Comment on a different blog

In college, I wrote a paper discussing the evolution of rape law from the time when women were seen as owned by men, to the then current time (about 2001). It took me a long time to come up with a conclusion, because even though the basic law had been changed and restructured 3 times... it still didn't work in practical application. After thinking about this a long time I had the disturbing realization that each and every drafting of the law, from a hundred plus years ago, to today, had the same basic flaw. Each one assumed that consent to have sex had to be taken away... but never that it had to be given in the first place. Essentially, the end result was that consent was implied until the woman took it away using a specific action (saying no, resisting, etc). And while its a good thing to have a law where consent can be given, then later taken away if someone changes their mind, I find it highly disturbing that consent does not actually ever have to be given to begin with. The notion that in our society, every man has an implied right to have sex with me unless or until I take it away is seriously scary. Women should have to give that right, not take it away.


WOW