Speak No Evil
Creating a world where rape and consent is understood as a lingusistic fact versus an atrotious act that ‘just’ happens
What is consent?
Consent is not a binary concept that could be easily defined. It is a topic that needs much more in depth understanding and consideration that there are several answers to as it is, what Sharon Marcus would describe, as a linguistic fact. Let us begin with consent being affirmative, such that it is the presence of a yes and not just the absence of a no. An individual has the right to declare with their body, their words, and actions as to what a yes is defined as. This affirmation does not also mean to convince them!
Consent is active! I do not mean that when the individual is silent while the other is initiating the act, it is consent since they are following suit. If a person does not state that they actively approve and are engaging in the act with full enthusiasm, it is not consent. With that being said, may I also remind the world that participation is not consent! Yes, a person may follow suit with silence in an intimate setting; however, their silence and participation does not equate to active consent. There must be enthusiasm in their activity!
Consent is Freely given! It must be something that is not pressured but understood as interest that can be withdrawn and is never implied. It must be a conscious decision, meaning that the person cannot be under the influence or incapacitated to the extent of unconsciousness.
Consent is Ongoing! Just because you agree to one behavior at one point does not mean it is agreed during the rest of the duration. It also does not mean you agree to another behavior. An individual has the right to say no after, during, five minutes in, it doesn’t matter.
The Linguistic Affect
In Sharon Marcus’s, Fighting Bodies, Fighting Words: A Theory and Politics of Rape Prevention, she explains her theory of linguistic fact as the spoken and unspoken language in the acts leading to intimacy. Marcus states,
“…what actually happens during rape attempts and on differentiating as much as possible among various rape situations in order to develop the fullest range of rape prevention strategies… treat it as a linguistic fact…Another crucial, literal way to understand rape as a linguistic fact is to highlight the presence of speech in rape. “
Marcus is basically stating that the world needs to accept the fact that rape and sexual abuse is not something that just happens but has an entire range of lingualism that developed towards the actual behavior. There’s a series of interactions that go on from the moment they lock eyes to the first touch. Marcus then states,
“Contrary to received wisdom, which imagines rape as a wordless, absolutely impersonal attack…Many rapists initially engage their targets in friendly or threatening conversation; many speak a great deal during the rape and demand that the women whom they rape either talk to them or recite particular phrases.”
There is a need to understand the importance of the linguistic fact within consent and what is often misunderstood that resulted in some forms of sexual abuse. Marcus explains that most abusers engage in friendly or threatening conversation and to highlight the importance of speech within rape.
Aziz An-SORRY
I am sure you have seen this comedically known ‘nice guy,’ self represented feminist Aziz Ansari, on the hit show, Parks and Recreation, along with his own project, Master of None. He has done a very good job at representing himself as someone who is down to earth and dorky, whom someone would enjoy a night out with, so when the opportunity came around for Grace, she took it. I mean, who wouldn’t want to go on a date with a celebrity that could actually make you laugh!
Unfortunately, as you read above from the text message interaction between Aziz Ansari and Grace*, he did not understand, like most of society, what consent is and the different types of it. If a woman, such as Grace* did on this date, goes up to your apartment, you are not entitled to sex or any sexual activity. If she decided to kiss you and perform acts but said “ slow down, lets chill,” that generally means get off and chill out.
The linguistic fact here is that Grace* unspokingly stated her disapproval and uncomfortableness during the intimate moments of the date where Aziz An-sorry made assumptions that there was consent. Since when does going back to hang out at your place mean you are definitely going to have sex? How many times does she have to make you put your clothes back on and move her hand away from your bulge, where you so nicely placed it?
There was no affirmation, freely given, ongoing consent in this date to suggest in any way that Aziz was not guilty. Grace* continuously stopped the speed of intimacy and asked if they could just talk and hang out instead where Aziz acted as if he understood. It is not about the assault itself, but instead the linguistic fact in between and before the action where she used social cues and body language to stop their interaction.
Consent is not only a U.S. Issue
To think and believe that the issue of consent and linguistic fact is only United States based would be extremely naive to think. For instance, France has faced many issued on the age of consent as it was 13 years of age in the previous years which thus lowers the market for predators to hunt for. 11-Year Old’s cannot vote, drive a car, work without permission; however, they can consent to sexual activity. We tightly regulate the female body and what women can do with it but for what purpose? What is the obsession with regulation?
The law is backing them up in underage consent and is not about what happens to those two people but it is about a system that is having us believe that consent should be understood in a certain way; its bigger than Aziz Ansari and is ingrained in the justice.
Citizens of France are enraged so much so that the government has chosen to raise the age of consent from 13 to 15. Let us just take a step back for a second and really think about this age jump. I don’t understand how a child cannot vote, drink, drive or do anything of the actual though provoking and consent insisting activities but is allowed to actively participate in sexual activity.
Sharon Marcus was on the right track when she had us think about what linguistic fact is and how it is intertwined with the actions that follow towards sexual abuse. We need to create a world where rape and consent is understood as a linguistic fact versus an atrocious act that ‘just’ happens. Things do not just happen but rather are in the process of occurring through a series of interactions.
