Tuesday, June 16, 2020

Does "Affirmative Consent" Contribute to Systemic Racism?

I have a number of concerns about "affirmative consent" rules on college campuses.  The effect, indeed the purpose,  of these rules is to remove the presumption of innocence and to remove the requirement for objective evidence.


  1. There is no presumption of innocence and the burden of proof is upon the man to demonstrate that a woman's claim is false.
  2.  There is apparently no evidence that "affirmative consent" actually works:     https://smolyhokes.blogspot.com/2020/01/rape-culture-and-affirmative-consent.html
  3. Because no evidence, other than a woman's assertion is required, the panel making the "expulsion from college" decision must decide whether the woman's story is more credible than the man's story. If the man is black, will that make a difference to the panel?  With no evidence required, what role does underlying racism (even if unintentional) play in these expulsion decisions?

I don't know the answer to point 3, but  not requiring evidence seems to open up Pandora's Box for possible systemic racism.  What are the statistics?  For instance:

  1. Are black men more likely to be accused of not obtaining "affirmative consent" than other men? 
  2. Among accused men, are black men more likely to be expelled  than other men?



Also, consider that some women are trained to be against rationality and objectivity:


https://mckinneylaw.iu.edu/ILR/pdf/vol32p1247.pdf


" ... Therefore, it should not be surprising that “law” incorporates and reflects male gender traits. Some of these traits are identified as the preference  for rationality over other ways of knowing (e.g., intuition); for objectivity over subjectivity...  "


When people of good will are asked to make judgments, the careful consideration of evidence can  act as a restraint against their biases, whether conscious or not. When objective evidence is  not required and the presumption of innocence is removed, can justice possibly prevail?  Judgment  by intuition and subjective feelings?

https://smolyhokes.blogspot.com/2018/11/female.irrationality.html

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