Fifty Shades of SCOTUS.

 En derechos humanos, equidad de género, Estado

Although there might be an apparent obtuse perspective, in the sense of presumed unwillingness to try to understand sexual diversity and the women’s rights over their body; from a neutral, “not-physical-penetrative-willingness-position” or interest; from that perspective, it is important to talk about sexual surpass of a person willingness to be part of a sexual encounter.

This question has relevant implications for the Vatican City State and the Catholic Church, for the Greater Tibet and the Tibetan Buddhism, for the legitimate aspirations of Brett Michael Kavanaugh to become an Associate Justice of the Supreme Court of the United States; it also has implications in the new legislation approved in the French Republic and for the #MeToo or similar movements.

To reach to these illustrative conclusions, there was a deep in-field and academic research through the work done by companies like Real Social Dynamics Corporation and Love Systems Corporation, as well as through many books of sexual diversity and oppression and the psychological, psychiatric and neurological works of Melissa Hines, Cara Acred, Margaret Mead, Juana Inés de Asbaje y Ramírez de Santillana, Burrhus Frederic Skinner, Sigismund Schlomo Freud, Alfred Charles Kinsey, Wilhelm Reich, Carl Gustav Jung, amongst other relevant specialists and thinkers.

So, we need to start with the primal premise stated by Melissa Hines in her book “Brain Gender”, in regards that “… few, if any, individuals correspond to the modal male pattern or the modal female pattern. Variation within each sex is great, with both males and females near the top and bottom of the distributions for every characteristic. Even for sexual orientation, which shows a particular dramatic separation of the sexes, there are some men who are exclusively interested in men as sexual partners and show this preference for males as strongly as does any woman. Similarly, there are women whose preference is exclusively for other women. The situation for other sex-linked characteristics is similar. There are women with visuospatial ability in the highest ranges and men with verbal skills to match. In fact, although most of us appear to be either clearly male or clearly female, we are each complex mosaics of male and female characteristics. In addition, some people are born with an intersex appearance, that is, with external genitalia that are not clearly those of a typical female or those of a typical male…”. This notion was also expressed by Chandra Mohan Jain, also known as “Osho”, in “The Book of Woman”, in the sense that the story of Jesus of Nazareth has closer to feminine characteristics, than those found in the in-him-inspired heroine, Jeanne d’Arc, which has more masculine characteristics. That spirit, notwithstanding the version, amongst that in other universal books, can also be found in Laozi’s “Tao Te Ching”, in specific in its chapter 28.

Thus, in front of all this, and of books as the top-best-seller E. L. James’s novel series “Fifty Shades” and its alluded sexual practices; in front of all this, we need to start by listening Pope Francis words, in the sense of not judging and condemning in the media what has not yet been done in the courts.

Of course, a child, notwithstanding her and/or his sex or gender identity, that is abused, is being invaded in her and/or his intimate life in a not-desirable way, having few defences. Especially in the case of this being done by a teacher or a woman or man priest. But that children, in the case it was impossible to get state or adult assistance at the time, in most jurisdictions, stops being underage when she and/or he turns eighteen years old. The objective of the norm, its age limit, is that. It presumes a person of a certain age has no psychic elements to understand, but when she and/or he becomes of another certain age, she and/or he does.

This norm is not absolute, since there are thousands of underage marriages and pregnant women, or over age pregnant women by underage guys. This meaning that nature (or God for those who believe) permits “underage” pregnancy.

Hence, the big question, as established by the new French legislation, is not necessarily the age, but the consent.

Therefore, we need to begin by saying that when an hypothetical underage person who is not under the traditional or cultural marriage or pregnancy practices that are exceptions to it, turns over age, in that moment, quits that condition, so in front of the state is in full capability to manifest the absence of consent she and/or he had during that, in such a case, traumatic event.

Since the celibate, as anything is, is not an intrinsic characteristic of any sex, there are girls of fifteen years who have much more sexual experience than thirty-year-old guys who are virgin and pay thousands of United States dollars to attend the teachings of companies like Love Systems Corporation or Real Social Dynamics Corporation, to solve that handicap.

