Posts Tagged ‘equality’

On Retroactive Rape

July 8, 2008

The implications of redefining rape are broad. It means that all sex has the potential to retroactively become rape. Obviously this is a scary thought for a lot of men. Some would argue that it is criminalizing all sex, though it isn’t. It is merely adding the potentiality for criminality to all sex.

In some ways this is similar to financial fraud (bear with me here, this works I promise). Fraud occurs when there is a knowledge deficit that allows one party to take advantage of another. When someone defrauds me, I do not think they have committed a crime at the time when the crime actually happens. It is only later, when the financial impropriety has been revealed that I actual realize that I was a victim of a crime. Having sex is a judgment made based upon a fairly complex metric of knowledge and assumption. If at a later date, some of that knowledge is proven to be false, it essentially invalidates the original decision. As male tactics go, the concept of convincing a woman that you’re interested in a relationship merely to sleep with her and then abandon her is fairly common. However dishonesty in the acquisition of sex never enters into the current definition of rape. And without that there is no moral hazard created to force honesty and trustworthiness in sexual dealings. Men can continue to use dishonesty as a way of acquiring sex from women.

If the playing field is changed, so that women can retroactively define such dishonest dealing as rape (which it is), without having to suffer through the rigmarole of the current ‘consent’ bullshit, then the entire male approach is forced to change. The often-practiced and admired art of treating women as objects to be manipulated into having sex with you (see “The Game”, et al) will end. Casual sex will not be eliminated, but it will end up being between two people who are fully invested in the idea of casual sex. More importantly the idea that consensual sex can ever happen without full disclosure (again, similar to financial regulations requiring quarter reports to allow investors to make informed decisions) can be put to bed (pun intended).

By denying women volition over defining what happens to their body, we are essentially denying them the ability to control what happens to their body.