Sex, booze and affirmative consent on campus 2

by Stefanie Lefebvre

(This is part of a series posts from students in Sociology of Drink. I credit authors my name when they have given me permission to do so.)

Yes means yes.  From a sober perspective it seems easy enough to understand, but add a little alcohol and the lines begin to blur.  In response to sexual misconduct complaints, universities are implementing affirmative consent policies, designed to protect students from sexual predators, but do they protect students fairly?

This is the question that I asked of 10 Texas Christian University (TCU) students (5 male, 5 female):  Are university affirmative consent policies effective at protecting both male and female students in a fair, just and unbiased manner?  

Their responses were divided, but all of the responses showed some confusion and ambivalence about the issue.  The male students did not feel the policies protected them fairly, while the female students did feel the policies were fair, unbiased and just, although they all agreed consent must be a clear “yes” from both parties involved.

From the female perspective, they felt that men were more aggressive and advantageous when drinking.  The women interviewed said that men, in general, had power and control on their side, which put women at a disadvantage.  “Women need someone to protect them and that’s what campus policies help do.” said one female student. 

On the other hand, the male students interviewed had a different perspective.  They felt as though the policy, while intended to protect all students, is in reality, gender biased.  They told stories similar to Jane and John’s story in the article “How Drunk Is Too Drunk to Have Sex?” by Amanda Hess.  They expressed fear in having sex with any women who has had even one drink for fear she’ll have remorse or regrets the next day and then turn them in for something they believed to be consensual. 

Furthermore, males felt that they were unfairly being held to a higher standard than women and that women, who at times are more sexually assertive, were less likely to receive equal repercussions.   Some believed this is due to a societal double standard, wherein women who have casual sex are seen as sluts and men as studs.  Because of these labels, women are more likely to have regrets post casual and consensual sex than men.  The male students believed that negative social stigma’s increased feelings of post-sex regrets more so for women than men, which in-turn leads more women to file complaints than men.

But when does regret equal rape?  Both men and women agreed that regret doesn’t equal rape but consensual sex lines are very grey.   Additionally, most of the men I spoke with felt that having policies are all well and good but did not feel it was appropriate for universities to adjudicate sexual misconduct cases.  As one male student said, “Universities are not police or judiciary experts.  And yet they feel it is just to expel a student based on the words of another without due process.  Whatever happened to ‘innocent until proven guilty’?” 

I have to say that I agree with him.  All students deserve to be protected and for those accused, they too deserve the opportunity to have experts hear and try their case, not amateur university employees.  In this regard, it is my opinion that the current system is gender-biased and universities should follow constitutional due process.