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Stuff like this makes me think that "consent", as a binary yes/no, is not a good model of human relations. Like, we all agree that having sex with who's falling-down drunk is wrong, even if she enthusiastically says yes. And there's no clear line for "how much alcohol is too much." For age, there's a clear legal line, but most people still think it's creepy for a too-old man to have sex with a too-young woman. But everyone has different opinions on how much age gap is too much. A supervisor at work dating their employee is also not inherently illegal, but there's a lot of guidelines about it and situations where it can be considered into sexual harassment.
In this case, there's all sorts of things that create a power imbalance. The guy was rich, famous, and apparently charming. He had legions of fans reading his stuff when they were teenagers, so he was effectively "grooming" them without even having met them. He liked to play dom during sex, and had a lot of experience in it, while he was meeting young women with very little experience. It seems like he met a lot of women who were enthusiastically into it, to the point where he might be genuinely confused that someone wasn't consenting with him.
I wish there was a middle ground. Something in between "he's guilty of rape, send him to prison for 20 years" and "he did nothing wrong, so let him off scott-free." A fine seems meaningless when he's so rich. Maybe a good dose of social shaming is the right punishment. Even rich people still care a lot about their social reputation, and this can be a good lesson to everyone about some of the darker sides of human sexuality. Maybe sex-ed classes could include a lesson on the dangers of falling in love with a celebrity.
If you want to treat women as having agency, you have to assign blame for the consequences of their decisions to them. There was no power imbalance tantamount to force here; Gaiman was rich, famous, and (apparently) charming but he had no authority over them. Writing books read by the public is not "grooming"; calling it such casts doubt on the concept of grooming. A woman's later regret does not make a man's actions any sort of offense against her. If you don't think women have agency, you may as well join the "Fight for 25".
Certainly there are conservative-morality reasons that it's wrong for an old celebrity to have sex with starstruck young women. But either such moral systems treat women as being lacking in agency, or the offenses aren't against the woman (or both).
There are many forms of power besides just physical force, which is the entire reason we have laws against underage sex or sex with drunk people. Please don't tell me you think it's fine and dandy for a boss to tell his female employee that she must have sex with him to get a job because "she has agency and can say no."
What deals with her employer is she allowed to consent to, in your view? Or, why is sex special? Why can she consent to any terms of employment at all?
A not entirely unreasonable point. Our economic system gives too much leverage to employers; if Alice hires Bob, Bob has a lot more to lose than Alice does; thus Alice can make unreasonable demands knowing that: 1. Bob will probably back down first, and 2. if he refuses, she won't have any difficulty finding someone more desperate. If we try to patch specific abuses with rules like 'don't make sex with one's boss a condition of employment', we end up playing Whack-a-Mole as Alice keeps finding more indignities to inflict on Bob, and campaigns against any intervention with the argument that Bob 'voluntarily' agreed to her terms, in the same way as the victim of a highway-man 'voluntarily' agreed to hand over his valuables.
Under full employment, however, if Alice demands that Bob offer her sexual favours, or forgo safety equipment in order to work faster, or stand up for his entire shift even though he could do his work just as well sitting down, or answer his phone at zero-dark-thirty for something could have waited until morning, or refrain from eating rice on Tuesdays, &c. &c., Bob is more likely to leave, and, having done so, is less likely to experience financial hardship as he can readily find a more reasonable employer, while Alice, less able to find anyone who will accept her onerous terms, will be incentivised to be more reasonable herself.
In such a system, the libertarian argument that Alice and Bob mutually agreed to whatever terms would be much more likely to hold water.
An that's why I always say the best anti-rape policy is to lower the minimum wage and fight the unions.
Doesn't the US have full employment already, therefore Bob was not raped?
But then you have the problem of people who work full-time who still can't afford the costs of an existence worthy of human dignity.
That goes in the wrong direction; unions are an attempt to solve the very problem I am alluding to, namely the gross imbalance of power between Alice and Bob!
Perhaps 'full employment' was not the exactly correct term; I am referring to the balance of power between management and labour, and economic circumstances in which the lack of an agreement has similar costs to both sides.
I don't think that's a real thing. What about a 15k$/year life is below human dignity? The only real indignity is starving, plus maybe not having a (small) roof over your head. And minimum wage workers are far from that. In most western countries, even those who refuse to work, who are supported by the rest of society, are far from that.
Only the imbalance between union members and the boss. The unemployed are screwed. It creates a new class of protected workers who cannot be fired, and so make hiring more risky and expensive, increasing unemployment.
So essentially, you admit there's full employment, yet there's still no way to get you to accept that workers have agency/they aren't raped when they have sex with their boss? Only if there's a new system, full communism or something.
I think achieving the lack of any real unemployment in a society (like the current 4% in the US) is of primary importance, and a great boost to the agency, bargaining power, and psychological health of workers. So I'm very sceptical of any attempts to help workers that could increase unemployment (raising minimum wage, anti-firing legislation, etc). What they gain in salary or security, they lose in bargaining power - that's not a good trade over the long term.
'Existence worthy of human dignity' is how it is described in the Universal Declaration of Human Rights, meaning more than mere survival. Living in a bare closet, eating tasteless gruel, dressed in rags, and staring at a blank wall when not working or sleeping, would not be 'worthy of human dignity' even if it isn't 'starving'.
'Full employment' in the economic-statistical sense is necessary but not sufficient for the concept I am attempting to point to.
If Alice wants an employee who will provide sexual favours/stand up for hours on end doing tasks that can be done sitting down/not eat rice on Tuesdays, and Bob wants a steady pay-cheque without involving genitals/allowing him to sit down if he can still get his work done/letting him eat whatever he feels like on whatever day he pleases,
The thing I am trying to point to is 'economic conditions in which Bob does not almost always yield first, and, in the absence of agreement, Bob's future is not vastly harder than Alice's'. It can be present in some circumstances while simultaneously absent in others; thus it is not adequately captured by a single figure, although it is more common with lower unemployment.
The other direction is not a good trade either -- a worker deserves a living wage (in the FDR sense, adjusted for the material progress of broader society) and security from being fired arbitrarily or for un-justifiable reasons and the ability to set reasonable boundaries. This is not an impossible trilemma unless one imposes the constraint that neither Alice's profit margin nor privileged social position be in any way inconvenienced.
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