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Will sex contracts prevent college rape?
Rising concerns about college campus rape have led California lawmakers to propose sex contracts for undergraduates.
FULL TRANSCRIPT
S.E. Cupp: Sex contracts to prevent college rape? Nice try.
It’s really frustrating that college rape in this country is treated as if it were an inevitability. Students are unilaterally disarmed, in many cases women can’t even carry pepper spray on a college campus.
And then all of the resources and all of the discussion and all of the debate is about crisis centers and hotlines and what happens after the rape.
And then we debate adjudicating the rape so that it embarrasses the college the least.
College rape shouldn't be an inevitability and some lawmakers in California are experimenting with an idea whereby they require a contract to be signed by both parties who are about to engage in a sexual act while on state campuses.
Now that seems pretty silly to me, but I do want to give, uh, kudos for trying to think about preventing the rape in the first place instead of treating it afterwards.
Crisis centers are fantastic but I’d much rather have not been raped in the first place.
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What's next? They must capture it on video to prove that at no time during the act consent was withdrawn? Or that it was for that matter? Seems like the only way to keep people 'safe' is going to somehow permanently install personal data recorders so anyone's 'human black box' can then be examined to determine f a crime was committed. God forbid being smart, staying with groups of friends, taking self defense classes, not getting blackout drunk at a frat party. To put it simply, I'm not going to visit Iraq or Iran wearing an American flag t-shirt and expect to not get shot – sure the shooter is to blame for the crime, but it's also my own fault for being stupid.
So....let me get this straight. This "contract" relies on two willing parties to sign, but if someone is a position to force sex on another what's stopping them from forcing them to sign the contract too? Then the rapist has a "get out of jail free" card. It's insane.
Most rape isn't holding someone at gunpoint and then having sex with them.
Much more of it is escalating contact from something that starts as consensual and becomes unconsensual. Sometimes drinking is involved and one party either doesn't realize consent is not being granted or is not conscious to either give or refuse consent. In other situations someone pushes through something desired like kissing onto activity that is not.
The point of these things is to get those involved to ASK. Just because the girl is kissing you doesn't mean she wants to have sex with you. The idea that you have to actually get your partner agree to intercourse before you just "go for it" is not a bad thing.
Do you realize how idiotic that sounds... a verbal agreement between two people......lets thing about this....if I ask you for some coffee and you tell me no...then I smash you in the face with a brick and ask for a cup of coffee again what are you going to say? I bet its yes....especially if your a 120 pound girl and I am a 200 pound man. You know what stops rape A a 9mm to the face, B locking yourself in a tower and never coming out, C living at home with dad and never leaving his sight, D magic fairies........Which one is the most plausible in the land of REAL LIFE?
sex relationship is mutual between friends and between mutually likeable tow individuals, otherwise it rape. no women will allow sex unless she has some liking for that particular guy. same thing is also true from opposite side. contract for sex is kind of prostitution. raping for sex is highly punishable by law and raping should not be allowed by a college or university or or school authorities because raping is like terrorism. human beings need to taught by parents, teachers, societies, religious centers, govt. bodies friends to stay law abiding. human beings have made only slow progress from prehistoric days, even though religions started ethical and religious teafchings from prehistoric days. it will make many years to make all humans as truly humans.
It's useless... a rapist will rape, and this law will help him/her get away with it. The injured party can have the cell phone taken and sex agreed to through text, or they can be forced to sign a document in fear of their well-being.
Either way waste of time!
Of course, Just like Gun Free Zones stops criminals from shooting people.
The "contract" she's talking about isn't an actual piece of paper (I think... unless something else I haven't heard of has come out). Instead it's a policy at some colleges where repeated stated consent (a verbal contract) is required by school policy to avoid being open to discipline for sexual assault.
Essentially... you have to ask the person you are with if they would like to have sex before having sex with them. (which should really happen anyway... assuming that lack of "no" means "do whatever you like to me" is a bad policy for any person to have).
Do you realize how idiotic that sounds... a verbal agreement between two people......lets thing about this....if I ask you for some coffee and you tell me no...then I smash you in the face with a brick and ask for a cup of coffee again what are you going to say? I bet its yes....especially if your a 120 pound girl and I am a 200 pound man. You know what stops rape A a 9mm to the face, B locking yourself in a tower and never coming out, C living at home with dad and never leaving his sight, D magic fairies........Which one is the most plausible in the land of REAL LIFE?
Of course this doesn't prevent rape.
It does prevent perpetrators from claiming it was consensual when they rape someone. It allows for PUNISHING rapists easier.
The point of this isn't to prevent it from happening. It's to prevent rapists from using excuses ("she wanted it rough", "she didn't say no(she was unconcious)", "Did you see how she was dressed?") and GETTING AWAY WITH RAPE.
good point Kurt, it swings the other way as well in preventing false claims of rape. Although a decent lawyer will likely blow through that contract easily. I think the main purpose is to make the students stop and think twice about what they are doing.
I was forced to sign the contract under threat of physical harm.
Remorse is not rape, this could help separate where true sexual assault has taken place (which should be prosecuted to the full extent of the law) from being upset the next morning.
Is CA serious? A contract!?
If anything I see this increasing sexual assaults, a contract would mean you must comply while consentc be witwithdrawn at any time.
Easy enough for a contract to include the fact that consent can be withdrawn at any time. Besides, a contract can't be legally binding if an illegal act is being committed (like continuing to have any form of sexual intercourse with someone after they have withdrawn consent)
For a contract to be enforceable, doesn't there need to be an exchange of value? Payment for services rendered?
This would make sense for formalized prostitution.
A contract doesn't need to involve anything of monetary value. It simply requires "consideration", which can mean essentially any good or service that is exchanged.
really – so now there will be written record so if the guy and gal ever break up.. the gal can get harassed afterwards. I am sure someone who came up with idea is still a virgin.
What if they are signed by neither participant, and both are equally intoxicated?
Obviously by Cali standards they raped each other and should both go to prison as rapists....
This doesn't prevent rapes, just false rape accusations.
Only a simpleton fool would believe that a contract or a law would prevent a criminal from committing a crime.
Contracts? Really? Will you need an attorney to look over first or a notary public stamp before it becomes official. Who has time for that? Most young college students live in the moment (like I did). And many things (both good & bad) happen to us everyday. So should we draft up contracts for drunk driving, recreational drugs & other situations that young students are faced with everyday. How about a contract for GUNS. Way too many school shootings to be worried about theses days...
A rapist will rape, their brain chemistry is different from the average person whom will respect the wishes of others. Sex crimes is a strong devil to fight, with a long history in human society. Not everything is known about this issue medically. This document, might stop false accusations from happening, but true rape, no, someone whom needs to rape, to feel that power over another person will so it. That paper won't matter to them.