Proving Consent in a Yes-Means-Yes Environment.

I’ve posted on this issue before. But the issue won’t go away, and the due process problems continue to arise. Although the linked article is from the UK, we have the same problems in the US.

Now we see that someone has written an app intended to evidence consent to sexual activity. As the discussion in the linked article notes, however, the app does not, and cannot, deal with revocation of consent.


To solve that problem, any agreement, whether digital or written, needs to address what I addressed in the Sexual Activity Consent Contract I proferred in the previous post. That contract offers, as an option, that the parties contract for a voyeur to be present during all activity so as to be a witness whether anyone revoked consent.





Admittedly, this contract is intended to be tongue-in-cheek. But to the extent there’s a problem with it, it’s probably not comprehensive enough to address the complex issues it concerns.

Rape is properly criminal and must properly continue to be punished as such. But to reduce the nuances of human sexual interaction to legalisms is absurd. If you disagree with that, read the above contract, noting (a) how absurd it is to expect a couple to sign such an agreement and (b) how inadequate it is to address everything that might come up.

Whither common sense, folks?

Oops. Need I be fearful that calls for common sense are a tool of the patriarchy?