Editing Sexual consent (section)

==Other views==
Legal scholar Robin West stated in a 2000 article that the use of consent as an ethical premise for life decisions may increase happiness in the world, except for women. She states that women technically consent to many of the life experiences that lead to misery for women, such as pregnancies they did not wish to have, marriages to spouses who beat them, or jobs where a boss sexually harasses them, since they consented to the sex, marriage or taking the job, respectively (even if they did not want the adverse results, such as on-the-job harassment). West states that if we make consent the key ethical standard in life, then all of these negative experiences for women will be not able to be criticized, as people will say that the woman chose of her own free will to enter that situation.<ref> {{cite web |url=https://www.theatlantic.com/entertainment/archive/2015/02/consent-isnt-enough-in-fifty-shades-of-grey/385267/ |title=Consent Isn't Enough: The Troubling Sex of Fifty Shades: The blockbuster fantasy has become a big movie—and a bigger problem. |last=Green |first=Emma |date=10 February 2015 |website=www.theatlantic.com |publisher=The Atlantic |access-date=13 June 2018 |quote=}}</ref> 

Donna Oriowo states that "...when we talk about consent, we very rarely are talking about black women or women of color", and the focus is usually on white women, with black women accusers continuing to face doubt and blame due to tropes depicting black women as "...over-sexed and only want[ing] sex." <ref>{{cite web |url=https://blavity.com/when-we-talk-about-consent-who-are-we-really-talking-about |title=When We Talk About Consent, Who Are We Really Talking About?: "Somehow, when black female voices are raised up in anger, in disbelief and in pain, they are easily ignored." |last=Oriowo |first=Donna |date=March 2018 |website=blavity.com |publisher= |access-date=14 July 2018 |quote=The idea continues to be perpetuated that black women cannot be raped because of our supposed want or need for sex, that is almost masculine in nature — giving the assailant a pass because they believe they are just giving black women what they want.}} </ref> Some younger feminists argue that consent is not truly possibly when there is a power disparity between partners in an encounter; [[Laura Kipnis]] disagrees, arguing that it is "...precisely the dynamics of power—of status, money, appearance, age, talent—that create desire" between people in a sexual context, with desire being one of the elements Kipnis thinks we should focus on.<ref>{{cite web |url=https://www.newyorker.com/culture/persons-of-interest/laura-kipniss-battle-against-vulnerability |title=Laura Kipnis's Battle Against Vulnerability: The Northwestern University professor strengthens her polemic against campus sexual culture |last=Smallwood |first=Christine |date=2 April 2017 |website=www.newyorker.com |publisher=New Yorker |access-date=14 July 2018 |quote=But she believes that the “leakiness” and “idiocy” of sexual desire cannot be contained by regulation; people need to learn to deal with it themselves. }} </ref>

Kate Lockwood Harris argues that consent initiatives, such as "no means no" and "yes means yes" use views about communication which she sees as false myths, such as the claim that communication during sex can and should be a binary, unambiguous "no" or "yes". Harris states that by calling for this type of response, anti-assault advocates are lowering the complexity of communication competence between the two people and lessening the opportunities to make consent a political act.<ref>{{cite journal |title=Yes means yes and no means no, but both these mantras need to go: communication myths in consent education and anti-rape activism |journal = Journal of Applied Communication Research|volume = 46|issue = 2|pages = 155–178|last=Harris  |first=Kate Lockwood |date=12 February 2018 |quote=|doi=10.1080/00909882.2018.1435900 }} </ref>

