Fifty Shades of Red Tape: When Bureaucrats Regulate Your Sex Life

Fifty Shades of Red Tape: When Bureaucrats Regulate Your Sex Life May 1, 2016

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Remember when liberals used to say, “Just keep the government out of the bedroom?” Who would’ve thought those were the good ol’ days?  Out-of-control government bureaucrats are regulating more and more as they strangle the freedom out of every aspect of life. 

Now, liberals are teaming up with two of their favorite groups – bureaucrats and trial lawyers – to try to pass regulations that could make every single one of us a rapist in the eyes of the law.

That’s right – the regulations are now coming to bedrooms across America. In just a few weeks, the American Law Institute – an organization of lawyers who lobby federal, state, and local governments to pass their model laws – will vote on whether to make “affirmative consent” laws a part of the model penal code.

So what are “affirmative consent” laws? These laws require you to explicitly ask and receive clear consent before engaging in every step of sexual activity.  Thus far, they’ve only been passed in coastal states and only apply to college students.  But the American Law Institute is dangerously flirting with the idea that these laws should apply to everyone, everywhere.

“Can I kiss you? Can I kiss you there? Can I touch you? Can I touch you there?” You get the idea. And if they don’t receive an affirmative yes, they eopen up the door for sexual assault or even rape charges.  In other words, these new laws make an already confounding area of criminal law – sex – into something even more complicated and potentially rife with injustice.

As the law works right now, rape and sexual assault are just like every other crime, including murder, armed burglary, and arson.  That’s as it should be.  If someone is accused of a crime, the burden is on the state to prove that the alleged perpetrator actually committed that crime.  The U.S. Supreme Court has long recognized this principle fundamental to our justice system, stating in Coffin v. U.S. in 1895, “The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.” That case also details the roots of the maxim, from Deuteronomy and the Mosaic law to Roman law and beyond.

In one fell swoop, however, this millennia-old principle is being tossed out. And for what? A law that’s impossible to enforce?

Under “affirmative consent” laws, the burden shifts to the alleged perpetrator to prove that he or she did not in fact commit sexual assault or rape.

It’s completely unconstitutional, impractical, and quite frankly, insane.

It’s not surprising though.  It seems that the sexual revolution becomes more of a totalitarian regime every day.   It throws common sense and responsibility out the window in the name of “freedom” and “progress”, all the while unraveling the legal and moral fabric of our nation.  

And now innocent people could now find themselves in the crosshairs. Consensual sexual activity can now get you thrown in prison for decades for rape.

Whatever happened to keeping the government out of the bedroom?

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TRENDING AT PATHEOS Politics Red
What Are Your Thoughts?leave a comment
  • LAUGHING at LIBERALS!

    Unreal

  • One-Eye

    Third Wave Feminism seems to have achieved what it has been striving for all along; to destroy the natural (if occasionally fraught) relationship between the sexes.

    Now, from the earliest age, young boys are being told that everything they do is wrong and everything they feel is bad. No more so than with their natural attraction and curiosity for girls. A stolen kiss on the cheek between third graders is now a cause for alarmist rhetoric and a suspending offense. A child who can barely tie his own shoes has now been accused of sexual assault.

    College-aged men, striving for higher education and the pursuit of their chosen careers, are being forced into mandatory ‘consent classes’ and being told, in no uncertain terms, that they are all rapists just waiting to happen. They’re told the enduring lie that one in four women on college campuses will be sexually assaulted, so just watch yourself.

    A smile across the classroom is now a ‘trigger’. Asking a girl her name is a microaggression. A pass at a party is now assault. And God help you if you actually manage to get a girl into bed. The sheer terror of what the ramifications could be should be keeping young men in their dorm rooms every night and avoiding female contact entirely.

    Due process will never be a factor. The school will expel you. The media will crucify you. Your life is essentially over.

    As for women, they’ve been told by regressive feminism that being a victim is not only empowering, it can also be lucrative. Hence the sharp rise in rape hoaxes and the professional victimhood industry crying about ‘online harassment’ for Patreon donations.

    This is the world feminists want us to live in. It appears they’re succeeding.

  • Pony Boy

    so what happens when the receiver was too scared to not give consent because they feared a violent reaction from the initiator?

  • Marion1

    Apparently Mark is not familiar with in rem actions. Drug and traffic offenses are lesser attainder offenses which carry an automatic guilty by law and the state need not prove anything. It’s always been that way.

  • Donald J. Sutton

    Thanks Mark for your continuous efforts to restore Liberty. Join Mark and a growing number of Citizen Patriots in the most robust implementation of the Article V solution. I did
    http://www.cosaction.com/?recruiter_id=246073

  • Gary

    Thanks Mark for for your efforts and standing up for Liberty!! I’m proud to stand with you on Article V. Join Mark, visit here to sign the petition, watch video’s and learn, and sign up to volunteer: http://www.cosaction.com/?recruiter_id=1351201

  • Michael Codding

    I know you and I agree that we have a federal government that is a runaway right now. Our debt is over $18 Trillion, our Congress doesn’t represent us, our President and Supreme Court are out of control, and there are no other credible solutions proposed to save the nation for our kids and grandkids. So if not Article V, then what? Look…the country is at stake. You can talk about all the problems…and that’s all that most people do. But this is the only credible solution as big as the problem. So invest some time and go to ConventionOfStates.com and check it out. There are videos that explain it all, from all sides. http://www.cosaction.com/?recruiter_id=1056585

  • Ron St

    Sounds like a “He said”, “She said” fiasco; all that needs to happen later is one getting mad at the other.
    The best solution to this nonsense is already in progress. Article V was put into our Constitution for just the problem we have today – a corrupt, out-of-control Federal Government. The Convention of States Project is designed to limit the power and jurisdiction of the Federal Government, impose term limits for officials and members of Congress, and impose fiscal restraints. Now’s the time to put an end to the out-of-control Federal Government. You can be a part of this historic movement by signing the Convention of States petition here: http://www.cosaction.com/?recruiter_id=1081273

  • Diane Larry Holzapfel

    let’s get the Feds out of the bathrooms and bedrooms..get informed, get involved

    http://www.conventionofstats.com

  • I echo the lady before me. PLEASE, people. Sign the petition. http://www.conventionofstates.com/ I would just add: Get the government out of the states business.

