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Originally Posted by DrModern
I do not believe Louis C. K. that the conduct he engaged in was consensual--this has been a standard line from virtually every man who decided to go the apology route for obvious reasons. But let's talk about this theory you have there's something inherently ambiguous about the idea of consent.
If Louis C. K., in a private setting, asks a woman he barely knows if she would like to watch him masturbate, and she against all odds says "yeah, sure, man, whip it out and start cranking down," he isn't engaging in misconduct if he then goes for it. It's a pretty disgusting and absurd use of his status as a celebrity, but whose rights are being violated?
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Originally Posted by microbet
Should anyone know how to handle it if someone asks if they can masturbate in front of them? Well, it would be good if they could and there was a knowable right way, but violating the bounds of normalcy that much is inherently threatening.
So, seems like the critics here have this solved: here's an example of something that clearly is uncomfortable and causes harms and on the one hand, we think notions of consent are meaningless because of the egregiousness of it but on the other hand, consent can actually be freely given and therefore Louis CK is good to go (DrModern squares this by simply saying he's lying; fair enough I guess).
I realize you are of course two different people but I feel like you guys should talk among yourselves. Both of your responses are really for each other, neither for me.
My take is that the notions of consent are pretty murky, women may say all sorts of things to get out of an awkward situation, or be taken aback, or men so clueless and delusional that it's predictable how often the accusations break down into a bunch of competing narratives.
So the simple solution: HR, co-workers, management, etc. simply defer to the heuristic of determining who is wrong by whoever provoked the encounter. Don't ask people on dates, don't try to flirt, don't try to be funny in a sexual way, and if someone comes out of those situations feeling harm, we know who's guilty, full stop.
"Are some behaviors too egregious to consent to" versus "no, you can consent to a colleague beat off in front of you" is for you guys. For me, if the woman complains, the man gets the reprimand/firing/liability whatever for any behavior where a woman is made uncomfortable at work regardless of impressions of consent.
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This is getting quite tedious, but as was already explained, there's no entitlement to romance anywhere. An identical argument for more conservative norms and mores could be made about virtually any setting. For instance, a lot of women rightly complain about street harassment.
I agree. Rococo made a sage point about college campuses. We should absolutely be reconsidering our sexual mores in light of the huge amounts of victimized women. It's frankly abhorrent if we wouldn't.
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So, perhaps we need to increase the police presence and install more surveillance cameras on public streets, in government-managed parks, at airports, in train or subway stations, in garages and parking lots, etc. Opposed to it? You must have something to hide.
Just a bunch of inane strawmen.
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In short, my criticism of your posts ITT is not just that they suffer from a lack of legal knowledge--though they do--but that you're confusing the sincerity of your concern for empirical understanding of the nature of the problem.
I'd reiterate I'm not making a legal argument so I don't even see what legal argument there is to critique. That's just your slapdash claim to say current sexual harassment prohibitions in law are sufficient or to increase liabilities (which is basically hardly any different than what I'm describing; you just didn't bother to calculate the next step of how businesses would react to a bunch of incredibly severe punitive judgements in favor of the harassed). So a red herring here.
Last edited by DVaut1; 11-11-2017 at 12:31 PM.