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When does a watershed become a sex panic?

12/21/17 | by david2 [mail] | Categories: Bread

Link: https://www.newyorker.com/news/our-columnists/when-does-a-watershed-become-a-sex-panic

The affirmative-consent and preponderance-of-the-evidence regimes shift the burden of proof from the accuser to the accused, eliminating the presumption of innocence. If the presumption of innocence is rooted in the idea that it is better to let ten guilty people go free than risk jailing one innocent person, then the policing of sex seems to assume that it’s better to have ten times less sex than to risk having a nonconsensual sexual experience. The problem is not just that this reduces the amount of sex people are likely to be having; it also serves to blur the boundaries between rape, nonviolent sexual coercion, and bad, fumbling, drunken sex. The effect is both to criminalize bad sex and trivialize rape.

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