In this episode of Overthink, the hosts delve into the complexities of sexual consent, exploring the challenges of ethical sexual partnerships in gray areas and the impact of the Me Too movement. They discuss the concept of affirmative consent, the portrayal of consent in an SNL skit, and the stereotypes surrounding sexual consent in college life. They also examine the challenges of obtaining verbal consent for every act during a sexual encounter, the Aziz Ansari case, the performative view of sexual consent, and the true meaning of consent as an agreement of feelings.
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The Miewes-Brandes Case
In 2001, Armin Miewes killed and ate Bernd Brandes after Brandes consented online.
This case highlights the limitations of consent, especially involving extreme acts.
insights INSIGHT
Limits of Consent
The Miewes-Brandes case challenges the notion of consent as a moral absolute.
Even with explicit consent, some acts remain ethically and legally problematic.
insights INSIGHT
Legal Challenges of Consent
Courts struggle with cases involving consent to extreme acts like the Miewes-Brandes case.
The initial ruling of manslaughter was overturned, highlighting legal ambiguities.
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This episode gets an enthusiastic yes from us. In episode 85 of Overthink, Ellie and David dive into the crux of sexual consent. They work through some of the earliest attempts on the part of American universities at developing a sexual consent policy, before unpacking the fiery debates surrounding consent today — ranging from complex legal cases as well as instances of “gray rape.” They probe the limits of popular understandings of consent with cases involving intense physical pain, and cases which undo the very stability of our idea of consent. (Can one meaningfully consent to one’s own murder?) They explore Ellie’s own proposal for rethinking our idea of consent. Is consent contractual? Performative? Magic? And, should it really be the central tenet of our sexual ethics?
Content warning: this episode contains graphic discussions of sexual violence and bodily harm. Check out the episode's extended cut here!
Works Discussed
Linda Martín Alcoff, Rape and Resistance Ellie Anderson, “A Phenomenological Approach to Sexual Consent” and “The Limits of Consent in Sexual Ethics” Katherine Angel, Tomorrow Sex Will Be Good Again Ann Cahill, Rethinking Rape Heidi Hurd, “The Moral Magic of Consent” Jonathan Ichikawa, “Presupposition and Consent” Joseph Fischer, Screw Consent Joan McGregor, Is it Rape? Caleb Ward and Ellie Anderson, “The Ethical Significance of Being an Erotic Object” Bari Weiss, “Aziz Ansari Is Guilty. Of Not Being a Mind Reader” Is It Date Rape? (1991 SNL Skit)
Overthink