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.

image (5)

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.

image (6)

On genetic inheritance and sexual assault.

On genetic inheritance and sexual assault.

How does evolution work?

Each child receives genetic information from its parents.  Some of this information conveys distinct traits.  And some of these traits increase the chance that an individual will have children of his or her own.  If those children are also good at having kids, the underlying genetic information will spread.

The DNA sequences that evolution enriches don’t necessarily make a creature better – in fact, they often accomplish the opposite.  A gene that made its bearer 10% happier would not spread through the population.  Happy people are less fearful and more likely to be die in tragic accidents.

800px-JH_Dolph_Cat_Mouse(Infection with Toxoplasma gondii seems to make mice happier.  The parasite produces a rate-limiting enzyme for dopamine synthesis to increase the chance that Toxoplasma-infected mice blithely stroll along and get eaten by a cat.)

All that evolution “wants” is for a gene’s bearer to have children who have children who have children, and so on.  This necessitates survival, yes – you can’t have kids if you’re dead, and in many species, orphaned children are less likely to ever have kids of their own.  But evolution doesn’t need a gene’s bearer to be clever – brainless starfish evolved from a bilaterally symmetric forebear that did have a brain.  Evolution doesn’t need a gene’s bearer to be nice – bullies seem to have plenty of children, and sexual assault is an instinctual mating strategy in many species, including ducks and orangutans.  Maybe humans, too.

So, who controls which genes are passed on?

In most species, whichever parent puts the most effort into raising children gets to choose.

prumIn The Evolution of Beauty, Richard Prum describes the experience of tropical birds, like manakins, who live in regions where food is plentiful.  The female parent raises children entirely on her own – males reside elsewhere in fraternal performance troupes.  And so the female birds have absolute say in deciding who will and will not fool around.  The females visit large numbers of males and decline most of their overtures.  Why should she settle for anything less than the absolute sexiest gentleman in the forest?  She’ll find him eventually, and since he never helps any of his children’s mothers with child-rearing, she knows he’ll be available.

Male smooth guardian frogs protect their fertilized eggs and young tadpoles.  Large choruses of females will surround and serenade each available male, hoping to sway his desire.  Since males do all the parenting, they are very selective.

That’s the usual system – you do the work, you get to choose.

It’s a nice idea.  After all, choice means the ensuing activity is consensual, and the opportunity to consent is sexy.

Unfortunately, in many species, others attempt to subvert mate choice.  You know – those ducks.  Orangutans.  Humans.

meanMyriam Gurba’s Mean is alternately comic and horrifying.  In a chapter titled “Omnipresence” (after the trauma, danger seems to be everywhere), Gurba writes:

A stranger chose me to rape.

There was no nepotism involved.

Basically, I got raped for real. (I’m being cheeky here.)

Stranger rape is like the Mona Lisa.

It’s exquisite, timeless, and archetypal.

It’s classic.  I can’t help but think of it as the Coca-Cola of sex crimes.

 

You never predict that rapists are lurking in the sun, sky, and trees.

 

In The Evolution of Beauty, Prum writes:

prumOf course, it has long been clear that sexual coercion and sexual violence are directly harmful to the well-being of female animals.  But the aesthetic perspective allows us to understand that sexual coercion also infringes upon their individual freedom of choice.  Once we recognize that coercion undermines individual sexual autonomy, we are led, inexorably, to the discovery that freedom of choice matters to animals. 

Sexual autonomy is not a mythical and poorly conceived legal concept invented by feminists and liberals.  Rather, sexual autonomy is an evolved feature of the societies of many sexual species.  As we have learned from ducks and other birds, when sexual autonomy is abridged or disrupted by coercion or violence, mate choice itself can provide the evolutionary leverage to assert and expand the freedom of choice.

Many of the trappings of human civilization exist solely to subvert mate choice.  Powerful males did not want human females to exercise sexual autonomy, because what if she picks someone else?  And so men made marriage, Biblical commandments against both adultery and thinking about adultery, and a propensity to murder (or, on contemporary U.S. playgrounds, heckle) loose women.

Human males wanted to control the flow of genetic information without doing the work of parenting.  Just like ducks, whose females evolved corkscrew-shaped vaginas because only those individuals with complicated genitalia could exercise free mate choice amidst generations of rape culture.

Rape culture isn’t specific to Homo sapiens, after all.  It’s a disease of any species in which those who don’t put in the work decide they ought to make choices for others – and nobody stops them.

(Humans do perpetrate more sexual violence than other species, especially violence against non-humans.  Interspecies sexual assault strikes most people as outlandish, unless it’s being done on our behalf.  Farms, puppy mills, and zoos are major assault factories.  We assent to forcible fertilization because it produces large-breasted chickens, cute puppies, and caged “wild” animals for our screaming children to ogle.)

Not all species rape.  In some, coalitions of females defend each other.  In others, males enforce fairness.  Those who believe in justice can punish interlopers, providing females with the right to choose.  Feminism isn’t the exclusive provenance of females.  Injustice hurts everyone, and anyone can feel aggrieved by it.

On asking first.

On asking first.

consent_is_sexy_mugI still frown every time I see the sidewalk chalkings / posters / coffee mugs / t-shirts that read “Consent Is Sexy.” I really thought that slogan would’ve faded away by now.

Traditional sexual practices in the U.S. are bad, sure. The standard shown in movies and advice books is for both parties to act wordlessly. Move slowly and if you reach a point where you’re about to do more than the other person wants, he or she will stop you. Many dating guides even stress that this gradual approach will often lull a partner into doing more than if you’d started by asking bluntly.

The guides are probably right. But that doesn’t change the fact that it’s bad. If you’re trying to be a good human, the goal shouldn’t be to trick people, using passion or momentum or the exigencies of the moment, into sharing physical affection.

(Although the dating guides don’t usually mention “sharing,” or even “physical affection.” The word “conquest” is more common. Trickery does seem more reasonable if you frame the whole dance as an adversarial interaction between the two parties. But that’s a rotten way to live.)

lg00691Indeed, most of my collegiate relationships began with watching a movie with someone, gradually snuggling during the film, then, with a turned face and a smile, kissing. No words.

I pretty clearly failed at being a good human. I followed that same wordless progression with someone who was not interested. I did apologize … eventually. As in, years later. Not until I’d read a depressingly large number of books and research articles about violence against women as part of research for my book. I realized that I, too, was part of the problem.

Sure, I stopped when she said “No thanks.” But the onus of uncomfortable speech shouldn’t be placed on the person who wants to do less than the other. Speaking up is hard. In a way, I was lucky in that I was attracted to someone confident enough to say “No,” because I’d probably feel worse about myself now if things had gone on and I learned only later that it wasn’t what she wanted.

The frequency of serial offense certainly suggests that much if not most sexual assault is perpetrated by predators intending to pressure their victims into unwanted behavior … but a culture in which everybody acts wordlessly makes their predation easier. My own collegiate behavior was abetting them.

Whoops.

So, I’m all for the “ask first” campaigns. Underwear with “ask first” printed on them — great! I should’ve been talking more beforehand. Everyone should be.

ask_first2

 

But that’s not what the actual words “Consent Is Sexy” convey. This slogan means something like, “Saying ‘Yes’ Is Sexy.” And that’s not really a message that people need. There’s already quite a bit of cultural pressure toward sexuality. I don’t think the best way to fix things is a slogan that, subconsciously at the very least, conveys that sexy people agree, sexy people submit, sexy people say yes.

Sexy people ask. Growing up, I didn’t. This was rotten. I should’ve done better.

But, look, saying “No” is sexy, too. Sometimes you’re just not interested. And that’s fine!