In the wake of the #MeToo movement, there has been a lot of focus on consent. However, that focus takes the spotlight away from other strategies that can better inform ethical sex.
Yeah, perfect consent would seemingly require perfect information, and most people simply aren't going to get to know all their partners extremely well before having sex (note that "extremely well" can leave out important stuff, too, sometimes even unintentionally).
There's also an element of accepting that you don't know everything about a partner but choosing to have sex with them anyway. If you choose to sleep with someone you just met that night, for instance, you're accepting that you know very little about them, so it doesn't make sense to take them to task if you find something out later that you don't like (the obvious exception here is if they omitted they have an STD). It really doesn't make sense to retroactively call that sex non-consensual.
Imagine if your partner routinely went to to concerts and supermarkets without a mask during the covid pandemic and didn't think it was important enough to tell you. Now imagine if you both agreed to quarantine yourselves until further notice before they started doing this.
Now you understand why this relationship is non-consensual.
I've had a partner cheat on me and I don't think the sex we had before I found out was non-consensual. There's just too big of a gap between something like this and rape to casually put them in the same group.
There’s just too big of a gap between something like this and rape to casually put them in the same group.
This is entirely a problem of your own imagining. Assault and murder are both crimes that involve bodily harm. But despite having a big gap in the outcomes, we can still put them in the same general classification. We don't need to pretend that assault doesn't involve bodily harm simply because murder is much worse. No one is trying to make a moral equivalence between cheating and more violent forms of non-consent.
If your partner lies to you about something in order to get sex, even just implicitely, then that is non-consensual by definition.
If your partner lies to you about something in order to get sex, even just implicitely, then that is non-consensual by definition.
Short of very extreme examples (STDs, impersonation, Spycops) this is just lying. It's still bad, but it's nowhere near the same level of severity as rape. This is just like how assault and murder are treated quite differently.
Also consider the implications of re-criminalizing adultery. That doesn't seem like a good route to pursue.
Short of very extreme examples (STDs, impersonation, Spycops) this is just lying. It’s still bad, but it’s nowhere near the same level of severity as rape.
Once again, you're trying to say that non-consensual must equal rape and that's just not the case.
Also consider the implications of re-criminalizing adultery. That doesn’t seem like a good route to pursue.
No one wants to re-criminalize adultery. Literally no one is bringing this up but you.
What type of non-consensual sex would not be rape?
Literally this entire scenario we're describing. It's the same reason why signing a contract that had invisible ink makes the contract unenforceable. Let's turn this around, why is willing exposing your partner to STDs without their knowledge not a violation of consent?
And if you’re saying cheating = non-consensual sex, and you presumably think non-consensual sex is a crime…
Legality != morality. I can think something is morally atrocious while still thinking it should be legal, or at least not punishable.
This is a much better way to frame it than "non-consensual."
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Yeah, perfect consent would seemingly require perfect information, and most people simply aren't going to get to know all their partners extremely well before having sex (note that "extremely well" can leave out important stuff, too, sometimes even unintentionally).
There's also an element of accepting that you don't know everything about a partner but choosing to have sex with them anyway. If you choose to sleep with someone you just met that night, for instance, you're accepting that you know very little about them, so it doesn't make sense to take them to task if you find something out later that you don't like (the obvious exception here is if they omitted they have an STD). It really doesn't make sense to retroactively call that sex non-consensual.
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Imagine if your partner routinely went to to concerts and supermarkets without a mask during the covid pandemic and didn't think it was important enough to tell you. Now imagine if you both agreed to quarantine yourselves until further notice before they started doing this.
Now you understand why this relationship is non-consensual.
I've had a partner cheat on me and I don't think the sex we had before I found out was non-consensual. There's just too big of a gap between something like this and rape to casually put them in the same group.
This is entirely a problem of your own imagining. Assault and murder are both crimes that involve bodily harm. But despite having a big gap in the outcomes, we can still put them in the same general classification. We don't need to pretend that assault doesn't involve bodily harm simply because murder is much worse. No one is trying to make a moral equivalence between cheating and more violent forms of non-consent.
If your partner lies to you about something in order to get sex, even just implicitely, then that is non-consensual by definition.
Short of very extreme examples (STDs, impersonation, Spycops) this is just lying. It's still bad, but it's nowhere near the same level of severity as rape. This is just like how assault and murder are treated quite differently.
Also consider the implications of re-criminalizing adultery. That doesn't seem like a good route to pursue.
Once again, you're trying to say that non-consensual must equal rape and that's just not the case.
No one wants to re-criminalize adultery. Literally no one is bringing this up but you.
What type of non-consensual sex would not be rape?
And if you're saying cheating = non-consensual sex, and you presumably think non-consensual sex is a crime...
Literally this entire scenario we're describing. It's the same reason why signing a contract that had invisible ink makes the contract unenforceable. Let's turn this around, why is willing exposing your partner to STDs without their knowledge not a violation of consent?
Legality != morality. I can think something is morally atrocious while still thinking it should be legal, or at least not punishable.