On consent.

On consent.

When we were growing up, my sister accidentally signed up for a “record of the month” club.

It began with an innocent mistake. She saw an advertisement asking if she’d like a free copy of an album that she really wanted. So she sent in the little card and checked the box to say that, yes, she would like a free copy of that album!

But then the company kept sending more records … bad records … music that she didn’t want, and quite possibly that nobody wanted … and she had to return them or else get billed … but she had to pay shipping to return them … and, after agreeing to receive that first free album, it was excruciatingly difficult to take her name off their mailing list.

She did say “yes” … but the thing that my sister thought she was saying “yes” to, and the thing that the sleazy record company thought she was saying “yes” to, were very different.

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In a recent New York Times editorial, Peggy Orenstein cited data from a study that asked college students what they’d “expect to happen next” if they went home with someone they’d just met and danced with at a party. In this scenario, someone is saying “yes” … in response to the question “Do you want to go back to my place.”

But many college students assume that the “yes” suggests impending consent to something other than a late-night stroll. Almost half the men surveyed thought that vaginal sex was likely in that scenario; only a third of women thought so. This disparity suggests that there are a whole lot of pairings out there where somebody thinks that a woman’s “yes” is consenting to a lot more physical intimacy than she desires.

Indeed, a third of the women surveyed had previously been pressured into unwanted sex because they’d wanted to do some fooling around – touching, groping, kissing – but a partner persistently tried to do more even after being told “no.”

Why keep going? Perhaps somebody thought that his partner was simply mercurial – having said “yes,” at first, then “no,” perhaps he figured that she’d soon say “yes” again. Without stopping to think that her original “yes” was consenting to less than he assumed.

And without stopping to think that, even if she had said “yes” to activities that they’d collaboratively, explicitly described, she’s still allowed to say “no” later. Refusing to respect her right to maintain bodily autonomy – even after previous consent – makes for assault.

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One flaw in Kate Harding’s otherwise lovely Asking For It is her repeated assertion that “you cannot prearrange consent.

This statement is obviously false, because all consent is prearranged. Asking precedes doing. Otherwise, there wasn’t consent when the doing began.

The phrasing from Franklin Veaux and Eve Rickert’s More than Two is preferable: that all people “should have the right, without shame, blame, or guilt, to revoke consent to any form of intimacy at any time.

In Asking for It, Harding elaborates with the idea that:

A sleeping person cannot consent to sex. This should be the most obvious thing in the world, and yet it seems to be the place where a lot of folks get hung up.

In some cases, it’s because people don’t want to think of themselves or their lovers as rapists. Every time I’ve made this point online, commenters have rushed to tell me that they enjoy waking up their partners with penetration or vice versa, or even that they have a standing agreement that it’s okay to do so.

Personally, I would feel weird about fooling around with someone who was asleep. Active participation from all parties makes things more fun, and someone who was asleep would be passive to the extreme.

But “a standing agreement that it’s okay to do so” means that the parties involved did arrange consent. “Do you want to have sex with me right now?”, “Do you want to have sex with me in an hour?”, and “Do you want to have sex with me while you’re asleep?” are all valid questions. Strange, but valid. Someone might be interested in responding “yes” to any or all of those.

And of course, per Veaux and Rickert, that “yes” can be retracted. At any time, for any reason.

Although I enjoyed most of Harding’s book, this distinction is important. We are causing real harm when we equate strange but valid practices with assault – in doing so, we give people more opportunity to rationalize assault. If we incorrectly narrow the definition of consent, we empower others to incorrectly expand the definition.

And that – the ability to explain away crimes – is one reason why these assaults are so prevalent.

From Orenstein’s editorial:

When Nicole Bedera, a doctoral candidate in sociology, interviewed male college students, most endorsed the current “yes means yes” standard, which requires active, conscious, continuous, and freely given agreement by all parties engaging in sexual activity. Yet when asked to describe their own most recent encounters, even men who claimed to practice affirmative consent often had not.

When they realized that their actions conflicted with that benchmark, though, they expanded their definition of consent rather than question their conduct. Their ideas of “yes” were so elastic that for some they encompassed behavior that met the legal criteria for assault.

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In jail last week, we read Fatimah Asghar’s “When Tip Drill Comes on at the Frat Party,” alternately titled “When Refusing to Twerk Is a Radical Form of Self Love.” I’m a sucker for narrative poems that talk about consent, precisely because so many men end up in jail for violating consent.

And Asghar’s poem is excellent:

Sometimes it’s as simple as the boys, howling
under bright lights, who only see the dissected
parts of you –
nose, wrist, nape of neck, nipple –

that which can be held down, pinned back, cut open

Photo of Fatimah Asghar by S L O W K I N G.

Asghar writes about the way young women at collegiate parties must learn to enforce the boundaries of their “yes.” Although a woman has said that “yes,” she wants to dance, or to drink, she did not consent to the “sweaty nails pushing / gritty into your stomach, the weight of claws ripping / at the button on your jeans.

People in jail experience a dramatic loss of personal autonomy. Whenever the men walk to or from my class, they must stop, spread their legs, place their hands upon the wall, and wait for a guard to grope with gloved hands over every contour of their bodies.

Perhaps this sense of violation helped them to understand Asghar’s perspective:

Sometimes it’s as simple
as standing still amid all the moving & heat & card

& plastic & science & sway & say:
No.
Today, this body
is mine.

On reading poems from Donika Kelly’s ‘Bestiary’ in jail.

On reading poems from Donika Kelly’s ‘Bestiary’ in jail.

This post briefly touches on sexual assault and child abuse.

Many of the men in jail have struggled with interpersonal relationships.

