. Prause wants to determine whether achieving a level of arousal requires effort or a release in control. She then wants to observe how Orgasmic Meditation affects performance in cognitive tasks, how it changes reactivity to emotional images and how it compares with regular meditation.
Brain stimulation is ‘theoretically possible’
Another research project is focused on brain stimulation, which Prause believes could provide an alternative to drugs such as Addyi, the “female Viagra”. The drug had to be taken every day, couldn’t be mixed with alcohol and its side-effects can include sudden drops in blood pressure, fainting and sleepiness. “Many women would rather have a glass of wine than take a drug that’s not very effective every day,” said Prause.
Prause is studying whether these technologies can treat sexual desire problems. In one study, men and women receive two types of magnetic stimulation to the reward center of their brains. After each session, participants are asked to complete tasks to see how their responsiveness to monetary and sexual rewards (porn) has changed.
With DCS, Prause wants to stimulate people’s brains using direct currents and then fire up tiny cellphone vibrators that have been glued to the participants’ genitals. This provides sexual stimulation in a way that eliminates the subjectivity of preferences people have for pornography.
“We already have a basic functioning model,” said Prause. “The barrier is getting a device that a human can reliably apply themselves without harming their own skin.”
There is plenty of skepticism around the science of brain stimulation, a technology which has already spawned several devices including the headset Thync, which promises users an energy boost, and Foc.us, which claims to help with endurance.
Neurologist Steven Novella from the Yale School of Medicine uses brain stimulation devices in clinical trials to treat migraines, but he says there’s not enough clinical evidence to support these emerging consumer devices. “There’s potential for physical harm if you don’t know what you’re doing,” he said. “From a theoretical point of view these things are possible, but in terms of clinical claims they are way ahead of the curve here. It’s simultaneously really exciting science but also premature pseudoscience.”
Biomedical engineer Marom Bikson, who uses tDCS to treat depression at the City College of New York, agrees. “There’s a lot of snake oil.”
Sexual problems can be emotional and societal
Prause, also a licensed psychologist, is keen to avoid overselling brain stimulation. “The risk is that it will seem like an easy, quick fix,” she said. For some, it will be, but for others it will be a way to test whether brain stimulation can work – which Prause sees as a more balanced approach than using medication. “To me, it is much better to help provide it for people likely to benefit from it than to try to create fake problems to sell it to everyone.”
Sexual problems can be triggered by societal pressures that no device can fix. “There’s discomfort and anxiety and awkwardness and shame and lack of knowledge,” said psychologist Leonore Tiefer, who specializes in sexuality. Brain stimulation is just one of many physical interventions companies are trying to develop to make money, she says. “There’s a million drugs under development. Not just oral drugs but patches and creams and nasal sprays, but it’s not a medical problem,” she said.
Thinking about low sex drive as a medical condition requires defining what’s normal and what’s unhealthy. “Sex does not lend itself to that kind of line drawing. There is just too much variability both culturally and in terms of age, personality and individual differences. What’s normal for me is not normal for you, your mother or your grandmother.”
And Prause says that no device is going to solve a “Bob problem” – when a woman in a heterosexual couple isn’t getting aroused because her partner’s technique isn’t any good. “No pills or brain stimulation are going to fix that,” she said.
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.
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.
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?