12 - Sex and justice

Summary

Introduction

A well-known scene in Woody Allen's Annie Hall depicts split-screen conversations between Annie (Diane Keaton), Alvy (Woody Allen), and their respective psychotherapists. When Annie's therapist asks how often they have sex, she says, “Constantly. I'd say three times a week.” When Alvy's therapist asks how often they have sex, he says, “Hardly ever. Maybe three times a week.”

Or consider this Seinfeld exchange between Elaine and Jerry after Elaine's new boyfriend abruptly aborted what promised to be their first sexual encounter.

elaine: Listen, lemme ask you something. When you're with a guy, and he tells you he has to get up early, what does that mean?

jerry: It means he's lying …

elaine: Oh, come on … Men have to get up early some time …

jerry: No. Never.

elaine: Jerry! I'm sure I've seen men on the street early in the morning.

jerry: Well, sometimes we do actually have to get up early, but a man will always trade sleep for sex.

Up to this point, I have asked, in effect, “what constitutes valid consent to sexual relations?” Although the answer to this question requires moral judgments, the question is distinct from another moral question: “when should a woman give valid consent to sexual relations?” The second question arises in at least two different contexts.