This week the university produced a document... which tried to explain its approach.... The document listed eight "scenarios" that fit under the university's extraordinarily broad conception of "non-consensual sex."Johnson highlights only one of Yale's fictional scenarios:
"Morgan and Kai are friends who begin dancing and kissing at a party. They are both drunk, although not to the point of incapacitation. Together they decide to go to Kai's room. They undress each other and begin touching each other. Morgan moves as if to engage in oral sex and looks up at Kai questioningly. Kai nods in agreement and Morgan proceeds. Subsequently, without pausing to check for further agreement, Kai begins to perform oral sex on Morgan. Morgan lies still for a few minutes, then moves away, saying it is late and they should sleep."Note to Johnson: The statutes in my state use the terms "sexual contact" and "sexual intercourse" (not "rape") and "sexual intercourse" includes cunnilingus and fellatio. [ADDED: Statutes defining crimes.]
According to Yale, "Kai" is a guilty of having had nonconsensual sex, a term that most people would consider to be rape.
But quite aside from that, what's with "anti-male"? I have absolutely no idea whether Morgan and Kai are 2 men, 2 women, or a man and a woman. And if they're a man and a woman, I can't tell if Morgan's the man and Kai is the woman or Kai is the man and Morgan is the woman. I think Yale's fiction writers are deliberately making the sex of these 2 characters inscrutable, which makes the scenario damned hard to visualize.
I am concerned about the due process problems in the way universities enforce their sex codes as they bumble along trying to make the campus climate welcoming for everybody, but I'm drawn toward pitying whoever got the assignment to write those scenarios. Pitying and laughing at. Imagine needing to describe explicit sex that is utterly not titillating and duly instructive. Morgan moves as if to engage in oral sex and looks up at Kai questioningly. It's up to you to picture that move and that look. Later, Morgan fails to look and Kai moves. Or Kai fails to look and Morgan moves. Who are these people? What are they doing?!