Monday, October 27, 2014

Mirandizing Your Don Juan

Max Slevogt’s portrait of Don Juan in Mozart’s Don Giovanni
Say you're making a citizen’s arrest on a California campus for a person who has not gotten your affirmative consent to sex. Say someone has been cajoling you and flirting with you and trying to get you into bed and after hours of being utterly charming, you say ok what the hell I’ll reward him or her for his or her persistence, should you mirandize that person? Taking this further what if you give your affirmative consent to one kind of sex, but inadvertently find yourself being lovingly cajoled into another kind of sex which you partake in but which is not listed on your affirmative consent form, what recourse should you seek? Let’s say you have read the guilty party their Miranda rights, and they are already whimpering and acting contrite, do you enjoin them in some way? Do you attempt to have their paycheck garnished? What are all the possible ways that people can be punished for getting you to do something you were pretty sure you didn’t want to do? Let’s make this clear, the person didn’t rape you or physically harm you, but he or she talked a blue streak and though you were involved with someone else, you became infatuated and were stimulated to do inconceivably dirty and horrible things with that person, things you hadn’t ever done with the person you say you loved because of the passion this charmer created in you and which you were not in your right mind to affirmatively consent to, in the first place. How should this person be punished?

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