Despite all of the debate about sexual freedom it looks like after it’s all said and done celibacy is the best option anyways (even if only to avoid a legal nightmare). See Duke’s new sexual misconduct policy. Robert Shibley of FIRE outlines some of the implications here.
Unwitting rapists and their oblivious victims
Duke addresses real problem by creating Orwellian nightmare
At Duke, you can be a rapist without even knowing it. A new sexual-misconduct policy, enacted in the fall, takes as one of its fundamental tenets that “real or perceived power differentials between individuals may create an unintentional atmosphere of coercion.” That’s right: To be guilty of date rape at Duke, you don’t have to force someone to have sex or even have actual power over that person – you only have to be “perceived” as more powerful by a Duke tribunal.
Not concerned yet? How about this: If either party, male or female, is to any degree intoxicated during sexual activity, he or she can’t consent to sex. If you are a student and your partner (or even your spouse) is tipsy, Duke says you have committed sexual misconduct.
Last month, my organization, the Foundation for Individual Rights in Education (FIRE), sent an eight-page letter to Duke President Richard H. Brodhead detailing the myriad problems with Duke’s new policy. The policy was introduced with fanfare from the Duke Women’s Center, whose director justified the policy by opining that campuses like Duke harbor smarter-than-average rapists.
The policy not only departs from state law and common sense when it comes to consent but also sets up procedures for sexual-misconduct hearings that differ from the procedures for every other offense.
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I guess to have extra safe sex you better have some kind of signed document for every time?