Four decades later, the liberationist regime is disintegrating before our eyes. The new order is a bizarre hybrid of liberationist and traditionalist values. It carefully preserves the prerogative of no-strings-attached sex while cabining it with legalistic caveats that allow females to revert at will to a stance of offended virtue. Consider the sexual consent policy of California’s Claremont McKenna College, shared almost verbatim with other schools such as Occidental College in Los Angeles. Paragraphs long, consisting of multiple sections and subsections, and embedded within an even wordier 44-page document on harassment and sexual misconduct, Claremont’s sexual consent rules resemble nothing so much as a multilawyer-drafted contract for the sale and delivery of widgets, complete with definitions, the obligations of “all” (as opposed to “both”) parties, and the preconditions for default. “Effective consent consists of an affirmative, conscious decision by each participant to engage in mutually agreed upon (and the conditions of) sexual activity,” the authorities declare awkwardly. The policy goes on to elaborate at great length upon each of the “essential elements of Consent”—“Informed and reciprocal,” “Freely and actively given,” “Mutually understandable,” “Not indefinite,” “Not unlimited.” “All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting”—think: signing a mortgage—“and a willingness to do the same thing, at the same time, in the same way,” declare Claremont’s sex bureaucrats. Never mind that sex is the realm of the irrational and inarticulate, fraught with ambivalence, fear, longing, and shame—at least outside the security of a good marriage. Doing something that you are not certain about does not make it rape, it makes it sex.
The policy’s assumption of transparent contractual intention may be laughably out of touch with reality. But its agenda is serious: to rehabilitate the “no” default for premarital sex, despite a backdrop of permissiveness. In fact, the policy goes even farther into the realm of Victorian sex roles than simply a presumption of female modesty. Females are now considered so helpless and passive that they should not even be assumed to have the strength or capacity to say “no.” “Withdrawal of Consent can be an expressed ‘no’ or can be based on an outward demonstration that conveys that an individual is hesitant, confused, uncertain, or is no longer a mutual participant,” announce Claremont’s sexocrats.