As we’re regularly informed by media outlets and websites, we are in the middle of a rape epidemic, with skyrocketing rates of rape (especially on the campus). Wendy McElroy discusses the new White House initiative for “affirmative consent” and the actual statistics on sexual crimes:
It is called “affirmative consent.” It is a new front in the growing regulatory oversight of the most intimate aspect of personal life: making love or having sex. If the White House Council on Women and Girls gets its way, then the doctrine of affirmative consent will regulate sex on a campus near you. It may already be happening.
Affirmative consent is sometimes called “enthusiastic consent” or “yes means yes.” It is intended to replace the current standard of “no means no.” By that standard, the noninitiating sexual partner — almost always assumed to be the woman — needs to decline sex in some manner for the act to be legally viewed as rape. She can verbally decline, try to leave, or push the man away; her “no” can be expressed in many ways.
[…]
The legal standard of affirmative consent is said to solve these perceived problems. The person initiating sex must receive explicit consent before and throughout the sex act in order to escape the specter of rape. In practical terms, this means the man must receive explicit consent from the woman prior to and during a sex act, or he becomes vulnerable to being criminally charged.
When I read this, I instantly imagined a re-worked “sexual purity test” questionnaire for the new affirmative consent requirement. If it hasn’t already been done, I’m sure it’ll be posted somewhere within the week.
On the rather more dubious claim that rape is increasing, the stats don’t back that up at all:
There is a proximate cause for the growing campaign to assert affirmative consent on campuses and in legislatures. On January 22, 2014, the White House Council on Women and Girls issued a paper entitled “Rape and Sexual Assault: A Renewed Call to Action” (PDF). It stated, “1 in 5 women has been sexually assaulted while in college.” That’s a stunning statistic. Or, it would be, if it were true. It is not. And the New York Times headline, “Obama Seeks to Raise Awareness of Rape on Campus,” printed on the same day as the council’s report was released, can’t turn falsehood into truth. Nevertheless, the task force established in the wake of the report will almost certainly validate its findings and act on them.
The truth: the rate of rape has fallen sharply since 1979.
In March 2013, the U.S. Department of Justice reported,
From 1995 to 2005, the total rate of sexual violence committed against U.S. female residents age 12 or older declined 64% from a peak of 5.0 per 1,000 females in 1995 to 1.8 per 1,000 females in 2005 (figure 1, appendix table 1). It then remained unchanged from 2005 to 2010. Sexual violence against females includes completed, attempted, or threatened rape or sexual assault. In 2010, females nationwide experienced about 270,000 rape or sexual assault victimizations compared to about 556,000 in 1995. [PDF.]
The White House Council’s report is also biased in its presumption that the majority of sexual assaults are committed by men against women. The council states that “1 in 71” men is raped in his lifetime, as opposed to “1 in 5” women during her college years. But this figure appears to conflict with the landmark 2007 “Sexual Victimization in State and Federal Prisons Reported by Inmates” conducted by the Bureau of Justice Statistics (BJS) within the Department of Justice (DOJ). The BJS report indicated that around 60,500 prisoners were sexually abused in one year alone. Since the prison population is overwhelmingly male, it is reasonable to assume most of the victims were male as well. (Indeed, of the ten prison facilities found to have the highest incidence of “nonconsensual sexual acts,” eight had only male prisoners [PDF].)
