Capturing Consent in Nonconsensual Sex Tapes
October 24, 2014
I was recently speaking to somebody about nonconsensual sex videos. He proffered that secretly filming sex was “insurance” in the event he were ever accused of rape. WHA?! Seriously, though. WHA?!
To be clear: fear of rape accusations is NOT a defense to charges of unlawful sex surveillance.
Let me repeat, you cannot secretly film sex because you fear you may be accused of rape. A person with such profound distrust of sexual partners is better off following the historic lead of California’s “yes means yes” rule on collegiate sexual consent and obtain “an affirmative conscious and voluntary agreement to engage in sexual activity.” With his partner’s permission, he can even record his partner agreeing to have sex. Or heck, with his partner’s permission, he can record the sex itself. Permission, though. You need it. For sex, for filming sex.