2 Paragraphs 4 Liberty: #46 “Liberty and Sex on Campus”

               There is an increasing movement on university campuses to require express and sometimes even written consent before parties engage in sexual activities – at each step of the way.  This is another example of trying to address every problem by passing yet another law.  Of course rapes and sexual batteries are serious matters, and they are rightfully criminal violations.  So when they occur, call the police!  But the present laws on the books are sufficient protection without universities taking the form of government and nosing even further into our bedrooms and private lives.

And talk about the Law of Unintended Consequences.  Does anyone seriously think that imposing these consents upon sexual activity will do anything good?  Without even addressing the dampening effect it will place upon emotional relationships, what should those written consents say?  “May I take off your shirt?” or, “That takes care of the left shoe, how about the right?”  And, by the way, which partner will keep them?  And for how long?  What is to keep the custodian from destroying it the next day?  Or the non-custodial party from saying that is what happened?  (Talk about “He said; she said.”)  Furthermore, in today’s world those written consents could really have marketable value.  In fact in some cases, particularly when one lover has been jilted, they would probably even be auctioned on the Internet!  “Having trouble finding a sex partner, here are the names of some active potentials!”  The possibilities for mischief are virtually endless.  (“Have sex with me once more, or I will mail this consent to your sorority, parents or new boyfriend.”)  So in this, like in most types of human activity, sexual relationships are matters of Liberty – and Responsibility!  And no university or other governmental do-gooding will change those facts.

Judge Jim Gray (Ret.)                         

2012 Libertarian candidate for Vice

President, along with Governor 

Gary Johnson as the candidate for President

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