[[Jed Rubenfeld]] of [[Yale Law School]] wrote in a review that consent should not be the main criterion to judge whether a sexual contact is legal or not. First, in stark contrast to other legal areas (e.g. qualification for a [[mortgage]] or an [[insurance]], see [[misrepresentation]]), there is generally no requirement to be truthful before obtaining sexual consent. Though [[rape by deception]] is punishable, it usually does not refer to honesty in relationship matters. Likewise, laws do not offer any recourse in case sexual consent has been given based on false premises. His second point is that rape laws intend to protect sexual autonomy, but yet the only thing that can override somebody's autonomy is [[coercion]], or exploiting somebody's incapacitation. By their strict definition, non-consensual situations only imply a disagreement, and thus, they can be resolved by simply walking away. Therefore, in Rubenfeld's view, the defenselessness of a person, or the use (or threat) of force, is the only criterion which can define rape in a logical way.<ref>{{web cite|author=Jed Rubenfeld|url=https://gould.usc.edu/centers/clhc/events/feature/documents/Rubenfeld.pdf|title=The Riddle of Rape-by-Deception and the Myth of Sexual Autonomy}}</ref>
[[File:Kutsche 1458.JPG|thumb|right|200px|Affirmative consent approaches are more complex in the [[BDSM]] scene, because in some BDSM encounters, participants agree to "consensual non-consent" in order to perform role-plays.]]

Non-consensual condom removal, also called "stealthing", is the practice of one sex partner covertly removing a [[condom]], when consent has only been given by the other sex partner for condom-protected [[safer sex]].<ref>{{Cite news|url=https://www.huffingtonpost.com/entry/inside-the-online-community-of-men-who-preach-removing-condoms-without-consent_us_58f75eb2e4b05b9d613eb997|title=Inside The Online Community Of Men Who Preach Removing Condoms Without Consent|last=Hatch|first=Jenavieve|date=21 April 2017|work=Huffington Post|access-date=23 April 2017|language=en-US}}</ref><ref name=":0">{{Cite journal|last=Brodsky|first=Alexandra |title='Rape-Adjacent': Imagining Legal Responses to Nonconsensual Condom Removal |journal=Columbia Journal of Gender and Law |volume=32 |issue=2 |year=2017 |ssrn=2954726 }}</ref> Alexandra Brodsky wrote an article in the ''Columbia Journal of Law and Gender'' calling for "stealthing" to be considered as sexual assault.<ref name="Sady Doyle">{{cite web |url= https://www.elle.com/culture/career-politics/a44886/stealthing-is-not-a-trend-its-sexual-assault/|title="Stealthing" Is Not a Trend. It's Sexual Assault |last=Doyle |first=Sady |date=1 May 2017 |website=www.elle.com |publisher=Elle |access-date=30 March 2019 |quote=}} </ref> The women who experienced "stealthing" had to pay for emergency contraception and faced concerns about pregnancy or sexually transmitted infections, and some women felt that it was a type of rape. Stealthing is a type of [[domestic violence]] that is called "reproductive coercion"; it includes taking off condoms or poking holes in condoms.<ref name="Sady Doyle"/>

Mia Mercado states that "[[revenge porn]]" posted online or otherwise disseminated by former partners without permission and “leaked celebrity [sex] photos” that are hacked or stolen from stars' phones are "non-consensual pornography".<ref name="Mercado">{{cite web |url=https://www.bustle.com/p/7-types-of-sexual-assault-we-need-to-stop-minimizing-57319 |title=7 Types Of Sexual Assault We Need To Stop Minimizing |last=Mercado |first=Mia |date=11 May 2017 |website=www.bustle.com |publisher=Bustle |access-date=1 April 2019 |quote=}} </ref> She says that these two activities are a "form of sexual assault and should be treated as such", noting that revenge porn is an offence in 34 US states with legislation pending (in 2017) in other states.<ref name="Mercado"/>

Concepts of affirmative consent are more challenging in [[BDSM]] encounters, particularly in settings where the participants agree to "consensual non-consent", also called meta-consent and blanket consent, a mutual agreement to be able to act as if consent has been [[waiver|waived]]. It is an agreement where comprehensive consent is given in advance, with the intent of it being irrevocable under most circumstances. This often occurs without foreknowledge of the exact actions planned.<ref>[http://www.informedconsent.co.uk/dictionary/Consensual-nonconsent/ "Consensual non-consent"] {{webarchive|url=https://web.archive.org/web/20090901004229/http://www.informedconsent.co.uk/dictionary/Consensual-nonconsent/ |date=2009-09-01 }}, Informed Consent dictionary, Accessed 12 June 2012.</ref><ref>[http://www.xeromag.com/fvbdglossary.html Dictionary of BDSM Terms], "Consensual Non-Consent", Accessed 12 June 2012.</ref> Even if two participants in a BDSM encounter agree that they consent to violence, in Canada, the law limits what violent sexual act people can consent to; specifically, Canadians cannot consent to getting seriously injured.<ref> {{cite web |url=https://nationalpost.com/news/canada/canadian-law-imposes-some-limits-on-freedom-to-consent-to-violent-sexual-activity |title=Canadian law imposes some limits on freedom to consent to violent sexual activity|last=Hasselback |first=Drew |date=27 October 2014 |website=nationalpost.com |publisher=National Post |access-date=16 July 2018 |quote=Jian Ghomeshi says that what he does in the bedroom is done with consent. This assertion invites a legal question: just how does consent work in Canadian law? }}</ref>

