When consent fails
Posted by Avory
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.