Intentional sex torts- The Legal Satyricon

2010-11-02T21:56:55+00:00

Expanding tort law to cover dishonest sexual encounters is a horrifying proposition. Although Professor Sacks seems well intentioned, if her theories take hold, it will mean the end of casual sex as we know it.

It will mean the end of fraud-based casual sex, but that's an entirely different proposition. Kind of like how I can borrow my friend's DVD without committing trespass to chattel, or visit my brother's house without committing trespass to land. I can act in the world, and even engage in lots of interaction, without committing an intentional tort. I can have casual sex, if I'm honest, if I'm not being a douchenozzle.

Despite the consequences, we have to be left to be human, to make our own choices, and to accept responsibility for the consequences — even if that means that some immoral, abhorrent, and even disgusting behavior will leak through the sieve of our legal system.

You don't really understand tort law, huh? The entire point of tort law is to cover human interaction, and basically say to a wrongdoer "that was immoral, abhorrent, and even disgusting, knock it the hell off". We use torts as a way to say that your behavior sucks, so don't do it.

For as long as we live and love, someone will lie about their feelings to someone else. Hearts will break. Men and women will lie to each other. Men and women will sleep with each other for the wrong reasons. I’m not simply arguing that “boys will be boys.” I am arguing that this is the yin to the yang of love, passion, and ecstasy.

Needs citations.

I've never lied in a relationship, or in order to get sex. I've still had sex. So, no, I don't think that "lying" and "fraud" are inherent parts of relationships.

Every time you meet someone or fuck someone, you are taking a risk. That’s part of the thrill!

Needs citations

Using tort law to attempt to criminalize an integral part of the human condition is simply too Orwellian to tolerate.

Um... Tort law doesn't criminalize. Way to not understand the law. It's just saying "you committed an act which is wrong, pay up". No jail time, just monetary compensation. Kind of like how if I punch you in the face, you can sue me for battery. Or if I call you a damn, dirty, misogynist, bastard in the middle of a street, you can sue me for slander.

If we let tort law creep into our everyday sexual relationships, will young men be able to sue the ugly friend for tortious interference?

You... Ah... Don't quite understand what's going on here, huh?

The original author suggests basing it on battery jurisprudence. Your analogy is inapt. Tortuous interference applies in terms of interference with a contract. Tort law =/= K-law.

I wonder how the legal academy would respond if I published a law review article, Cock-blocking as tortious interference with sexual relationships.

Um... That it's an interesting proposition, but has nothing to do with the article you reference.

Nevertheless, you can manage your own risks without crying to a lawyer after you find out that your sexual partner wasn’t all he said she was.

True. I can also manage my risk of having battery committed against me by never leaving the house. I can manage my risk of trespass to chattel by never letting anyone else touch my things. I can manage my risk of trespass to land by putting up barbed wire. But the fact that I can limit my risk doesn't make another person's actions not wrong.

2010-11-02T15:59:41+00:00

I can't see this ever working. Sex isn't a civil agreement, there is no contract or terms. Sex can occur without any language, written or spoken, or communication, without any persons name being exchanged. infact the whole civil tort thing requires pre existing negotiation, but it's all body language and chemistry, well it's impossible to consider.

Title	Intentional sex torts- The Legal Satyricon
Author	thetrollking
Upvotes	9
Comments	8
Date	November 2, 2010 1:22 PM UTC (15 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/e00zk/intentional_sex_torts_the_legal_satyricon/
Archive Link	https://theredarchive.com/r/MensRights/intentional-sex-torts-the-legal-satyricon.1046277 https://theredarchive.com/post/1046277

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