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

 "informed" is better than "effective" or "affirmative" - but "knowing, 
intelligent and voluntary" is a way of making sure that "informed" is not 
misused to burden the victim - e.g. "she knew what she was getting herself in 
to"! - 

if informed means what we want it to mean - there's no reason not to use 
"knowing, intelligent and voluntary" because these words actually explain 
what "informed" should mean - 

"informed", at best, means "knowing" - and does not allow for reduced 
inability to process the "information" - such as problems with compromised 
voluntariness (intoxicated but not severely drunk) - or lack of intellect - 
nor does it deal at all with issues around coercion/manipulation etc - 
because one can be "informed" AND coerced - 

wendy murphy


 


 

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Sent: Mon, 18 May 2009 9:03 am
Subject: SAPC Digest, Vol 1200, Issue 1










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Today's Topics:

   1. consent (Kile, Marilyn J)
   2. Bystander Intervention Programming (Adriane Bang)


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Message: 1
Date: Mon, 18 May 2009 09:47:35 -0500
From: "Kile, Marilyn J" 
<>
Subject: consent
To: 
""
 
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The definition of consent in Wisconsin law that I use it as a teaching tool 
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."

 I think informed consent is a valid concept.  It means you know what you are 
consenting to.  It takes away some of the "it was just a 
misunderstanding/miscommunication" 
excuse.  Therefore yes to "Do you want to mess around?" or "Do you want to 
come 
up to my room?" is not considered informed consent to any specific sexual act.

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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-----Original Message-----


Message: 1
Date: Thu, 14 May 2009 12:54:17 -0400
From: 

Subject: Re: SAPC Digest, Vol 1198, Issue 1
To: 

Message-ID: 
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 "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




 

**********


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Message: 2
Date: Mon, 18 May 2009 08:55:49 -0600
From: Adriane Bang 
<>
Subject: Bystander Intervention Programming
To: 
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Good morning. I?m interested in collaborating with staff in our campus
Housing , Wellness, and Sorority/Fraternity Life departments to
develop and offer meaningful programs around bystander intervention or
sexual assault prevention. Would folks be willing to share about
research or programs that have worked well on your campus? Thanks!


Adriane Bang, LMSW
Boise State University Women's Center
1910 University Drive
Boise, Idaho 83725
208-426-2406


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