When consent fails

As you know if you read this blog, I’ve been doing research on sadomasochism and consent, and I’ve come to the conclusion that the law is bordering on pathology in its obsession with protecting masculine subjectivity, while using the other hand to perpetuate feminine objectivity just as much as it damned well pleases.  

Case in point: I read a law review article arguing that Laskey, the European Court of Human Rights case where prosecution of several homosexual men who were practising consensual sadomasochistic sex was upheld on the basis of public morality, was all about protecting the masculinity of the male “victim” by not even allowing him to consent.  This makes a lot of sense to me.  Ideally, what we want is a system of informed consent, where yes means yes and no means no.  What we get is, on the one hand, the legal system refusing to let men say yes to erotic pain in order to “protect” them, and on the flip side, refusing to acknowledge women who say no to date rape because they “accepted a risk” – ignoring the fact that true informed consent means they accepted the risk of what actually happened, not just the risk that consensual sex might occur.  Consent, essentially, doesn’t mean anything in the legal system – it’s just another tool of sexism.  Grand.

Advertisements

About Avory

Avory Faucette is a queer feminist activist, writer, and public speaker. Zie graduated from the University of Iowa with a JD in 2009, focusing on international human rights and gender/sexuality issues in the law. Hir current work focuses on queer identity, policy, and marginalized identities under the queer umbrella. As a genderqueer person, zie comments frequently on non-binary identity, transgender and genderqueer issues, and media coverage of these populations. Zie also speaks at colleges, universities, and events on transgender and queer issues and conducts trainings on related topics.

Posted on July 20, 2008, in law & politics, rape and tagged , , , , , , , . Bookmark the permalink. Leave a comment.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: