Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

 "informed consent", like "effective consent" and "affirmative consent" are 
all meaningless, in my opinion - if not harmful - because they modify a word 
that burdens victims by suggesting they not only need to consent, but do so 
"effectively" and "affirmatively".? This is partly the fault of law itself - 
which doesn't put the burden on the offender - as it should - to prove that 
he HAD consent.

Reformers are talking about restructuring rape law to allow this burden-shift 
- but don't hold your breath.

In the meantime, thinking about the issue differently is helpful 

"knowing, intelligent and voluntary consent" is better because it is the 
phrase we use to describe an effective waiver of a suspect's Miranda rights.? 
Giving up authority over your intimate self should call for an even tougher 
standard - though the law has always provided the opposite.

this standard is effective because it warns the potential offender that there 
is no consent, ever, if the woman is incapacitated - (something we don't 
teach very well in society or law) and it nicely bumps up the burden on the 
harmdoer to be certain about whether he HAS consent - rather than exploiting 
opportunities where consent is vague - 

Buyer-beware should be the theme - 

or as i say in my bumper-sticker? approach "KNOW or it's NO"

(No means NO - is a silly idea that not only adds no value to the goal of 
prevention - it doesn't promote women's autonomy at all - because it requires 
the victim to SAY no - and if she doesn't, then yes is presumed.? This is 
backward and offensive.? The presumption is no - period.? Autonomy theory is 
better understood in a nonsexual context where we are quite clear that the 
right to swing one's fist ends before it hits someone else in the nose.? This 
goes for penises and vaginas, too).

Wendy Murphy




 

-----Original Message-----
From: 

To: 

Sent: Thu, 14 May 2009 9:04 am
Subject: SAPC Digest, Vol 1198, Issue 1










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Today's Topics:

   1. interesting front page boston globe story - my letter to the
      editor - 
()
   2. RE: SAPC Digest, Vol 1197, Issue 1 (Kile, Marilyn J)


----------------------------------------------------------------------

Message: 1
Date: Thu, 14 May 2009 10:32:16 -0400
From: 

Subject: interesting front page boston globe story - my letter to the
    editor -
To: 

Message-ID: 
<>
Content-Type: text/plain; charset="us-ascii"

Dear editor;





In an article discussing whether law enforcement's failure to issue an
alert after a brutal rape in a Boston parking garage may have led to a
second rape by the same man in the same location 11 days later, two
absurd arguments are made, surprisingly enough, by the director of a rape 
crisis 
center.? 1. An alert might have compromised the
ability to catch the offender because he might change his M.O.? 2.
Notifying the public would have violated the victim's privacy.? 





Whether it's a murder, rape or robbery, capturing a criminal requires
widespread disclosure of all identifying information as quickly as
possible after the incident because he might be fleeing the
jurisdiction, and more importantly, he might be looking for another
victim.? Who cares if he learns that cops are onto him or that he
changes his M.O.?? Releasing information enables the public to be more
vigilant in self-protection and assist police with tips on sightings,
etc.? Moreover, if the guy thinks cops are looking for him - he might
actually restrain himself from attacking again.? It's the rapist who
thinks he got away with it who offends again and again.? 





And secrecy about such a brutal attack hardly protects the victim's
privacy.? Despite many detailed news reports about the attacks written
after the truth was finally released, it is impossible to figure out
the identities of the victims.? If we don't know who they are now, we
certainly couldn't have figured it out if cops had simply issued an
alert letting the public know what happened and where.? It is painfully
obvious that had an alert been issued after the first rape, the second victim 
would not
likely have been attacked by the same man in the same location.? It is
also clear that failure to alert the public was intended to protect
interests other than the well-being of women.? This point was missing
in the Globe's story.





Wendy J. Murphy


New England Law|Boston

617-422-7410


------------------------------

Message: 2
Date: Thu, 14 May 2009 10:53:03 -0500
From: "Kile, Marilyn J" 
<>
Subject: RE: SAPC Digest, Vol 1197, Issue 1
To: 
""
 
<>
Message-ID:
    
<>
Content-Type: text/plain; charset="us-ascii"

-----Original Message-----
From: 

 
[mailto:]
 
On Behalf Of 

Sent: Wednesday, May 13, 2009 4:41 PM
To: 

Subject: SAPC Digest, Vol 1197, Issue 1

Message: 7
Date: Wed, 13 May 2009 17:07:57 -0400
From: "Suraiya P. Baluch" 
<>
Subject: Question about term 'effective consent' 
To: 
<>
Message-ID:
    
<>
    
Content-Type: text/plain;   charset="US-ASCII"

Hi All,
 We are in the process of revising our sexual assault policy here and
would like to include definition of terms including consent in the
revised policy. Some in our working group have argued that the term
'effective consent' is redundant and merely a education device, rather
than truly a different term than 'consent'. Others have contended that
it is an attempt to get at a different dimension of consent, similar to
the term 'informed consent' used in patient care and research
participation (i.e., one may consent, but unless certain elements are
met, the consent is not valid or in this case, 'effective').  Any
perspectives on this would be appreciated, including references to
writing on this topic. Thanks!

Suraiya Baluch, Ph.D., Director

Sexual Harassment/Assault Advising, Resources & Education (SHARE)

Princeton University Health Services

217 McCosh Health Center

Washington Road

Princeton, NJ 08544

 

609-258-1898 Telephone

609-258-9737 Fax

The definition of consent in Wisconsin law is 
"Consent means words or overt actions by a person who is competent to give 
informed consent indicating a freely given agreement to have sexual 
intercourse 
or sexual contact."
When I'm talking with students, I break this down and explain each element. I 
think this covers it well.

Marilyn J. Kile, LCSW
Sexual Assault Prevention Coordinator
2022 Ambrose Health Center
University of Wisconsin-Whitewater
800 W. Main St.
Whitewater, WI  53190
www.uww.edu/sart
262-472-1300 X2244
FAX 262-472-1435
 
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Message: 8
Date: Wed, 13 May 2009 16:40:53 -0500
From: "Foubert, John" 
<>
Subject: bystander program
To: 
""
 
<>
Message-ID:
    
<>
Content-Type: text/plain; charset="us-ascii"

Michelle and others,

With regard to your question about bystander intervention programs for women, 
I 
am now available to present a program to college women that has a significant 
bystander intervention component called "Helping Friends Avoid Rape and 
Helping 
Survivors to Recover."  This is in addition to my established program for men 
"How to Help a Sexual Assault Survivor: What Men Can Do."

I also have begun to do presentations on the harms done by pornography called 
"Uncovering the Truth about Pornography."  I'm now booking dates for all 
three 
of these presentations for this fall and can be contacted at 
<mailto:>
 or at 405-338-8046.

John Foubert

**************************************
John D. Foubert, Ph.D., LLC
Associate Professor and Program Coordinator
College Student Development Master's Degree Program
Oklahoma State University
School of Educational Studies
314 Willard Hall
Stillwater, OK 74078
(405) 744-1480
(405) 744-7758 fax




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