Law: May 2006 Archives

Outlawing Sex

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Eugene Volokh discusses some problematic sexual assault policies at Gettysburg College and Antioch College regarding what counts as consensual sex. The most striking element to me comes toward the end of the post. It looks to me as if Antioch College's sexual assault policy leads to a fascinating infinite regress. Apparently you need explicit verbal agreement to count as consent. Yet they also prohibit non-consensual sexual communication. That means you can't even ask someone verbally if they want to have sex unless they first consent to your question. So you need to ask them if you can ask them a question about sex, but before that you need to ask them if you can ask them if you can ask them a question about sex, and before that you need to ask them if you can ask them if you can ask them if you can ask them a question about sex. That means you could never even get going with asking the question, which means consensual sex is impossible, and thus sex is in effect outlawed. Antioch College is the new Bob Jones University.

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