The Problem with consent
Although this condition does not obtain with regard to any other crime you can think of, when it comes to rape, women are currently considered to exist in a state of perpetual “yes!”. This is because “yes!” is consistent with global accords governing fair use of women. Victims of robbery or attempted murder don’t have to prove that they said no to being robbed or murdered; the presumption is that not even women would consent to being killed. But because penetration by males is what women are for, if we are raped we have to prove not just that we didn’t say yes, which is impossible to prove, but that we specifically and emphatically said no, which is also impossible to prove.
There are rules about what sort of woman can even attempt to make the “I said no” argument in court. Women who typically are not eligible to opt out of consent include: women who drink in bars, women who walk alone, women who walk at night, women who use drugs, women belonging to certain castes, women who dress a certain way, women who don’t dress a certain way, women who are married to men, women who have had multiple sex partners, women who may have said yes last month, women who may have said yes at the beginning but who, three minutes in, found it disagreeable and changed to “no,” women who didn’t fight back hard enough, women who didn’t tell anyone or report it right away, women whose physical similarity to pornulated women aroused the defendant, women whose behavior at the party aroused the defendant, teens with a “reputation,” and prostituted women.
Prostituted women are indistinguishable from sex itself. This is true to varying degrees of all women, but prostituted women particularly are imagined to manifest so cavalier an attitude toward being used at any and all times by any and all comers that it is considered impossible to rape them. Prostituted women can never say no to sex because they are sex.
My wacky consent scheme flips it around. According to my scheme, women would abide in a persistent legal condition of not having given consent to sex. Conversely, men, who after all are constantly declaiming that their lack of impulse control is a product of evolution and there’s not a thing they can do about it, would abide in a persistent legal state of pre-rape.
Women can still have all the hetero-sex they want; if they adjudge that their dude hasn’t raped them, all they have to do is not call the cops.
But if, at any time during the course of the proceedings, up to and including the storied infinitesimal microsecond preceding the sacred spilling of dudely seed, the woman elects to biff off to the nearest taco stand; and if her egress from the sweaty tableau is in any way impeded by the pronger (such an impediment would include everything from “traditional” brute force, to that insistently whispered declamation “just a couple more minutes, I’m almost there” the dread seriousness of which the fervid oaf dramatizes by that ever-so-slight tightening of his grip on her wrist); or if, in three hours or three days or, perhaps in the case of childhood abuse, in 13 years it begins to dawn on her that she has been badly used by an opportunistic predator, she has simply to make a call.
Presto! The dude is already a rapist, because, legally, consent never existed.
The cessation of rape would be immediate. Men would begin aligning their boinking protocols along non-barbaric lines in a hurry. It would suddenly be in their best interest to make damn sure that nothing in their behavior, either prior or subsequent to hiding the salami, would cause their partner to believe she has been abused.
I have an idea for a great new product, too. SmartCervix. An undetectable microchip records pertinent information regarding any “encounter” — DNA typing, location via GPS, audio, video, date, time, etc — and sends it (encrypted, of course) to a remote third-party database where it can be retrieved by the client (you) whenever some dickwad goes all 2009 on your ass.
I revisit my wacky consent scheme annually whether it needs it or not.