consent

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The famous non-consensual kiss from “Sleeping Beauty.” Image by Henry Meynell Rheam (in public domain).

I spent a good chunk of this year’s annual meeting of the American Folklore Society live-tweeting the conference. And, given that I’m now working as a sex educator, a lot of what I tweeted about was sexuality and gender.

When I tweeted disparagingly about the lack of sex positivity at the conference, a colleague responded by asking what exactly I mean by sex positivity. It’s not, unfortunately, something that everyone in our society learns about, nor is it on the curriculum for most folklore studies programs. So I wrote this blog post about what sex positivity means to me, and decided to do a follow-up post relating it back to folklore.

In folklore studies, and especially my specialty of narrative studies, we spend a lot of time talking about genres. A genre is a basic category of folklore, a type of expressive culture that we group by similarities in content, structure, transmission/performance, and function. So my first thought when it comes to relating sex positivity to folklore is to write about which genres engage with sex positivity (or not).

Based on the paper I gave this year, examining gender and sexuality in the TV show Lost Girl, I’ve been thinking about sex positivity in two specific narrative folklore genres: legend and fairy tale. We define legends as belief tales that are told as though they actually happened, which is why you so see so many urban legends debunked on Snopes.com: they tie into people’s beliefs about reality, so strongly that they’ll be transmitted regardless of their truth value.

For a representative sampling of legends about sex, check out these summaries of texts from just one legend book, The Vanishing Hitchhiker by folklorist Jan Brunvand: innocent make-out sessions lead to death in “The Boyfriend’s Death,” infidelity is punished in “The Solid Cement Cadillac,” and various nude surprises occur because people are generally acting pervy. Then there are legends regarding the transmission of HIV/AIDS, organ theft after a one-night stand, people getting stuck together during sex, and people losing objects internally during masturbation.

Based on this sample, I think it’s safe to say that most legends are NOT sex positive. They depict sex acts as having dangerous consequences. Even if a character’s intention was not malevolent, the effects are harmful. This probably relates to how legends function in society: they often contain socially conservative messages meant to police communal behavior.

With fairy tales—which have a bit more distance from reality as they’re fictional, formulaic tales about magic, quests, and transformation—it’s a bit harder to make sweeping proclamations about whether or not they’re sex positive. Most fairy tales end in marriage, after all, which would seem to be an endorsement for sex. However, fairy tales give us a fairly narrow vision of acceptable forms of sexuality: most fairy-tale pairings are heterosexual, monogamous, and transactional.

I’ve been researching promiscuity and non-monogamy in fairy tales, and based on that, I’ve concluded that fairy tales (like legends) convey rather restrictive attitudes about sexuality. Promiscuous female characters are punished, while there’s rarely any comment on the need for a man to be a virgin before marriage (yes, there are tales about magical virginity tests before marriage—only for the female characters, of course). It’s a little disturbing to realize that fairy tales contain many similar elements to contemporary abstinence-only programming: an emphasis on virginity before marriage, a need to police sexual behavior especially in women, and a correlation between chastity and virtue. (want citations? contact me for a copy of my paper)

In contrast to legends, though, fairy tales do show sexuality as being potentially generative and therefore positive in that light at least. Sex in fairy tales leads to children, and fairy-tale children are generally valued. You never know when having a kid might lead to breaking a curse down the road, after all. So while it’s still a mixed bag, I have to conclude based on this brief survey that fairy tales are a bit more sex positive than legends.

I can’t think of any other folklorists using sex positivity as a metric to evaluate the messages within various folklore genres. This could be an intriguing and useful line of inquiry, so if you have suggestions for folklore genres to compare and contrast in regard to sex positivity, feel free to leave a comment and get in on this discussion!

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Thanks to Wikimedia for the image.

One of the things I love about my family is that they take an active interest in my career and hobbies. So when I flew into L.A. to see my folks, my dad handed me a big box of newspaper clippings, related to literature, folklore, dance, sex education, and so on.

Among them was an opinion piece from the L.A. Times about a recent piece of California legislation, SB 967. This would mandate, among other things, that all California universities include the following language about sexual contact that occurs on campus:

  • An affirmative consent standard in the determination of whether consent was given by a complainant.
  • Prohibition on an accused perpetrator using self-intoxication or recklessness as a defense.  It would also not be a defense if the accused failed to take reasonable steps to ascertain consent.
  • An explicit provision that an individual is unable to give consent for sexual activity if the individual is asleep or unconscious; incapacitated due to drugs and/or alcohol; or unable to communicate due to a mental and/or physical condition.
  • A preponderance of the evidence standard in the determination of disciplinary action.

