Has anyone read this Cracked article? TW: campus sexual assault
It made me feel... a lot of things.* One of those things was that in terms of mens rea arguments as to perpetrators, it’s really hard to tell whether the perpetrator is this guy (who totally says he’s guilty, by the way, but seems to have blundered into it without ill intent) or the guy who is a scheming misogynist bastard who is actively using campus attitudes and educational failures in communicating about sex to take actively victimize women.
For the record, I don’t mean that the blunderers shouldn’t get punished. This guy thinks he should be punished, it sounds like he’s genuinely buying into his own punitive experience and trying to reform, and he’s very cognizant of the fact that he victimized someone. But it does make me think that consent reform has to be SO much bigger than it is. That means intensive affirmative consent training in freshman orientation (better yet, in high school, but I’m not going to hold my breath), signing of standard of conduct contracts that include affirmative consent recognition, and an IRONCLAD clarity that affirmative consent is the standard to which individuals are held. That would improve things hugely, both in terms of removing doubt about whether a perpetrator meets mens rea criteria (and then REALLY throwing the book at them, none of this “disciplinary scolding/probation” bullshit), and better yet, PREVENTING the crime described in the Cracked article from happening.
*I admit it, I feel a little sorry for this guy. A little. Much sorrier for his victim. But, I think he made a terrible mistake, and knows it - and having had better consent education would have helped him not do what he did. Other guys who knowingly take advantage of poor consent training to victimize women and take what they want can go straight to hell.