For the same reason, there are also many cases where women force the guys to penetrate them or to touch them, where the women physically or psychologically or sexually abuse of the guys, being them their partners or former partners, etcetera. Even sometimes they force the guys solely to obstruct the attraction between those guys and other partners or potential partners, or to get the attention of other guys. Furthermore, the sole saying of not being “good enough” or the rejection in itself has similar psychological impacts in all persons.

So where does the abuse start?

The abuse, notwithstanding the age, starts in the moment a person manifests it. It can be manifested to the partner in the moment, or when there are objective reasons for not doing so, like being forced by violence or a gun, in the moment a person turns up to the state.

This notion can clearly be expressed in the best-selling books “Fifty Shades of Grey”, “Fifty Shades Darker” and “Fifty Shades Freed”, which are portrays of reality, where practices that may signify psychological or sexual abuses for some people, are satisfactory for other, until, even under those conditions, there is a clear manifestation of the absence of consent. In other words, submissive and extreme practices could be satisfactory, even desirable, for some.

Even the so-called “jerks” have much more success with the ladies than the nice guys, and offensive girls tend to attract some guys. This is even publicly known and forms part of the social media and music industries and culture. It is just necessarily to listen to a couple of songs. It is even physical: it is clear that a thirty centimetres phallus is more invasive, even if it is in the imagination, which also impacts the media and the culture, than one of ten centimetres.

Thence, in the moment that after years or decades of a hypothetical misconduct, or for instance, with the exceptions, after the person becomes over age; if after that, a claim to it arises, especially if it is to attack the trajectory of someone who legitimately aspires to serve the state or who is in a public or moral relevant position, it is invalid. This person could have turn up to the state in the moment other person did not respect the absence of consent, or in the moment she and/or he, with the referred exceptions, turned over age or was no more in threat; being disloyal to do so when the accused person becomes a public figure with the above mentioned characteristics, remarkably if it signifies acquiring public revenues, clouding someone’s trajectory for paltry or political or economic interests.

To prove that absence of consent is the job of the prosecutor, or, for instance, the jurisdictional authorities; some jurisdictions even asking for the presence of same sex-people testimonials. Because in other cases we have the after-years-of-the-hypothetical-existence-of-the-absence-of-consent claims before the media, which only profits from something that is just an opportunistic and unilateral claim.

If a person gets drunk, as when driving under its effects, she and/or he assumes there will be a lack of consciousness that will make her and/or him more susceptible to be a more sexual and uninhibited being. If this person gets drunk when being underage, since the age or traditions for drinking vary in each country or culture, the same rules of the traditional or cultural practices apply; but if she and/or he does with a fake identification, then the state will bring this person to get underage assistance, and if she and/or he does it under the, for traditional or other cultural reasons, authorization of a tutor, then that tutor is conscious that it will make her and/or him more susceptible to be a more sexual and uninhibited being. Plus, this condition needs to be proved before the authorities, since the alcohol gets out of the system fast.

There are other notions related to the absence of consent, where things like the sexual nature of the conduct, needs to be proved. Otherwise the kind-loving kisses will all be sexual abuses or indecent, or any hug will be as well.

Also, there are other sexual practices like the swingers, where the consent is relevant in the same measure. In addition, even married people before the state, permit their partners to have sexual encounters with third parties, being capable to sue for divorce, if that is their volition. Or they might be happy or okay with that, or even it could be another form to express their love, or it is a way to permit the cohabitation or the sustainment of their relationship. As long as it is consented, under the civil authorities, is valid, but can also persist as a legitimate cause for divorce.

Finally, is important to mention that the desirable thing is that sexual or romantic relationships exist just rooted in love and/or friendship, nevertheless, logically, is the same that who charges for a sexual encounter than that who gets married for economic interests or is a gold-digger, id est, both are analogical agreements.

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