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Sexual Autonomy Guarantee; Proposed by Ossitania
Topic Started: Monday Feb 11 2013, 06:16 PM (131 Views)
Culture of Life
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William F. Buckley

What are your opinions on this upcoming General Assembly proposal?

Remember that World Assembly members are free to vote however they want on proposals.


Sexual Autonomy Guarantee
Proposed by Ossitania
Sexual Autonomy Guarantee
Category: Human Rights
Strength: Significant
Proposed by: Ossitania


The World Assembly,

DEFINING "the right to sexual autonomy" as "the right to be free from unwanted sexual activity, to never be obliged to engage in sexual activity and to participate in sexual activity only with the free and informed consent of all parties to that activity",

CONVINCED that everyone has the right to sexual autonomy,

SEEKING to guarantee this right to every citizen of every member-state,

ACKNOWLEDGING that there exists a belief that a marriage contract, or equivalent legal document, or the existence of a similar relationship, represents a permanent and continuous state of consent to sexual activity,

WISHING to eliminate inequality between victims of rape while also preserving the practical capability to intervene in a manner appropriate to the circumstances of the crime,

Hereby

GUARANTEES every citizen of every member-state the right to sexual autonomy without exception,

DECLARES that consent to sexual activity may be withdrawn at any time before or during sexual activity,

MANDATES that no marriage contract, or equivalent legal document, or the existence of any similar relationship, shall ever be construed as providing prima facie consent for sexual activity, nor shall any state or manner of dress, nor any behaviour perceived as "sexual provocative",

PROHIBITS member-states from creating a legal distinction between sexual crimes which take place within a marriage, or similar relationship, and sexual crimes which do not,

REQUIRES that all sexual crimes, and accusations of such crimes, receive the same level of attention as any other crime of similar magnitude and a response from legal authorities that is timely and appropriate to the circumstances of their execution, including efforts to protect the victim from a repeated attack by the perpetrator, regardless of whether the victim and perpetrator are in a marriage, or similar relationship, or not,

STIPULATES that, with specific regard to protecting victims from repeat attacks, special care and attention must be given where a shared work, education or living space, or other factors, such as a familial or professional relationship, give the perpetrator a level of access to the victim that a random attacker would not have,

ENCOURAGES member-states to establish education programs to correct misconceptions and misinformation about sexual crimes and to combat stigma against the victims of such crimes.
The Christian Democratic Nation of Culture of Life
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Culture of Life
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William F. Buckley

I am going to vote AGAINST this proposal.

This proposal would require "informed consent" for sexual activity. Informed consent entails "a clear appreciation and understanding of the facts, implications, and future consequences of an action." Sometimes, people will engage in willful sexual activities without fully understanding the implications, such as pregnancy, sexually transmitted disease, or even the possibility of losing an existing friendship due to the willful act. Consent should not necessarily be considered invalid for this reason; other factors should be taken into consideration. Informed consent is a poorly chosen standard.

It seems that this proposal would remove the legal notion of implied consent. In other words, this proposal might require that explicit verbal or written consent be given prior to any sexual act. This is nonsensical since many (if not most) sexual acts are initiated by nonverbal cues or euphemistic speech.

This proposal would allow sexual consent to "be withdrawn at any time . . . during sexual activity." By itself, this provision could cause some problems and could lead to strange rape cases in which people are charged with sexual assault for not stopping in the middle of an act of intercourse that might have been completely consensual just a few seconds earlier. Coupled with the other clauses of this proposal, would sexual partners be required to provide explicit, ongoing consent throughout an entire sexual act? If so, then this effect would be quite absurd.

Unlike the repealed Marital Rape Justice Act, this proposal would mandate that member states give "special care and attention" to certain accusations of rape over others. I think this matter should be left to individual member states or that the police should be allowed to judge for themselves which accusations of sexual assault deserve additional attention on a case-by-case basis. Optionality is my preference.

After this proposal passes, I plan to begin drafting a repeal proposal.
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aawia
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including efforts to protect the victim from a repeated attack by the perpetrator.
Ummmmmmm how long would my authorities be required to babysit this person?
PROHIBITS member-states from creating a legal distinction between sexual crimes which take place within a marriage, or similar relationship, and sexual crimes which do not,
Also why should I treat incest the same as rape? Or should I treat indecent exposure the same as rape? All are serious crimes but should be treated with different sentences and placing to meld them all together is extreme
I apologize for my lack of punctuation and poor spelling/writing in general it's bad, I'll get there someday :P

Former President of Right to Life

"The sun looks down on nothing half so good as a household laughing together over a meal." - C.S. Lewis (From the weight of glory)

"Readers are advised to remember that the devil is a liar." C.S. Lewis (From the Beginning of the Screwtape letters)

"As soon as men decide that all means are permitted to fight an evil, then their good becomes indistinguishable from the evil that they set out to destroy." - Christopher Dawson
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New Dolgaria
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I found it odd that it didn't mention age of consent.
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Culture of Life
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William F. Buckley

New Dolgaria
Saturday Feb 16 2013, 01:11 AM
I found it odd that it didn't mention age of consent.
Wow. I didn't even think of that. That is a huge hole in the proposal. :blink:
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