See also: On the Notion of Consent and Personal Responsibility

If you haven't already heard about this story, you're lucky.

Basically, a woman sued Girls Gone Wild for taping her without her consent when she was in a bar a number of years ago.  A jury ruled that since she was in the bar, she consented to being filmed.

It gets worse.  One, she only found out that she was in the film after an acquaintance told her, a number of years after the fact.  Two, what was filmed was her being sexually assaulted.  In the video, another woman pulls down her shirt while she can clearly be heard to be saying "no no no".

How fucked up is our culture when not even NO means no?

Never mind the fact that I have issues with the entire "no means no" structure of consent anyway.  As you've noticed in previous entries - and probably by my blogroll - I'm a fan of the enthusiastic consent structure.  Unless there's a clear "yes", there is no consent.  But I recognize that for many people, the only education they receive on matters of consent is in fact "no means no", and so I'm willing to at least work with that.  It is, after all, better than nothing.

But in this case, there was not only a lack of enthusiastic, clear consent - the GGW company did not produce a written consent, nor could they produce verbal consent captured on video - but there was a definite presence of the revoking of consent.  She was asked to flash the camera.  She said no.  Someone else assaulted her - and make no mistake, that was assault - and pulled down her shirt, exposing her breasts.  There was no consent, and this should have never been put in to the video.

Moreover, I'd say that the camera person has a responsibility to say "HEY THAT ISN'T COOL" and stop the tapes from rolling.  Never mind everyone else the bar having a responsibility to say the same thing, at a bare fucking minimum.

The message that this verdict sends is just a reaffirmation of the one rape culture gives us every day.  That women are public property.  That if we aren't good little girls we deserve whatever happens to us.  That going out and having a good time means that anything and everything is on the table.

And that is just fucking bullshit.

On the notion of consent and personal responsibility

Okay, this has come up a lot lately, all over the internets, and I've been leaving a lot of comments about it, so clearly it's time to write an entry about it.

DEAR INTERNETS:

First, go read this entry, so that you have the basic vocabulary you'll need to understand this post.  It's okay, I'll wait.  (For extra credit, read everything on this page.)

Done?  Good.

So let me break this down for you all.  The person at fault in a sexual assault, regardless of what that sexual assault is, is the person doing the assaulting.

Additionally:  If you do not have clear, explicit, enthusiastic consent from a person you're interacting with, you're assaulting them.

(Cue trolls regarding my tone, also cue trolls regarding taking personal responsibility.)

Here's the thing about taking personal responsibility.  Regardless of what personal responsibility I do or do not undertake, I am still not responsible for other people's actions.  If you want to do something to or with me, I should be consenting to that.  If I'm not, you're assaulting me and need to fuck off and leave me alone.

That goes regardless of what clothing I wear - since clothing can't give consent on my behalf for anything.  That goes regardless of what bars, clubs, restaurants, venues, or streets I visit - since the only consent I have clearly given is to be in that place.  That goes regardless of what activities I undertake - since the only consent I have clearly given is to be doing said activity and nothing else.

For example!  If I am riding the subway, here is the list of things I have explicitly consented to:

1. Riding the subway.

Here is the list of things I have not explicitly consented to:

1. Conversation.  With anyone.
2. Being groped or otherwise sexually assaulted, including being flashed.
3. Being punched or otherwise hit.
4. Being hit on (see also:  conversation).
5. Being stared at as if I were an object specifically put there for your amusement, entertainment, etc.
6. Anything else that is not riding the subway.

See how that works?  Here, I'll do another one for you.  I'm a dancer.  I dance ballroom, I dance in clubs, I dance socially.  When I am out dancing, here is the list of things that I have consented to when I have walked in the door to the venue:

1. Being at the venue.
2. Probably being asked to dance.

Note how being at the venue does not mean I have consented to dance with you specifically.

If you do ask me to dance, and I accept, thereby giving my consent, here is what I have consented to:

1. Dancing with you at this point in time.

See that?  Okay, now here is the list of things I have not consented to by being at the venue and consenting to dance with you:

1. Talking while dancing.
2. Being groped.
3. Being humped.
4. Going home with you.
5. Having a drink with you.
6. Being surrounded by your friends.
7. Dancing with you the rest of the night.
8. Having sex with you.
9. Taking you home.
10. Having sex with you on the dance floor.
11. Being touched by you in any way that is not prescribed by the dance (in ballroom, you have to touch in certain places/ways)
12. Anything else that is not dancing with you at this specific point in time.

Have I made myself clear?

Unfortunately, we live in a culture that gives us lessons like "if a girl's wearing a short skirt, she's a slut", and "sluts all want it, no matter what they say".  Please be assured, these lessons are wrong, so wrong, so wrong I can't even tell you.  I got the same lessons as everyone else.

But here's the thing.  Even though we all were taught these lessons, we are not obligated to follow them.  If anything, we're obligated to unlearn them and not follow them, because they're fucking wrong and lead directly to things like rape.

