I Thought She Consented

In Marsha Baron’s “I Thought She Consented,” she talks about how consent is portrayed in the law. For a long time in order to be convicted of rape there had to be not only non-consent, but also physical force (beyond normal sexual force). There are far more things that need to be taken into consideration in these cases. Baron does not believe that it is necessary for force to be required in a rape. The more apparent thing she tries to exemplify in this piece how the law should not exonerate people for so called “mistakes.” How is it possible to prove if one acts negligently?

                Baron’s position is that one should be tried as guilty on an account of rape unless there was a reason to believe that she consented. We can no longer except excuses of consent that are so seemingly farfetched. We discussed in class an example where a young boy thought that when a girl said no during sexual activity, she did not really mean it and that she really wants you to keep going, because that is what his two older brothers told him so he believed them. I do not understand how any logical person can entertain the argument here that these beliefs are suitable for someone. “If the man lacks the capacity to act reasonably, his responsibility is called into question with respect to a wide range of conduct. But his incapacity would have no bearing on what mens rea should be required for rape (or any other crimes)(Baron 13).” Laws that protect these beliefs are also protecting rapist from being convicted as guilty!

                Another thing discussed was if the consent was not addressed or unclear, it should be asked or reassured. This is something I think is so important to stress. You must wonder if these accused were truly innocent and not trying to rape the person, why wouldn’t you take that one second to confirm if this is okay. Thinking she consented is one problem but not knowing if she consented or being unsure is a whole other problem that should not be accepted. Agreeing with Baron, we should legally require people to observe more care.

                Maybe the bigger picture here is the unclear universal signal for no. Clearly, simply saying no is not enough for people. I feel we need to stress, on both ends, the importance to express how they are feeling in the situation. If someone is uncomfortable they should verbally or physically express that clearly, to not be mistaken as “teasing,” and once those feelings are expressed they should be respected by the partner.