[[Ezra Klein]] supports California's "yes means yes" law for the state's colleges on the grounds that there are too many sexual assaults; as such, he endorses broad new legal measures like California's newly created law.<ref name="Friedersdorf">{{cite web |url=https://www.theatlantic.com/politics/archive/2014/10/an-apalling-case-for-affirmative-consent-laws/381518/ |title=An Appalling Case for Affirmative-Consent Laws: Ezra Klein expresses hope for "a haze of fear and confusion" on college campuses and "a cold spike of fear" in college men. |last=Friedersdorf |first=Conor |date=16 October 2014 |website= www.theatlantic.com|publisher=The Atlantic |access-date=16 June 2018 |quote=}}</ref>  While he acknowledges that the law impinges on the personal sexual lives of people, he says that to work, the new law needs to have "overreach", so that it will create a "cold spike of fear" among college men about whether a sexual encounter is consensual.<ref name="Friedersdorf"/> Klein states that cases where it is unclear whether consent was or was not given will be a necessary part of the law's effectiveness, as these cases will help to reduce sexual assaults, as students become aware of the disciplinary process and the consequences for those found guilty.<ref name="Friedersdorf"/> Freddie deBoer states that if "yes means yes" becomes widespread, it would lead to a lower standard of proof being available to law enforcement and justice institutions which have thus far shown evidence of using racial or class-based prejudice when assessing and trying cases (e.g., [[driving while black]]); this could lead to "yes means yes" charges and punishments falling disproportionately on students of color or those from working-class backgrounds.<ref name="Friedersdorf"/>

=== LGBT ===
Michael Segalov states that young gay men do not learn much about consent and sexual boundaries because most "were never taught the language with which to explain or understand" their experiences and there are typically few [[LGBT]]+ role models in their community or family to seek advice from.<ref name="Segalov">{{cite web |url=https://www.theguardian.com/commentisfree/2018/mar/07/gay-community-metoo-moment-conversation-consent-sexual-assault |title=Why hasn't the gay community had a #MeToo moment? |last=Segalov |first=Michael |date=7 March 2018 |website=www.theguardian.com |publisher=The Guardian |access-date=16 February 2019 |quote=}} </ref> Segalov states that hookup apps may create consent challenges because some men have a feeling of "entitlement" when they arrive at the hookup partner's place, and a sense that the encounter's sexual interaction has been "prearranged" online.<ref name="Segalov"/>
[[File:L.D.P. Gay Bar Istanbul.JPG|thumb|right|200px|Philip Henry states that non-consensual groping of bottoms and crotches is tolerated in some gay bars.]]
Christopher Robinson states that some queer "spaces continue to normalize, and even encourage, sexual violence", including "groping, drunk affection, and blatant sexual assault", because the "direct sexualization" in these venues leads some men to view the sexual harassment they commit as a "compliment" to the recipient. Robinson says that the "transgressions [are re-positioned] as charm" by the harassers, with the recipients of the unwanted contact being expected to "ignore and endure" the groping.<ref name="Robinson">{{cite web |url=http://ucsdguardian.org/2018/05/14/leave-space-queer-spaces/ |title=Opinion: Leave Some Space in Queer Spaces |last=Robinson |first=Christopher |date=14 May 2018 |website=ucsdguardian.org |publisher=UCSD Guardian |access-date=16 February 2019 |quote=As these [queer] spaces continue to normalize, and even encourage, sexual violence, they undermine their mission to provide safe and comfortable spaces for queer people to interact.}} </ref> Robinson says that this atmosphere may undermine the [[safe space]] that gay bars were supposed to be providing for queer people.<ref name="Robinson"/>

