Let Those Involved in “Consensual Sex“ Beware

Jul 22, 2016 by

Michael F. Shaughnessy –

These are difficult times. These are legalistic times. These are the times that try everyone’s souls ( loosely taken from Charles Dickens’ Tale of Two Cities and of course, Thomas Paine’s Common Sense).

While I would like to comment on some of the recent scathing attacks on plagiarism, and what can and cannot be lifted and how much something must be cited, and to what extent it should be cited, I am more concerned about George Leef’s most recent piece about two college students, and this issue of “ consensual sex” and how one goes about proving that it was in fact, consensual- either before or after the fact. Does a college student need to have a notarized piece of paper, witnessed by an attorney before they can engage in “consensual sex”? It appears that it might not be a bad idea- witnessed by two cases, discussed by George Leef below.

One of the cases involves the captain of a basketball team, and methinks that someone decided to make an example of this individual. And in the other case, Doe vs Lhamon, there is certainly some concern about “preponderance of the evidence” and begs the question, what can one person do after consensual sex, when the relationship goes bad, or when unrealistic expectations are not met, or perhaps when one finds out that the other person has some type of sexually transmitted disease (and does that constitute “ assault”?)

Now, certainly, if someone is aware that they have a sexually transmitted disease and infects another person, that individual is certainly acting in an unreasonable fashion, and there should in fact, be some legal proceedings that follow.

Will some “ form” be developed that has to be signed before two college students engage in “ consensual sex” and will some form need to be signed before a variety of other sexual activities are engaged in?  And at what point do the police need to become involved?

As usual, George Leef has discussed these things in depth and I would encourage relevant parties to think about and consider these issues (particularly administrators on college campuses) and other salient individuals.   George’s insightful article is below :

http://www.forbes.com/sites/georgeleef/2016/07/22/victims-of-education-departments-unfair-sexual-assault-rules-counterattack-with-lawsuits/#77e70e6a7ce8

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