Here, however, problems multiply: what if a woman passionately desires it but is too embarrassed to openly declare it? What if, for both partners, ironically playing coercion is part of the erotic game? And a yes to what, precisely, to what types of sexual activity, is a declared yes? Should then the contract form be more detailed, so that the principal consent is specified: a yes to vaginal but not anal intercourse, a yes to fellatio but not swallowing the sperm, a yes to light spanking but not harsh blows, etc.etc.
One can easily imagine a long bureaucratic negotiation, which can kill all desire for the act, but it can also get libidinally invested on its own. These problems are far from secondary, they concern the very core of erotic interplay from which one cannot withdraw into a neutral position and declare one’s readiness (or unreadiness) to do it: every such act is part of the interplay and either de-eroticizes the situation or gets eroticized on its own.
The “yes means yes sexual rule is an exemplary case of the narcissistic notion of subjectivity that predominates today. A subject is experienced as something vulnerable, something that has to be protected by a complex set of rules, warned in advance about all possible intrusions that may disturb him/her.
Remember how, upon its release, ET was prohibited in Sweden, Norway, and Denmark: because its non-sympathetic portrayal of adults was considered dangerous for relations between children and their parents. (An ingenious detail confirms this accusation: in the first 10 minutes of the film, all adults are seen only below their belts, like the adults in cartoons who threaten Tom and Jerry…)
From todays perspective, we can see this prohibition as an early sign of the politically-correct obsession with protecting individuals from any experience that may hurt them in any way. And the list can go on indefinitely – recall the proposal to digitally delete smoking from Hollywood classics…
Yes, sex is traversed by power games, violent obscenities, etc., but the difficult thing to admit is that its inherent to it. Some perspicuous observers have already noticed how the only form of sexual relation that fully meets the politically correct criteria would have been a contract drawn between sadomasochist partners.
Thus, the rise of Political Correctness and the rise of violence are two sides of the same coin: insofar as the basic premise of Political Correctness is the reduction of sexuality to contractual mutual consent. And the French linguist Jean-Claude Milner was right to point out how the anti-harassment movement unavoidably reaches its climax in contracts which stipulate extreme forms of sadomasochist sex (treating a person like a dog on a collar, slave trading, torture, up to consented killing).
In such forms of consensual slavery, the market freedom of the contract negates itself: and slave trade becomes the ultimate assertion of freedom. It is as if Jacques Lacans motif “Kant with Sade” (Marquis de Sades brutal hedonism as the truth of Kants rigorous ethics) becomes reality in an unexpected way. But, before we dismiss this motif as just a provocative paradox, we should reflect upon how this paradox is at work in our social reality itself.