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Culture War Roundup for the week of January 13, 2025

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Except that, unlike the terribly old-fashioned practice of "celibacy when single, monogamy when married," the clarity of consent seems to break down in the absence of clearly-delineated relationship boundaries.

Unless you don't believe in the idea of marital rape, consent issues don't disappear in monogamous marriages.

Except that, unlike the terribly old-fashioned practice of "celibacy when single, monogamy when married," the clarity of consent seems to break down in the absence of clearly-delineated relationship boundaries.

Unless you don't believe in the idea of marital rape, consent issues don't disappear in monogamous marriages.

@quiet_NaN also raised this point below, but I think it begs the question. "What counts as consent" is exactly what is at issue; if you think marriage counts as permanent and irrevocable consent (as various human cultures have held), then "marital rape" is analytically impossible. I think most Westerners today do not think of marriage that way! But when you take that away from marriage, it becomes rather less clear both what the point of marriage really is, and what else can/should constitute "consent."

Somewhat recently, a pre-2020 essay on "maintenance sex" popped up in my social feeds, and I found it faintly amusing. The "expert" being interviewed clearly wanted to say "it's normal and healthy to have sex when you don't want to, simply because your partner wants to and you care about giving them what they want." But he kept having to dance around it, resulting in amusing elocution seeming to simultaneously suggest that the indulging partner was both willing and not-willing. It included bad advice like "make sure both partners climax," instead of acknowledging that--particularly as people age--orgasm can sometimes become exhausting to pursue, or even totally unreachable, and this doesn't necessarily make sexual activity undesirable.

As I read, I reflected somewhat on the model sometimes taught to college students today, that "consent is voluntary, informed, and enthusiastic," and should be re-affirmed periodically throughout every sexual encounter. I perceive a very strong likelihood that this can, will, and probably already has led to some serious sexual dysfunction in Western relationships. Many people find themselves psychologically unable to express sexual desire in an overt and expressive manner; this is one reason why people sometimes consume alcohol with the intention of getting laid. People enjoy being swept away in emotion and sensation, becoming inarticulate with desire, etc.

Put all this into the context of a marriage, and the idea of "marital rape" becomes incredibly fraught. Realistically, the most common application of "marital rape" laws is to prosecute men who, prior to the finalization of a divorce, force themselves on their soon-to-be-exes. I'm sympathetic to the idea that the law should be able to react to such a development--and besides, I find it difficult to imagine anyone in a healthy and functioning marriage prosecuting their spouse for anything. That seems like a clear commitment to the immediate or eventual termination of the relationship. But since the advent of "marital rape" laws, I have seen a gradually increasing number of people (usually, women) wield the concept of consent as a form of control: by default, sexual activity becomes locked to the mood of the lower-libido spouse, with no compromise (or "maintenance sex") possible. After all--wouldn't that be rape? But it seems clearly absurd that the definition of "rape" should become "any sex you don't enthusiastically desire," much less "sex you later decide you wish you hadn't had."

So when you say "consent issues don't disappear in monogamous marriages," my inclination is to respond, sure, not necessarily--but they can, and ideally probably should, and the evolution of "sexual consent" as a concept in premarital and extramarital contexts is in this way directly corrosive to marriage as traditionally practiced. This is what people actually mean, I think, when they say that no fault divorce erodes the concept of traditional marriage. After all, someone else's divorce isn't going to change my marriage, right? Shouldn't I just let others do what they want, while I do what I want? But here we are talking about importing "consent" into marriage, as if it is a separate thing--when traditionally, marriage was how you consented.

"What counts as consent" is exactly what is at issue; if you think marriage counts as permanent and irrevocable consent (as various human cultures have held), then "marital rape" is analytically impossible.

Vanishingly few cultures genuinely held that husbands had unlimited physical dominion over their spouse, with no concept of consent possible. Some saw no place for the law in such a situation, but most (hedging here: for which we have sufficient written evidence to have some idea what people thought about that kind of thing) still recognized some social opprobrium against wife beaters. If it's wrong to beat your wife too violently, then it follows that there is at least a concept of it being wrong to rapeit is wrong to rape your wife, as the path from "no" to "rape" runs through "physical violence."

Most places at most times have figured that a man's wife owed him sex. Fewer would have considered it acceptable for him to beat the shit out of her until she agreed.

Of course, the level of agency expected of women at the time was far higher than modern standards. Women were expected to actually experience violence, not merely the threat of it, before rape could be charged.

Vanishingly few cultures genuinely held that husbands had unlimited physical dominion over their spouse, with no concept of consent possible.

Yes--of course. There are many different legal traditions that parse things out differently. A common Western one is that because husband and wife are "one flesh," and one cannot commit an offense against oneself, many interpersonal crimes are impossible between man and wife. However, one could still do morally atrocious things which were against the law--so for example, adultery was illegal, even though under the doctrine of coverture adultery was not strictly an offense against one's spouse. Rather, it was an offense against God and the State (which approved the marriage).