John Voutos states that for queer people, there are number of challenges with communicating consent, including "[s]ex-on-premises venues, queer clubs", online dating, the "non-verbal, semi-ambiguous communication of the [[Handkerchief code|hanky code]]" (in which a color-coded system indicates preferred sexual fetishes, what kind of sex they are seeking, and whether they are a top/dominant or bottom/submissive) and [[cruising for sex]].<ref name="Voutos">{{cite web |url=http://www.starobserver.com.au/news/national-news/consent-is-part-of-long-history-of-lgbtiqa-silencing-melbourne-inaugural-consent-festival/175389 |title='CONSENT IS A RIGHT OFTEN WITHHELD FROM LGBTIQ+ PEOPLE': MELBOURNE'S INAUGURAL CONSENT FESTIVAL |last=Voutos |first=John|date= |website=www.starobserver.com.au |publisher=Star Observer |access-date=16 February 2019 |quote=The importance of consent is often overlooked in queer spaces.}} </ref> Brodie Turner, the organizer of a 2019 Consent Festival, says that the lengthy history of "LGBTIQA+ silencing" and erasure from sex education and the lack of media depictions of "healthy [LGBTIQA+] relationships" mean that LGBTIQA+ people do not know about consent or have a sense that it is their right. <ref name="Voutos"/>

Philip Henry states that the male gay community tolerates and even encourages non-consenting grabbing and groping of butts and crotches in gay venues because the boundaries of consent are blurred in the gay club environment, particularly when there is drinking and semi-nude patrons dancing.<ref name="Philip Henry">{{cite web |url=https://www.them.us/story/how-gay-men-normalize-sexual-assault |title=How Gay Men Normalize Sexual Assault |last=Henry |first=Philip |date=17 November 2017 |website=www.them.us |publisher=Them |access-date=25 June 2018 |quote=Gay bars and gay venues offer a safe environment to celebrate our sexuality, free of judgment. Yet as we’ve built fences to protect us from the hatred of the outside world, we’ve forgotten the need to protect the people inside of it as well.}} </ref> He says that when a gay man does experience unwanted groping and expresses concern, he is often told to "calm down" or that groping "comes with the territory” in a gay venue.<ref name="Philip Henry"/> Gay men in the [[chemsex]] scene, where couples or groups consume [[Gamma-Hydroxybutyric acid|GHB]] or [[crystal meth]] prior to extensive sex, have stated that consent is not clearly defined and there can be a perception that anyone at a "party and play" get-together is assumed to consent.<ref>{{cite web |url=https://www.advocate.com/current-issue/2017/9/11/its-time-talk-about-chemsex-and-consent |title=It's Time to Talk About Chemsex and Consent |last=Zane |first=Zachary |date=11 September 2017 |website=www.advocate.com |publisher=Advocate |access-date=7 July 2018 |quote=Consent often isn’t clearly defined among men who engage in chemsex. Various men have told me that consent is given up upon using drugs. “When I went into these situations, I went in with the knowledge that anything goes,” says Sam.}} </ref> 

