Retroactive withdrawal of consent?

Jonathan Jenkins Ichikawa continues his excellent, thoughtful series on the new Kipnis book with a discussion of nonconsensual sex.

Kipnis often describes sexual assault allegations in these terms. She says that there was a consensual sexual encounter, and then, months or years later, someone “retroactively withdraws” consent, converting what had previously been a permissible sexual encounter into an assault. Her language suggests a kind of “backwards causation”—one can reach back into history and create rapes that weren’t there by removing the consent. The implication: this absurd metaphysics is being embraced by campus activists, demonstrating both their intellectual depravity and their danger.

But why is Kipnis so confident that, in these cases, there was consent in the first place? After all, there is such a thing as a nonconsensual sexual encounter where the victim doesn’t think of it as such at the time, or doesn’t decide to report it at the time. There is such a thing as being coerced, manipulated, or bullied into a sexual relationship. When this happens, one is quite likely to keep quiet about it at first, either for fear of repercussions, or out of failure to understand what has happened.

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