A common Western one is that because husband and wife are "one flesh," and one cannot commit an offense against oneself, many interpersonal crimes are impossible between man and wife.

Sure, and we also have a long tradition in Western culture of mocking and denigrating wife beaters. Even where it was not legally prosecuted, it was understood as a bad thing to do (too much of).

"What counts as consent" is exactly what is at issue; if you think marriage counts as permanent and irrevocable consent (as various human cultures have held), then "marital rape" is analytically impossible.

Sure, we could redefine words so that you couldn't call women being physically forced to have sex with their husbands against their will victims of "rape", but I'm not sure what the value of that is.

But when you take that away from marriage, it becomes rather less clear both what the point of marriage really is,

Do you mean that the point of marriage is that the man can have sex with his wife whenever he wants?

As I read, I reflected somewhat on the model sometimes taught to college students today, that "consent is voluntary, informed, and enthusiastic," and should be re-affirmed periodically throughout every sexual encounter. I perceive a very strong likelihood that this can, will, and probably already has led to some serious sexual dysfunction in Western relationships. Many people find themselves psychologically unable to express sexual desire in an overt and expressive manner; this is one reason why people sometimes consume alcohol with the intention of getting laid. People enjoy being swept away in emotion and sensation, becoming inarticulate with desire, etc.

I broadly agree.

Realistically, the most common application of "marital rape" laws is to prosecute men who, prior to the finalization of a divorce, force themselves on their soon-to-be-exes.

I would imagine the most common application of marital rape laws is invisible, i.e. deterring husbands from forcing themselves on their wives against their will.

But since the advent of "marital rape" laws, I have seen a gradually increasing number of people (usually, women) wield the concept of consent as a form of control: by default, sexual activity becomes locked to the mood of the lower-libido spouse, with no compromise (or "maintenance sex") possible. After all--wouldn't that be rape?

No, half-hearted maintenance sex isn't rape. There's a healthy compromise position between "Everything is rape" and "nothing in marriage is rape".

So when you say "consent issues don't disappear in monogamous marriages," my inclination is to respond, sure, not necessarily--but they can, and ideally probably should, and the evolution of "sexual consent" as a concept in premarital and extramarital contexts is in this way directly corrosive to marriage as traditionally practiced.

I don't hold traditional ways of doing things as sacrosanct. I think it's entirely worth knocking down the Chesterton's fence of forcing women (and probably some men) to stay in relationships they don't want to and to submit to sex against their will. This doesn't mean I want to end marriage as an institution, rather that I think there are things from the past worth keeping and things worth discarding.

"What counts as consent" is exactly what is at issue; if you think marriage counts as permanent and irrevocable consent (as various human cultures have held), then "marital rape" is analytically impossible.

Sure, we could redefine words so that you couldn't call women being physically forced to have sex with their husbands against their will victims of "rape", but I'm not sure what the value of that is.

No one is proposing to do that.

But when you take that away from marriage, it becomes rather less clear both what the point of marriage really is,

Do you mean that the point of marriage is that the man can have sex with his wife whenever he wants?

No; kindly stow the strawmen, please. Sex is, however, central to the concept of marriage, historically.

I would imagine the most common application of marital rape laws is invisible, i.e. deterring husbands from forcing themselves on their wives against their will.

You don't have to answer this, of course, as it is a somewhat personal question, but... are you currently a member of a marriage in which the higher-libido spouse refrains from forcible intercourse partially or primarily because it is against the law? Because, like, if you are, my condolences? But if you aren't, then where in the world would you pick up such a bizarre model of marital relations?

In fact I already briefly mentioned the (true, historical) primary driver of "marital rape" laws, which basically never apply to functional marriages. There were actual cases of H and W getting divorced. Enraged, H stalks W, rapes her, and then law enforcement responds "nothing we can do, sorry, it's not illegal to have sex with your spouse." This seems like a genuine problem! But there are many possible solutions, some of which do not have the same cultural drawbacks as introducing the "enthusiastic and continuing" consent model of sexual intercourse into private marital relationships, which should be mature and caring enough to negotiate such things without the assistance of a government cudgel.

No, half-hearted maintenance sex isn't rape. There's a healthy compromise position between "Everything is rape" and "nothing in marriage is rape".

Yes, that's true. The "enthusiastic and continuing" consent model isn't it, though.

I don't hold traditional ways of doing things as sacrosanct. I think it's entirely worth knocking down the Chesterton's fence of forcing women (and probably some men) to stay in relationships they don't want to and to submit to sex against their will. This doesn't mean I want to end marriage as an institution, rather that I think there are things from the past worth keeping and things worth discarding.