  • Bill

    I think this is just another ploy for attorney’s to increase business along with the liberals way of creating jobs as consent might need to be notarized.
    Maybe someone can creat an app to document places requested to be touched and acceptance given with fingerprint recognition. This could cause another dot com bubble.

    Well let’s bust the federal government power bubble.
    Join conventionofstates.com

  • MCM

    My favorite communist Nikita Khrushchev once said, “we will bury you.” He later said he was not making a threat, that the USSR would not invade the United States, but that the United States would destroy itself from within. He was right. Unfortunately for the USSR, while he was pointing one finger at us, three fingers were pointing back at him and his motherland. History is becoming clear. An abyss always awaits at the end of socialism and statism. Anyone want to move to Venezuela, Honduras, Greece or Russia? Also, China and many of the other socialistic European countries are nearing collapse.

    So why do I say Nikita was right about the United States? I am presenting the following facts about our country for your consideration:

    1) $19 trillion spending deficit.

    2) $200 trillion unfunded liabilities.

    3) 1.6 million pages of laws, regulations, unfunded mandates and executive orders during the George W. Bush and Obama administrations.

    4) Continuous undeclared wars since 2001.

    5) 3,000 page Constitution as interpreted by SCOTUS versus the 7 thousand word People’s Constitution and amendments.

    6) 59 million slaughtered unborn babies because 5 elderly men on SCOTUS interpreted the Constitution to include a fictitious right to privacy.

    7) Women and girls are now weary of pedophiles, perverts and rapists in public restrooms because of judicial activism.

    8) There will be worse tyranny to come if the Federal Government is allowed to continue to ignore the People’s Constitution and continues on the path to full socialism and statism.

    Yes, it is far past time that “we the people” enforce Constitutional Amendments IX and X and take back the power that our outlaw, runaway federal government has usurped.

    Some people believe the GOP will save the country. I did once when Goldwater ran for president in 1964, and I remained optimistic throughout much of the Reagan administration. Not so much since, and definitely not now after Cruz lost the presidential nomination. Out of the 125 Republican primary candidates for President in my lifetime, only 9 have been what I would call conservative. Those 9 are as follows: Cruz, Gingrich, Santorum, Keyes, Forbes, Reagan, Ashbrook, Goldwater and Taft. Also in my lifetime, there have been 12 Republican presidential candidates and, as you can see from the above list, only 2 were conservative – Reagan and Goldwater. Finally, only 1 out of 5 Republican presidents was conservative – Reagen. The batting average for all three categories is about 150. Not so good if you want to play in the major leagues. I would say Congress is even worse, and SCOTUS is batting a dismal 50.

    Fortunately, our founding fathers foresaw this predicament and gifted us with the solution called Convention of States. Convention of States is a convention called by the state legislatures for the purpose of proposing amendments to the Constitution. The legislatures are given the power to do so under Article V of the Constitution.

    Convention of States Action, a project of Citizens for Self-Governance, is active in all 50 states, helping to insure that an Article V Convention of States will become a reality in the near future. To learn more about our project visit our website at:

    http://www.cosaction.com/?recruiter_id=1501881

    Please consider signing our online petition and signing up to be a volunteer. Help us use our Constitution to preserve our Constitution, and preserve our liberties. We owe it to our children and grandchildren.

  • Katherine Appello

    Government needs to focus on fiscal house in order and Constitutional common sense, general common sense, which seems to not have. We are going to self destruct from within, which is why an Article V COS is needed.

  • Mark Johnson

    Th leftist agenda is to pound away ceaselessly on every front in the interest of advancing the consolidation of its power over the states by an all power national govt – this is the nightmare that was envisioned by the framers and ratifiers of the constitution during the founding era. Our only legal option is for the states (congress is never going to act) to amend the constitution such a way that the national government’s power is restrained, as was originally intended by the framers.

  • Rick Amundson

    I can see all kinds of problems here. Any discord between involved parties after the fact leaves one or more of the participants open to rape charge. Contrary to what constitution states the accused will have to prove their innocence. This would require amending the constitution which states that accused are entitled to due process(except those accused by IRS). The only legitimate way of amending constitution is through Article V.

  • M Sellers

    This is a perfect example for why we need to hold a Convention of States. We the people can fight back…and WIN! We don’t have to continue to watch Washington DC take control of every aspect of our lives. Our Founders gave us Article V of the US Constitution which gives the States the power to reign in Washington DC. The Convention of States Project is active in all 50 states and needs your help. Join me and the hundreds of thousands of citizen patriots who have said “enough” and are working to restore liberty. Please sign the online petition: http://www.cosaction.com/?recruiter_id=1113502

  • Brent Dunklau

    The degree to which the federal govt has become involved in our lives has reached the “absurd” threshold.
    Time to reset the balance of power.
    Time for a convention of the states.

    http://www.conventionofstates.com

  • WetlinaWoman

    We’re desperate, “under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.”

    http://www.conventionofstates.com/citizens_toolkit

    Join us in a resetting of American priorities.