And because of those lessons we all got, I can take all the personal responsibility in the world - never going to a club, never going dancing, always wearing modest clothes - hell, wearing a burka - never walking alone at night, learning self-defense, all of those sorts of things - and it is still possible for me to be sexually assaulted.  As in that link I posted earlier, the only way I can ever truly prevent my self from being assaulted is to never be in a room with a rapist or person who commits sexual assault, which is kind of fucking difficult seeing as how they don't all have nice big signs on their foreheads alerting me to the fact that they are in fact the kind of person who would assault someone.  Because we teach people that it's okay to rape.  It's okay to assault.  That clothes can give consent, that sluts are out there and just asking for it, that you're more of a man the more sex you have.

(cue trolls about how well then obviously I want everyone to just never interact)

Here's the other thing.  None of this precludes my being asked.  None of this precludes you trying to strike up a conversation while we're dancing or riding the subway, none of this precludes your asking me if you can buy me a drink, none of this precludes you asking me if I'd be interested in going home with you, none of this precludes your asking me if I'm interested in making out, fucking, doing anything else.  Asking is not the problem.  The problem is either, you don't ask, you assume, or, you do ask, I don't consent, and you go ahead anyway.

If you strike up a conversation with me, and I don't immediately jump right in and participate?  I'm not consenting to the conversation.  If you ask me in the club if I want to go home with you, and I don't immediately enthusiastically agree that's a great idea?  It's because I don't think it's a great idea, and I'm not consenting.  If we're making out, getting all hot and heavy, and you put your hand in my pants and I don't immediately moan, start grinding, say "oh yes" or otherwise make it really, really fucking clear that I liked that, I'm not actually consenting to that.  If you continue to converse with me, or continue to try to convince me to go home with you, or keep your hand in my pants, fuck you, I haven't consented.

If we are dancing, and you figure it's okay to hump me?  If we're in the club and you assumed we're going home?  If you're sitting next to me at the subway and figure it's okay to just talk at me?  If we're making out and you figure that means clearly I want some piv sex?  Fuck you.  I haven't consented to any of the things you've figured on or assumed.   Don't give me this "grey area"  or "misunderstanding" bullshit that I see so often.  If you are paying a modicum of attention to the world, and are at all a decent person, it should be pretty fucking easy for you to figure out if the person you're doing things with is consenting.  And if it is at all not clear?  You can fucking ask, and in fact, are obligated to.

The person doing the initiating is obligated to make absolutely sure they have consent to continue before continuing.

See how that works now kids?

Here's the other thing about consent:  capitulation is not consent.  For example, if someone is attempting to rape me, and I figure I have better odds of surviving and being less physically injured if I just let them rape me, rather than try to fight them off, that does not mean that I have consented to sex with them.  It means they are raping me, and I have capitulated out of survival instinct.

And here's the last thing about personal responsibility:  the person who needs to take some fucking personal responsibility in an assault is the person doing the assaulting. 

LOVE, FRENCH

On kink

In my racism class, for grad school, part of our "getting to know you!" introductory exercises had us think about labels and what we identify as, individually.

The list of usual suspects was on there - sex, age, race, ethnicity, economic class, etc. I added gender identity and sexual orientation, because I think about those a lot in the course of my work. I got to add them because there was an "other" category, for anything we wanted.

I got home tonight and was thinking about all the things I could put there, but didn't, and first on the list was my identity as kinky, sexually speaking. I would have completely forgotten about the exercise, except for the fact that we were talking about deviance this week, and how it's very easy to classify someone as deviant, and what that means.

The important thing I gleaned was that deviance is all in the eye of the beholder. Therefore, if the beholder is "American society as a whole", I, as a kinky person, am deviant. Highly deviant, if you want to get particular.

But anywhere else, I'm not so deviant. I'm an independent, mid-twenties, white, well-educated woman. I'm not dependent on anyone, or the government for that matter (except for student loans, but those are socially acceptable forms of dependence). In fact, I work to help make other people less deviant, in my field.

It also got me thinking about socially acceptable forms of deviance. It's okay to be gay (more or less), okay to be a working woman, okay to be anti-Bush, okay to be on Medicare or Medicaid (as an elderly or disabled person). In fact, we applaud people who are honest about these things - at least in the circles I run in; I realize that the "red states" might feel differently about them. But while I wouldn't have a problem describing myself as bi or lesbian or even trans in that "other" category, I still wouldn't feel comfortable coming out as kinky. Society as a whole would still classify me as deviant, and would try to stigmatize me for that deviance.

Hell, some days I do it to myself, for all of my liberal and sex-positive attitudes.

I guess what I'm trying to get at is that it sucks that kinkiness is still so largely stigmatized (as is sex as a whole, really), and that it's really hard to like yourself when the messages you get tell you not to, even over something as minor as one aspect of your identity. Not that identity is minor, but there are so many other things that I am that I don't think I should be condemned on one of them - one of them that really is quite fulfilling, thank you very much.