And so on. So far, so good, right?

Well… no. One of the opinion pieces, published in the Sunday June 1 L.A. Times, thinks that an affirmative consent standard is not only unlikely, but also unsexy. He writes: “The legislation’s affirmative consent requirement doesn’t apply just to sex. It covers all physical contact for which consent is required by a college’s sexual assault policy, like intimate touching. In real life, such contact is welcomed after it begins, not affirmatively consented to in advance.”

I hope y’all see that this is really problematic. This statement exemplifies the sex-negativity prevalent in our culture, specifically the idea that having to obtain consent by explicitly asking for it is un-sexy. It’s not hard to see where this idea comes from; in practically every Hollywood flick the characters experience mind-numbing chemistry, kiss, and wind up in bed together, with nary a word spoken.

Is it really all that terrible to have to ask for someone’s consent before touching or kissing them? Would it really be so soberingly un-sexy to say something like, “Hey, I’d like to kiss you. How do you feel about that?” Apparently, yes, there is no greater boner-killer than verbally obtaining consent.

What’s even more  troubling is that this opinion was expressed by Hans Bader, an attorney and former U.S. Department of Education Lawyer. In other words, the people making our laws don’t think obtaining verbal, explicit consent is sexy or feasible.

Another person, Sandra Perez, wrote in to say: “Legislation in Sacramento essentially would mandate that a would-be Romeo obtain an express opt-in before proceeding to bed with his sweetheart, as if any such target of Romeo’s desires doesn’t have ample opportunity to communicate her unequivocal wish to opt out.” This is another WTF comment, since it both assumes that men are always the initiators of sexual contact (which is a harmful construct of performing idealized masculinity) and that there are never coercive situations wherein women – or men – don’t feel safe saying no.

I’m saddened and disturbs that both of the quotes in this opinion piece reinforce negative, harmful, and untrue ideas about consent. Whether or not you’re in California and hence potentially affected by this law, I recommend reading up on consent and figuring out how to make it a more prominent part of your conversations and your practices. So here are some links:

Please read and consider passing on these links. I’m aware that there are more sophisticated (often feminist) conversations happening around consent, specifically problematizing the notion of “enthusiastic consent (and this discussion too), but hey, we have to start somewhere.

P.S. June is  Adult Sex Ed month! Consider this post a contribution!

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My post Claiming the Title of Sex Educator recently went live at MySexProfessor, and in that vein, I’m going to start posting more sex education and sex research content here at my personal blog (update: now that I have a blog at my sex education site, more content of this nature will go there!). I’ll begin with a post about how we talk about deviance and consent, and where these subjects (maybe surprisingly) intersect.

There’s a journalistic account going around about a young man who identifies as a pedophile in that he’s attracted to children, but he has never acted on that attraction. In fact, he’s actively seeking help in order to keep from acting on it. Pedophilia is one the most taboo and reviled sexuality topics in our society, and I like how the interview humanizes the man. It’s worth a listen if you have the time (it’s around 30 minutes long).

The story got me thinking about how we tend to talk about sexual deviancy. The more taboo a topic is, the more likely the discussion of it is to be framed in terms of morality or wrongness. In other words, stigma has an incredibly polarizing effect on discourse.

But you know what? Pretty much any sexual act has the potential to be just as “deviant” as the most stigmatized and taboo acts out there. This is because every sex act that involves more than one person hinges on consent, and even the most innocent-seeming act can become a violation if consent is lacking.

This is where the “would you do it to/with a pet?” question comes in. Think of something you might do to, say, a cat or dog as a friendly gesture:

  • Hug
  • Pet
  • Feed
  • Walk or play with

You don’t have to ask your cat or dog whether you can interact with it in a low-key, friendly way, in a manner that presumes some familiarity but does not transgress the animal’s bodily boundaries or cause it pain. Similarly, you usually don’t have to ask a friend consent before hugging her, or offering him food, or shaking zir hand.

Then think of some other activities, which you would NOT do to your pet. These could involve forcibly penetrating it, or beating it. Why would those actions be wrong? Because your pet cannot consent to sex with a human, nor to receiving pain. Animals think differently than humans and we haven’t figured out how to bridge a lot of those gaps just yet. Humans, on the other hand, are capable of communicating with one another about marvelously complex things, including giving and receiving physical pain in the pursuit of pleasure as with kink/BDSM, or choosing to enter into sex work.

My point here is that if it’s not an act that you would feel okay doing to an alive-and-feeling being that is incapable of communicating consent — it is potentially a “deviant” act. Being kissed without consent can be an invasive, horrible experience. Having sex without consent – that’s called rape.  Whether it’s the most vanilla thing in that world or as taboo as it gets, any partnered sexual activity has the potential to be traumatic if its occurs without consent.

