California Bill Brings Government Into the Bedroom by Cathy Young


The feminism of “affirmative consent” is equally dubious. Indeed, this standard arguably strips women of agency in a way that traditional sexual norms never did. In the traditional script, the man initiates while the woman decides where (or whether) to set the limits. Under explicit consent rules, the person taking the lead must also assume much of the responsibility for setting the limits by making sure his partner wants to proceed—while the more passive party cannot be responsible even for making her wishes known without being asked.

While these rules are technically gender-neutral, the general assumption in campus activism is that the victim of nonconsensual heterosexual sex is female. Indeed, if there was a sudden rush of male students filing such charges against women who had failed to “ask first,” it’s likely that the activists would respond the same way battered women’s advocates did in the 1990s when their push for mandatory arrest in domestic violence cases led to more arrests of women: by crying backlash and claiming that male abusers are manipulating the system to punish their female victims.

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