Again--I am broadly in agreement. What you don't seem to want to discuss in a careful or nuanced way is the idea that maybe there are times when people should be socially pressured to stay in relationships they don't want to, and submit to sex they aren't enthusiastically interested in having. I can only imagine why this might be; I do think Western attitudes toward increasingly absolute "bodily autonomy" have generated some peculiar attitudes toward sex, for example. The treatment of marriage as purely a matter of romance, rather than a union that can sometimes be practical or beneficial in other ways, may also play a role. I'm not exactly opposed to everything the sexual revolution of the 1960s and 1970s has introduced into our culture.

I just think we're being deliberately obtuse if we try to pretend that Neil Gaiman, and others like him, are not also the fruit of that tree.

I don't know that "marital rape" only happens when a soon-to-be-ex assaults his wife. You're right of course that in a healthy relationship, there is no need to be constantly negotiating "consent" and boundaries. But what about unhealthy ones, where the wife is never in the mood and the husband decides he's sick of taking no for an answer? If there is no such thing as marital rape, then all she can do is divorce him, I guess? (Which most tradcons who oppose marital rape laws also tend to think should not be an option.)

It is entirely possible to define marital rape as domestic violence(which could basically never be allowed) but not rape; this was the position of Alphonsus Ligouri IIRC.

I don't know that "marital rape" only happens when a soon-to-be-ex assaults his wife.

I mean, presumably there are other cases--that's just the one that I've actually seen in court, and the one I've heard used to justify the changes. I don't make a habit of following criminal prosecutions meticulously, but the rate of "marital rape" proceedings that are either preceded or followed by "divorce" proceedings surely approaches 100%, whatever the gory details.

But what about unhealthy ones, where the wife is never in the mood and the husband decides he's sick of taking no for an answer? If there is no such thing as marital rape, then all she can do is divorce him, I guess? (Which most tradcons who oppose marital rape laws also tend to think should not be an option.)

I don't feel like I know any tradcons who would reject "physical abuse" as possible grounds for separation, but I suppose they're probably out there. But really--someone who puts their spouse in prison for marital rape must surely understand that it is tantamount to a divorce anyway? This seems quite analogous to "battered woman syndrome" to me--the law has rarely faced any shortage of ways to answer domestic violence of various kinds; rather, a host of influences (love, material need, desperation, actual insanity, you name it) bring women back to their abusers under a wide variety of circumstances. Whether that's a "systemic" problem or a psychological problem or whatever, revamping central tenets of the ancient institution of marriage to better serve outrageous edge-cases does not seem to have especially helped matters improve.

This is a pattern I see repeated endlessly in conversations about "moral progress." I could hand you a dozen different papers purporting to explain how we can reduce violence against women through various social engineering programs, but none of them really explains the evidence for their own effectiveness. As far as I have been able to determine, the biggest progress in reducing violence against women has been made through IQ gains resulting from the near eradication of malnutrition, combined with an overall increase in the absolute wealth of the average American. Outside of America and Europe, "intimate partner violence" remains stubbornly unaffected by cultural interventions (though that hasn't stopped anyone from insisting their programs just need more money).

Cases like Gaiman's are special. He obviously isn't an impoverished blue collar laborer, lashing out at his long-suffering wife due to poor executive functioning. He's damaged in a different way: he's a wealthy, powerful man living in a world where sex and marriage have been decoupled, to the primary detriment of the very women the sexual revolution so often purported to advantage.

don't feel like I know any tradcons who would reject "physical abuse" as possible grounds for separation,

This is the official stance of the Wisconsin Synod of the Lutheran church, probably the most consistently tradcon major protestant denomination in the English speaking world.

On the other hand, I have seen tradcath priests admitting they counsel battered women to get a civil divorce(and remain celibate afterwards), despite theoretically stricter rules about divorce. So it's entirely possible that this is a theoretical doctrinal idea that isn't reflected in the breach.

If you're not willing to bite that bullet, you're not really in favor of traditional marriage.

Unless you don't believe in the idea of marital rape, consent issues don't disappear in monogamous marriages.

A married woman has a lot more leverage against that sort of behaviour even outside of legal sanction. After all, a man has to actually live with his wife. Unless a man is willing to become a tyrant who is in constant conflict with the woman he shares a house with, he's going to listen to her preferences at least somewhat.

Not so for the disposable groupie/employee.

Even traditional cultures have and had forms of protection for married women from sexual violence, namely her brothers, uncles, cousins, father if still alive and the men of her tribe.

Yeah and those cultures were terrible, for women especially! I really don't want to emulate almost anything about them. I'd much rather have married women's safety guaranteed by the police than by roving gangs of male relatives getting into street fights with each other.

But this protection wasn't unique to married women. Shotgun weddings were a thing not so long ago.