Obviously the pet analogy falls apart at some point. Some people enjoy sloppy wet dog kisses, and the dogs seem to enjoy them right back. The activity of wrestling with one’s pet may cross into rough play, rougher than you’d do with a non-consenting human. I just wanted to come up with a metaphor that would resonate with people, that would make you think about the activities which require explicit consent and the activities that do not.

The flip side is that if any act, no matter how innocent or well-intended, can become monstrous when it occurs without consent, then any deviant/taboo/bizarre act can be seen as okay if consent is granted. Or at least, I’ll see it that way, and encourage others to have an open enough mind to do so.

Once again: if you’re a consenting adult, I support you doing anything. Consent should always be communicated, negotiated, and re-negotiated, so the more we read and talk and write about it, the better!

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Normally I’d post about sex and related topics over at MySexProfessor.com but this topic has gotten me all fired up and talkative. I’m also leaving that option open to Miss Maggie Mayhem, who was one of the main sex work activists interviewed in this Salon piece on sexual assault in the BDSM community and who’s also blogged at MySexProfessor.

If you need some background to the Salon piece I’m discussing in this post, I give a brief definition of BDSM here, and explain how it can be viewed as a sexual orientation. Clarisse Thorn, who is a brilliant feminist writer who discusses BDSM among other topics, narrates her messy initial experiences with BDSM here, in case you want to read about how a really smart, independent, feminist woman comes to terms with how she enjoys pain sexually.

What you really need to know, though, is that BDSM is a subculture that values the agency of adults to make their own sexual choices, no matter how strange or counter-intuitive they might sound. Period. No judgments like “that’s too weird” or “ew how could anyone like that” or whatever. If it’s consenting adults, then it’s fine.

So what really bothers me about the Salon article is how it highlights the abuse that happens in the BDSM community and  gets swept under the rug, explained away as a desire to avoid drama. Because this is a subculture that thrives on consent, and yet some of the practitioners trample on the consent of their partners – that’s what baffles me. I think this is just further evidence that the power tensions that plague a society will permeate it at practically every level: every subculture, every genre of expression, will somehow struggle with those roles and stereotypes and inequalities.

The Salon article notes: “In many ways, the kink scene seems light-years ahead of other sexual communities when it comes to issues of consent. They have checklists that tirelessly detail personal limits and safe words meant to bring things to a screeching halt if ever someone’s boundaries are crossed.” This is why I think it’s a shame that we’re not hearing more about the models of communication as well as the assaults that happen in the BDSM scene. Like other alternative sexualities – non-straight folks, non-monogamous folks, and so on – practitioners of BDSM are learning to communicate honestly and fearlessly as they figure out what they want and how to get it… which, when you have no mainstream role models or narratives to follow, can be pretty tough.

However, I think it’s important to recognize that just because a subculture acknowledges that pain can be an interesting sexual or sensual experience does NOT mean that a practitioner invites every kind of pain. The victim-blaming rhetoric mentioned in the article – make sure you get references before “playing” with someone, make sure you have a safe word, and so on – obscure the fact that the assault is never the fault of the victim, and that it’s perfectly okay for a consenting adult to say “I’d like to explore biting, but no blood drawing, please.” Nobody invites their boundaries to be broken. Nobody asks to be violated. Insinuating otherwise is stupid.

Kitty Stryker, interviewed in the article, says of safety techniques: “But then you find out that you can do those three things and not be safe anyway, and that’s terrifying. You realize how vulnerable you are.” This is true not just for BDSM or other sexual subcultures, but for all culture in a patriarchy. This is an incredibly unpleasant truth to face. As long as we live in a hierarchical culture where some people are deemed less human than others, there will be assault. I think it’s sad that assault is occurring in a community that otherwise is really focused on consent… but I also don’t think assault will go away until we fix larger inequalities in our society.

To end on a more positive note, the bloggers at Yes Means Yes are doing a lot of constructive work evaluating rape culture and how to change it. They make the excellent point that so “what if someone is taking different risks than you? We need to get over the idea that there’s some risk-free way to be sexual, or to more generally pursue pleasure, or to do anything else in life.”

Every lifestyle, sexual or social or whatever, carries some risk with it. This is unfortunate but inevitable. I applaud anyone who acknowledges that openly and honestly, and lives their lives in a constructive and brave fashion. In my mind, any sexual community that foregrounds consent and communication does that, and I hope mainstream cultures can learn something from them.

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