Let's replace "consent" with "marriage" as the criterion for when sex is lawful
06-19-2016, 05:32 PM
As numerous RoK articles have pointed out, women must have their behavior and decisions controlled by men. It's evident from how commonly women regret sex afterward, that many (if not most, or all) women are not able to handle the responsibility of making decisions about sex.
Not only that, when women make a bad decision about sex, they often can't even admit responsibility for the bad decision, but instead feel compelled to blame the man and call him a rapist. Women do this to get out of trouble (e.g. for cheating on their boyfriend or violating their parents' rules), or simply to avoid feeling guilty or stupid for a regrettable decision. Even when the circumstances suggest that they initially were DTF, they can claim that they they were too intoxicated to consent or that they withdrew consent at the last moment (after they'd gotten undressed and worked the guy up to an eager state of sexual excitement) and the man selfishly forced himself upon them rather than stopping.
The fact that there are a lot of women claiming that they said "yes" only because they were drunk, or that they withdrew consent at the last moment and got raped, suggests that they are foolish, indecisive and prone to changing their minds based on arbitrary and capricious whim. Would you trust a person to make important decisions affecting you, who often makes important decisions while under the influence of alcohol; or who is always changing their mind and cancelling important plans at the last moment that they've gotten others to buy into? (Presumably, having sex is an important decision, or the state wouldn't be punishing people with long prison terms for unlawful sex.)
The courts usually won't be able to sort out whether consent was in fact freely given and that it remained in effect at the time sex took place. After all, many of these rape reports are made weeks, months, or years after the alleged rape, when the evidence is mostly gone. At any rate, typically no breathalyzer test is conducted, and no notarized consent form is signed, at the moment of penetration. Inevitably, either a lot of rapes will go unpunished, or a lot of innocent men will be found guilty, depending on what the burden of proof and the standard of evidence are.
Therefore, I propose that we simply eliminate from the rape statutes any mention of the woman's consent to sex. Rather, it should be the father who consents to give his daughter in marriage to a husband who then is entitled to have sex with her whenever he wants. Having sex with an unmarried virgin woman should be considered a violation of the father's right to give away his virgin daughter to a man of his choosing. (Similarly, having sex with someone else's wife would be considered a violation of the husband's right to exclusive sexual access to his wife.)
"Marriage" as the criterion for when sex is lawful would be a more objective standard than consent. The marriage would be duly recorded in front of a notary while the contracting parties (the groom and the father of the bride) are of sober mind and have probably given the matter a great deal of thought, unlike a woman's consent to sex which is often decided on the spur of the moment and signaled implicitly by her nonverbal behavior, and could be subject to after-the-fact distortion. It is rarely claimed that marriages took place under conditions of duress (since there are so many witnesses who can attest to the circumstances of the marriage and the contracting parties' state of mind); in contrast, women are quite often claiming that their acquiescence to sex occurred while they were under duress.
Prohibiting sex with unmarried women will give every unmarried woman security that if she can prove that sex occurred, there will be justice if she is raped. The man will not be able to get away with rape by falsely claim that she consented, because the law will not recognize women as being competent to consent to sex. (The legal environment is already moving in this direction anyway, so we may as well codify it.) Alpha men will have an incentive to settle down and get married at a young age, rather than playing the field, so that they can legally have sex. The removal of these alpha men from the sexual marketplace will mostly eliminate the carousel and give horny women a reason to get married at a younger age as well.
In short, this is a way to achieve many of our community's goals for reforming the dysfunctional mate market.
(Of course, some men could still be falsely accused of having sex with an unmarried woman, when in fact they didn't. One way to help prevent this kind of false accusation would be for men to be chaperoned at all times while courting their prospective brides, and for men to in general avoid being alone with women they aren't married to. In the Philippines, usually the chaperone is a family member such as a sister or cousin of the prospective bride, whose presence can be helpful in other ways besides giving you witnesses to attest to the fact that you didn't have sex. For example, my bride's sister and cousin helped me arrange a surprise proposal on the beach where a group of kids unexpectedly approached us at sunset while we were sitting on a bench overlooking the ocean and gave my bride her engagement ring while singing the "Marry that girl!" chorus from "Rude".)
