at some point i'm gonna have to write up a whole post about how "consent" (in a sexual context but also broadly) is a concept that stems from legal theory and is, as with most things, a social construct. okay whoops i did it here
an important social construct nonetheless! but like a lot of things about how we conceptualize consent, and the flaws therewithin, i feel come from treating consent as like. some vague form of social magic, and not a concept we made up and have been actively re-making up, and also that trying to take a legal concept and use it as the sole framework to analyze messy human relationships is always going to be problematic.
like. part of the reason the difference between rape and sex in ancient greek/roman myths are so blurry is because (people classed as) women could not consent, legally, because they could not be legal actors* at all. sex and gender and patriarchy are all ultimately about property and wealth. in order to get a wife who will take care of your household and provide you with heirs, you need to get permission from some daughter's father to make her your wife and have sex with her. if you have sex with her without permission, that is rape - because the term "rape" comes from a Latin term which literally just means seizing something by force, stealing something**
at the same time, people did have a sense that the woman in question could have opinions on the sex she was involved in and be more or less a willing participant, and that matter a variable degree depending on the situation. but "rape" was never supposed to be about the harm of violating a person's bodily autonomy, it was about legally regulating the violation of property and punishing those who broke that law. which also meant a woman could be "raped" when she was having willing sex with a person of her choosing, because it wasn't of her father's choosing. and this also means that "person choosing to be a slutty slut whore and cheat on her husband" and "person being forced to have sex against her will" are two situations that might be categorized the same way, making victim-blaming VERY common and easy.
what feminism did was say hey, (people classed as) women can be independent legal actors, and legally you need the person you are having sex with's permission to have sex with them, because they own and represent themself, legally. the sexual damage was re-conceived as coming not from the economic or spiritual or social damage to a father's reputation or a family's honor but the harm done to the victim themself. that change was genuinely vital! it is EXTREMELY important that "rape" stopped being about anyone's permission but the person actually involved in the sexual encounter.
but this is where we get to the problem i mentioned above. consent in this legal context can be much more black and white (although not completely) because the ultimate goal of considering consent at all is figuring out if a law was broken and what to do about that. when it comes to interpersonal relationships and sociopolitical context, things get a whole lot messier.
this is where you get issues like the "enthusiastic consent" model. it seems like a very good idea to define sex around not just willingness but desire, but then you have situations where people are insisting that sex workers are being raped because their sex isn't "enthusiastic" because of the economic factor. which creates a situation where everyone involved in a sexual encounter is saying "yes, i am willing to do xyz with you under these conditions," but a third party finds this problematic. which, you might notice, is VERY similar to the exact situation we were in before that feminist approach to consent, where what a person can choose to do with their body depends on what some other, unrelated but "more knowledgeable" party feels they should be allowed to do. and with that considered, i must ask if "consent" really should be doing the work of weighing desire and emotion and the immense complexity of how that relates to our choices.
similarly, i do not think adults should have sex with children! i think that is not good. but ultimately "legal minors cannot consent to sex with adults" is a legal construct. the law does not recognize sex an adult has with a person under 18 as consensual because that is how our legal framework currently seeks to prevent children from sexual harm from adults, by saying "this class of people is not legally capable of consenting." that doesn't necessarily make it the best way to accomplish that goal, but it is how the current framework goes about it. that can be true without claiming that "minors can't consent because their innocent underdeveloped brains are incapable of having genuine sexual desire and seeking it with an adult" because that just isn't true! and it can diminish the subjective experience of many young people with sex and sex work and deprive them of the ability to understand their own desires, what it feels like to be taken advantage of, what choices they made and why, etc. and can serve to alienate survivors who do not narrate their experiences with sex as a minor in the "appropriate" way. all because the legal inability to consent is conflated with a biological inability to desire or will.
ultimately right now my opinion is that we should try to distinguish between consent and will and desire and allow for shades of grey and multi-dimensionality in our sex lives and moral frameworks. i think someone who does sex work because they are in poverty and disabled and can't get another job should be allowed to explore and express that experience on their own terms, navigating the questions of what they chose and what they didn't and what "choice" actually means for them and what they need and want and how we as a society should react to them having been in that situation, without having people, unrelated to any of the actual sex had, try to do Morality Math to decide whether or not it was "consensual" or "not." we make up the law to help structure our society and our legal frameworks should not be the basis or the extent of our moral frameworks.























