Consent

The post over at SD's blog on Consent really got me thinking. What is consent? Sure there is the dictionary definition but in the real world what does it really mean to give consent? In its most basic form I take it to mean that I agreed to something. I'll even expand that slightly. In order to give consent I must actively agree to something. It seems like one of the only time consent even comes into question is in regards to sex. I already posted the legal definition... at least it's the legal definition in Canada.

In a nutshell I believe that in order to consent both parties must be capable of giving consent. Alcohol obviously impairs this ability. The decision must also be made free of coercion. Lastly, consent is an active process. Not saying no is not the same as saying yes.

If I look back at the times I was assaulted alcohol was a factor in 4 cases. It's very easy for me to rationalize it and say that I was just drunk. That I just regretted it later. But alcohol rapidly impairs my judgment. In fact, three of those times I had alcohol poisoning. With that much alcohol in my system there is no way I was legally able to give consent. With Mike I initially agreed and then stopped. For as drunk as I might have been I said no. Then I passed out and he decided to keep going. That was what I woke up to.

When alcohol was not a factor it was about power and my own naivity. I always believed that people were inherently good. My parents did a lousy job of teaching me those important life lessons, such as who to trust. In fact all I knew was manipulation so for someone else to play me like that came as no surprise. So that involved coercion instead of alcohol.

I'm sure the other party would (and has) argued for implied consent... that they didn't realize I said no. In spite of the fact alcohol is not a legal defense sexual assault is still about he said/she said. In fact my charges against Mike were dropped because of a lack of witnesses. But the one thing I come back to, time and time again, is that I did not actively give consent.

It's still tough to put the blame where it belongs, with the other person. I still have the tendency to want to blame myself... If I hadn't gone out that night.... If I hadn't been drinking... But, at the same time, other people need to be responsible for their own actions. Alcohol means that you are incapable of giving consent. Sex does involve 2 people and both of them have to give consent to the activities.

I think part of the reason it is so tough to blame the other person is because then our sense of justice and of safety gets shot to hell. It also means we have to give up the illusion of control. Not to mention the fact we often know our attacker. We don't want to admit that the people we know are capable of this... to put a face to the monster.

I'd like to say it's easy to get past it and move on with your life. I wish that was true. It has shaped many aspects of my life... how I see the world... how I see myself... my views on sex... and I'm still an insomniac. But that's why they say healing is a process and not an event. But to anyone that has been victimized it is not your fault. You did not deserve this. Nothing gives them the right.