Not only that, when women make a bad decision about sex, they often can't even admit responsibility for the bad decision, but instead feel compelled to blame the man and call him a rapist. Women do this to get out of trouble (e.g. for cheating on their boyfriend or violating their parents' rules), or simply to avoid feeling guilty or stupid for a regrettable decision. Even when the circumstances suggest that they initially were DTF, they can claim that they they were too intoxicated to consent or that they withdrew consent at the last moment (after they'd gotten undressed and worked the guy up to an eager state of sexual excitement) and the man selfishly forced himself upon them rather than stopping.
The fact that there are a lot of women claiming that they said "yes" only because they were drunk, or that they withdrew consent at the last moment and got raped, suggests that they are foolish, indecisive and prone to changing their minds based on arbitrary and capricious whim. Would you trust a person to make important decisions affecting you, who often makes important decisions while under the influence of alcohol; or who is always changing their mind and cancelling important plans at the last moment that they've gotten others to buy into? (Presumably, having sex is an important decision, or the state wouldn't be punishing people with long prison terms for unlawful sex.)
The courts usually won't be able to sort out whether consent was in fact freely given and that it remained in effect at the time sex took place. After all, many of these rape reports are made weeks, months, or years after the alleged rape, when the evidence is mostly gone. At any rate, typically no breathalyzer test is conducted, and no notarized consent form is signed, at the moment of penetration. Inevitably, either a lot of rapes will go unpunished, or a lot of innocent men will be found guilty, depending on what the burden of proof and the standard of evidence are.
Therefore, I propose that we simply eliminate from the rape statutes any mention of the woman's consent to sex. Rather, it should be the father who consents to give his daughter in marriage to a husband who then is entitled to have sex with her whenever he wants. Having sex with an unmarried virgin woman should be considered a violation of the father's right to give away his virgin daughter to a man of his choosing. (Similarly, having sex with someone else's wife would be considered a violation of the husband's right to exclusive sexual access to his wife.)
"Marriage" as the criterion for when sex is lawful would be a more objective standard than consent. The marriage would be duly recorded in front of a notary while the contracting parties (the groom and the father of the bride) are of sober mind and have probably given the matter a great deal of thought, unlike a woman's consent to sex which is often decided on the spur of the moment and signaled implicitly by her nonverbal behavior, and could be subject to after-the-fact distortion. It is rarely claimed that marriages took place under conditions of duress (since there are so many witnesses who can attest to the circumstances of the marriage and the contracting parties' state of mind); in contrast, women are quite often claiming that their acquiescence to sex occurred while they were under duress.
Prohibiting sex with unmarried women will give every unmarried woman security that if she can prove that sex occurred, there will be justice if she is raped. The man will not be able to get away with rape by falsely claim that she consented, because the law will not recognize women as being competent to consent to sex. (The legal environment is already moving in this direction anyway, so we may as well codify it.) Alpha men will have an incentive to settle down and get married at a young age, rather than playing the field, so that they can legally have sex. The removal of these alpha men from the sexual marketplace will mostly eliminate the carousel and give horny women a reason to get married at a younger age as well.
In short, this is a way to achieve many of our community's goals for reforming the dysfunctional mate market.
(Of course, some men could still be falsely accused of having sex with an unmarried woman, when in fact they didn't. One way to help prevent this kind of false accusation would be for men to be chaperoned at all times while courting their prospective brides, and for men to in general avoid being alone with women they aren't married to. In the Philippines, usually the chaperone is a family member such as a sister or cousin of the prospective bride, whose presence can be helpful in other ways besides giving you witnesses to attest to the fact that you didn't have sex. For example, my bride's sister and cousin helped me arrange a surprise proposal on the beach where a group of kids unexpectedly approached us at sunset while we were sitting on a bench overlooking the ocean and gave my bride her engagement ring while singing the "Marry that girl!" chorus from "Rude".)