After reading Bruce Weigl’s “The Impossible,” a poem about being sexually assaulted as a child, somebody stayed after class to ask if there were resources to help somebody recover from that sort of experience.  The next week, he brought a two-page account of his own abuse.

After reading Ai’s “Child Beater,” many men proffered their own horror stories.  Sometimes they offered excuses for their parents: “My mom, she had me when she was thirteen, I guess what you’d call it now would be ‘statutory rape.’  So she didn’t know what to do with us.  But there were plenty of times, I’d be mouthing off, she’d tie my arms to rafters in the basement with an extension cord, and … “

Seriously, you don’t need to hear the rest of that story.  Nor the conversation (we’ve read “Child Beater” about once a year) when the men discussed which objects they’d been hit with.  They appraised concussions and trauma with the nuance of oenophiles.

Consider this gorgeous poem by Mouse:

 

THAT CAT

– Mouse

 

We had this cat

Small gray and frantic

Always knocking over my mother’s lamps

 

Me and my sister can’t sit on my mother’s furniture

But that cat can

My mother would whoop my ass for her lamps

Knocked over and broken

 

One day my mom bought me a dollar sign belt

Made of leather and metal

I put that belt to use every time I

Got my own ass whooped

 

We humans evolved to hunt.  By nature, we are a rather violent species.  But these cycles – people’s crummy childhoods; institutional violence during schooling and incarceration – amplify aggression.  Our world “nurtures” many into malice.

If you ask people in jail why they’re in, almost everybody will say that they were busted for drugs or alcohol.  But if you look at bookings, or hear from somebody what sort of case he’s fighting, about half the time it’s domestic violence.

So we’ve been reading poems from Donika Kelly’s Bestiary, a charming volume that uses abundant animal imagery to elucidate human relationships.  The men need a safe space to discuss love and romance.  Obviously, a dingy classroom inside a jail is not the ideal place, but this is what we’ve got.

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Kelly’s “Bower” opens with:

 

Consider the bowerbird and his obsession

of blue,

 

… then catalogs some of the strange objects that a male bowerbird might use to construct his pleasure dome.  They are artists, meticulously arraying flowers, berries, beetles, even colorful bits of plastic, striving to create an arch sufficiently beautiful that a visiting female will feel inclined to mate.

Among tropical birds with female mate choice, most males will remain celibate.  They try to woo each visitor, but fail.  Usually one single male – he of the most impressive aerial gymnastics (among manakins) or he of the most impressive bower – will be chosen by every female in an area.  Because the males don’t actually raise their young (their contribution ends after the ten or twenty seconds needed to copulate), any given male will have more than enough time for everyone who wants him.

Every male bowerbird devotes his life to the craft, but most of their creations will be deemed insufficiently beautiful.

 

And

how the female finds him,

lacking.  All that blue for nothing.

best

I love the irony of this ending.  This bird’s bower has failed.  The bits of blue that he collected were not sufficient to rouse anyone’s interest in him as a mate.

But life will generally seem pointless if we focus only on goals.  Most bowerbirds won’t mate; Sisyphus will never get that boulder up; you and I will die.    This poem is heartbreaking unless we imagine that the bowerbird takes some pleasure in the very act of creation.

(The natural world is not known for its kindness, but in this case it probably is – because every male bowerbird feels compelled to build these structures, it’s likely that their artistic endeavors feed their brains with dopamine.)

Indeed, most poems that we humans write will go unread.  Even for published poets, it’s probably rare that their words woo a future mate.  But even if Kelly’s own creation did not bring her love (and, based on what little I know about the publishing industry, it almost certainly did not bring her great fortune), it’s clear that all that effort was not for naught.

She made something beautiful.  Sometimes, that alone has to be enough.

At another class, we read Kelly’s “What Gay Porn Has Done for Me.”

Thanks to the internet, many people learn about sexuality from pornography.  One flaw with this “education” is that even when the female actors mime pleasure, they do so while gazing outward.

 

Kelly writes:

 

Call it comfort, or truth, how they look,

not at the camera, as women do,

but at one another.

 

In generic heterosexual pornography, there is a distance.  There is no “relationship” shown between the actors – they’re not even looking at one another.  Instead, the female actor is expected to gaze at a camera, and the (likely male) consumer is gazing at a computer or telephone screen to make some simulacrum of eye contact.

 

Each body is a body on display,

and one I am meant to see and desire.

 

Generic heterosexual pornography seems to objectify the actors much more than gay pornography because the focus is on a performer’s body more than the romantic acts depicted.  Because so much of this pornography is consumed by a homophobic audience, male bodies are depicted minimally – usually only a single organ within the frame – which prevents couples from being shown.

The pleasure offered isn’t quite voyeurism, pretending to watch another pair make love.  It’s fantasy, the chance to imagine being the bearer of the male genitalia.  But this fantasy, independent a fantasy of conversation and mutual seduction, makes others’ bodies seem a thing to be used, not a carriage for the partner’s personality.

 

I am learning

 

what to do with my face,

and I come on anything I like.

 

To desire, and to be desired, need not be degrading for anyone involved.  This is a hard lesson to square with the sort of “sex education” that I received in school, which was sufficiently Christian that sex was presented as both desirable and bad.  If a person thinks that he or she is wicked for wanting, it’ll be hard to discuss what each person wants.

There’s no way to pretend “I’m a good person who just got carried away!” if you make a sober, premeditated, consensual decision to do something bad.

Of course, sexuality isn’t bad.  But many people still posture as thought it is.  When these people feel (totally natural!) desire, they’re forced to create dangerous situations that might excuse their subsequent behavior.

Which, because of those excuse-enabling contortions, often winds up being bad.

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