In an article in ''Advocate'', Alexander Cheves argues that when a person enters a dark backroom of a gay bar, "you waive a degree of consent", because "[g]ay men go back there to get groped."<ref name="Cheves">{{cite web |url=https://www.advocate.com/commentary/2017/8/08/straight-folks-there-are-some-spaces-you-dont-belong |title=Straight Folks, There Are Some Spaces You Don't Belong In |last=Cheves |first=Alexander |date=8 August 2017 |website=www.advocate.com |publisher=Advocate |access-date=16 February 2019 |quote=}}</ref> Cheves states that for people going into a backroom, the onus is on them to "gently push" an unwanted hand away from their body.<ref name="Cheves"/> In "Discussing Consent in Gay Spaces Requires Nuance, Not Sex Panic", Rennie McDougall states that adding modern consent approaches to gay spaces such as gay bars and saunas would have a negative effect on gay men's sexual interactions, because non-consensual but non-threatening hands of a stranger on a bottom, chest or crotch can be a "positive part of sexual discovery" for gay men.<ref> {{cite web |url=http://www.slate.com/blogs/outward/2017/12/19/discussing_consent_in_gay_spaces_requires_nuance_not_sex_panic.html |title=Discussing Consent in Gay Spaces Requires Nuance, Not Sex Panic |last=McDougall |first=Rennie |date=19 December 2017 |website=www.slate.com |publisher=Slate/Outward |access-date=24 June 2018 |quote=But the sanitization of gay spaces—a total cleaning up of our sometimes messy brushes with desire—would be a profound loss. What arguments like these make clear is that when it comes to the language of assault, we should not generalize. A “strange hand on our butts” in a gay club, as Henry writes, is not necessarily an act of sexual violence. To lump the two ends of a spectrum together under one category of assault trivializes the seriousness of aggressive acts and ignores the fact that unexpected—but non-threatening—encounters can be a positive part of sexual discovery}}</ref>

Jo Jackson says that in the queer female community she has had experiences where venue participants put their hands on her body (near her thigh) and touching her breasts without consent, but she said nothing because she felt at the time that these actions were part of "a soft charade of seduction".<ref name="Jo Jackson">{{cite web |url=https://matadornetwork.com/read/reality-harassment-abuse-queer-female-community/ |title=The reality of harassment and abuse in the queer female community |last=Jackson |first=Jo |date=18 January 2018 |website=matadornetwork.com |publisher=Matador Network|access-date= |quote=16 February 2019}} </ref> She states that the queer female community has "butt-grabbing, dudeish remarks, and aggressive, persistent come-ons" and she says there is a sense that being aggressive or using “sexual energy to wield power is...hot”.<ref name="Jo Jackson"/>  She says some women feel a sense of "entitlement" to touch that blurs the concept of consent. Another issue is that queer women often grow up only exposed to media representations of heterosexual dating, so young queer females may lack a vocabulary for women-on-women dating and an understanding of the social cues for consent.<ref name="Jo Jackson"/> 

In "Why Yes Can Mean No", Jordan Bosiljevac states that "yes" does not necessarily mean consent for "...poor, disabled, queer, non-white, trans, or feminine" people; she states that consent approaches are a form of privilege created for well-to-do, hetero, cis, White, able-bodied people.<ref>{{cite web |url=https://cmcforum.com/opinion/04302015-why-yes-can-mean-no |title=Why Yes Can Mean No |last=Bosiljevac |first= Jordan|date=30 April 2015 |website=cmcforum.com |publisher=The Forum |access-date=7 July 2018 |quote=}} </ref> An article about queer students at McGill University states that in queer sexual encounters, there is not a set script of activities, as with heterosexual sex, and queer sex is more exploratory; as such, there are more discussions about consent between queer partners about every step and act.<ref name="Kahn">{{cite web |url=https://mcgilldaily.com/queernessandsexuality/consent.php |title=Talking about queer consent: The dynamics of consent in queer relationships merit their own discussion |last=Kahn |first=Rebecca |date= |website= mcgilldaily.com|publisher=McGill Daily |access-date=14 July 2018 |quote=}} </ref> However, Rebecca Kahn states that in queer encounters where one person is cis-gender and one person is trans, the cis person may have more power in the relationship that can give the trans person "...feelings of fear, or more subtly,...a desire to please the more privileged partner" in the encounter; Kahn says that to address these power differentials, the privileged partner should make sure the marginalized person feels comfortable by letting them know that consent is not assumed.<ref name="Kahn"/> Asexual people may feel pressured to consent to having sex when they are in a relationship.<ref>{{cite web |url=https://hellogiggles.com/lifestyle/asexual-people-belong-at-pride/ |title=Why asexual people belong at Pride and in all LGBTQIA+ spaces |last=Leary |first=Alaina |date=19 June 2018 |website=hellogiggles.com |publisher=Hello Giggles |access-date=16 February 2019 |quote=}} </ref>