Well, it was a disorganized rant indeed, and it’s in need of a follow-up. However, I suspect I will still end up frustrating quite a few critics with this:
A number of commenters on my post below about consent and enthusiasm have noted that I fail to make the all-important distinction between legal and moral definitions of rape. I know full well that many of y’all out there are better schooled in the law than I, and indeed, my post was not intended to shed any new light on the legal understanding of rape. Lawrence Krubner says:
Surely female enthusiasm is not a standard that can be legally enforced? What would the standard be? There is, of course, a difference between morals and law – we can say that morally men should only have sex with women who are enthusiastic, but legally we have to provide a benchmark that courts can enforce. The “yes” and “no” thing has it problems, but is a clear enough standard for men to understand and courts to enforce.
That’s fair. But my interest as a teacher is primarily in preventing rape and sexual assault in the first place. And though I have no interest in challenging the prevailing standard surrounding the definition of rape as a crime, I am interested in reducing the frequency of what I would call “unwanted sexual contact” that falls below the threshold of legal rape. When a woman says “yes” (but wishes she could say “no”), I don’t think she’s been raped in a legal sense. (Unless her “yes” was obviously coerced). But I do think she has been violated in a very real sense, and I don’t think that the responsibility for that violation is hers alone, regardless of her age.
Saying that men don’t like to hear this (look at the gender break-down in the comments section!) is an understatement. What my male students say to me, with frustration — and sometimes anger — usually goes like this: “I’m a nice guy, Hugo. I know that no means no. Now you’re telling me that yes can mean no, too? Sheesh! You’re putting too much responsibility on us! But beneath this frustration is legitimate fear and guilt. Most young men are afraid that their partners are, to one degree or another, feigning enthusiasm in order to please them. It’s humiliating, and for men who care for the women in their lives, it’s painful to realize that they have hurt those whom they love. Most young men assume that women were socialized just as they were, with the same right to verbalize their wants and desires. Most young men are utterly unaware (often willfully unaware) of just how powerful the social forces are that condition young women to be pleasing, compliant, and quiet. On that subject, since she put it in my comments section, let me quote Andi, who speaks with far more personal authority than I:
It’s a terrifying and frustrating thing realize that, for all the educating I did/do for other people, for all the times I’ve stood up for other women, I still can’t do it for myself. I’ve described it as “deer in headlights.” Every bone in my body knows I should say no–to my boss, to my friends, to the stranger, to my partner–for all sorts of reasons, usually not related to sex. But I don’t. My brain, stuck in a frenzy of “I should say no, I can’t do this, this is ridiculous, I don’t want to/I should’t have to, this is unfair” etc., spins its wheels while my tongue, trained to acquiescence, condemns me again: “Yes. No problem. I can do that.” (Emphases are Hugo’s)
Of course women have some responsibility to overcome their socialization. Adults are not always victims, to some extent they are also volunteers. But the personal stories of countless bright, courageous women make it clear that overcoming that socialization to please and to placate is not easily done. As Andi said so perfectly:
The hardest thing to do is untrain yourself. Even if you know what you should do, women of my generation are caught in a particularily painful place: knowing what we are doing to ourselves, and yet still being unable to undo our own habits.
What men have the moral (not legal) responsibility to do is to understand just how powerful that socialization has been in the lives of the women they love, and how often they (men) have been the unwitting beneficiaries thereof. I’m naive enough to believe that once men are aware of this, they can no longer in good conscience continue to act as they have before. What real man (a loaded term, but it has its uses) wants a woman in his life who sees his sexual desire as something to be soothed and managed? Long before they become sexually active, young women in our society are taught to develop strategies to deflect, manage, or soothe male desire. But until men become better regulators of their own desires, they cannot expect women to single-handedly stop using these (somewhat) manipulative (but understandable) strategies!
The solution here is, I think, a moral and a behavioral one. In a culture of promiscuity and hook-ups, it is simply impossible for two young people to have the emotional “togetherness”, trust, and confidence to have an honest conversation about what they really, really want. Vocalizing one’s wants in an explicit fashion is rarely easy, and when one is with someone one doesn’t know well, it’s going to be impossible for all but a few. Only when two people “know” each other (in the epistemological sense of the word), are they truly prepared to “know” each other (in the biblical sense). And that takes patience, self-restraint, and commitment — and to say those three virtues are uncelebrated in our contemporary sexual discourse would be another massive understatement.
Lastly, Lawrence Krubner’s final point about enthusiasm is an instructive one:
…enthusiasm is a pointless thing to aspire to if your concerns are more moral than legal – women who were sexually abused at a young age sometimes become wildly promiscious – catch then at age 20 and you will see wild enthusiasm for sex, but are they engaging in sex for the right motives?
Enthusiasm is not merely the outer manifestation of inner desire or excitement. The etymology, it seems, comes from the Greek enthousiazein: “God-breathed”, or “God in us”. That maybe a little bit too religious for some, so here is how I have come to phrase it: “When your head, your heart, your mouth, your body, and your spirit all want the same thing — that’s enthusiasm!” And until we know each other’s head, heart, mouth, body, and spirit — then folks, we just ain’t ready.