Rape is wrong.
We know that. We’re told this, we know its wrongness in our guts, and those who suffer this crime testify to its inherent destructiveness.
Humans by nature possess certain rights. So what right does rape violate?
The answer is this- the right to sexual choice.
One might posit this could simply fall under the right to one’s body. However, many also know that decisions regarding sex fall upon a spectrum of decisions that both include and transcend the spectrum of decisions regarding one’s body. Some experiences have nothing to do with one’s actual body or sharing it with someone else. These decisions involve a distinct aspect of humanity deeper and more intimate than bodily decisions. They must be distinguished from one another.
So what does this right entail? Essentially, imparts upon every individual absolute right to and power over any all decisions regarding personal activity that is sexual in nature. Sexual assault and harassment are obvious and the most direct violations of that right.
There is another essential part though- that one’s right to sexual choice should not be unduly restricted, limited, or be a reason to infringe on other rights and privileges of an individual.
What is the resulting culmination or application of this? I’ll lay it out basically for you (all of these are assuming all involved parties have consented to all included conduct):
You can have sex with your spouse
You can choose to never have sex at all
You can choose to be with someone of the same gender
You can choose to be with someone who is nonbinary
Want to experience BDSM? Go for it.
Want to be explicit over the phone? Sure!
Want to participate in an orgy? No one should be able to stop you.
Want to experience your pleasure alone? Have at it.
Want to join the sexual entertainment industry? Go for it.
You even have the inherent right to voluntarily exchange sexual intimacy for goods, services, and money.
So long as you and everyone involved have completely and voluntarily consented affirmatively, no one should have any power to prevent or punish you for your sexual decisions.
I know that there will be some of you who read this and scoff or act appalled at these suggestions. You have every right to believe what you want regarding sex. You do not have the right to impose those beliefs on others. There’s also no need to be afraid of what other people are doing sexually in their lives. It’s not up to you, it doesn’t affect your rights, and it’s generally not your business.
Others might be thinking, “Ok, I can see what you’re saying, but what is this about consent? What about pedophilia and necrophilia and bestiality? IS THAT OK JAMES!?”
You are right about something there, random person- we need to talk about consent.
It is absolutely essential that all parties potentially or actually partaking in sexual activities consent to everything that is going on. There are two components to this: initial affirmative consent and continuous, specific consent.
First, consider consent itself. Consent must be affirmative and completely voluntary. Neither silence nor inaction constitutes valid consent. Consent which is coerced, made under duress, or made under conditions of reduced or undeveloped mental faculties (intoxication, childhood, brain injuries, illness, emotional distress, comatose states, death) is also invalid. Obviously, animals cannot give consent either.
Second, initial consent is necessary. This somewhat boils down to “Yes, I will/would like to engage in this activity with you.” This is something that should be confirmed before engaging in a given act. Always. Sometimes you may develop signals with another person or group of persons, of course, but everyone must be clear on what those signals mean.
Additionally, ongoing consent is also necessary. This means two things:
- If one or all individuals involved no longer wishes to continue, consent is withdrawn regarding further action. Continuing violates this right.
- If, the course of partaking of activity in general, a specific act is rejected or not expressly consented to, doing that act anyway violates this right.
Ultimately, it is of utmost importance to communicate clearly and continuously and respect everything you and your partner(s) communicate to one another. So long as everyone involved validly consents, the world of intimacy, by rights of nature, is yours to partake of as you see fit.
There is one last thing I wish to be explicit about and re-emphasize. Laws and regulations which restrict or deny the ability to choose whether or not to partake in such activity or which discriminate against individuals for doing so are violations of the right to sexual choice. Specifically, maintaining this right requires condemnation of anti-LGBTQIA policies. Even if you don’t like it or agree with it, there is no inherent or derivative right to impose those views in violation of the right to sexual choice.
