up next in dating: the pre-sex contract
From Thrillist, an attorney has made up a "pre-sexual agreement." Because "men need protection too."First response, as a woman, goes something like "haha hahaha hahaha hahahaha ha."
Second response is, what exactly is "for other good and valuable consideration"? I mean, if you pay her, it's illegal. If you don't, I doubt that you have a valid contract.
The contract also says "receipt of which is acknowledged," whereas, of course, the woman signing this agreement hasn't had the sex yet. If the "consideration" is, for instance, the woman's enjoyment, is the contract void if she doesn't have as good a time as expected?
And, of course, a person can hardly sign an agreement saying that she absolutely has no sexually transmitted diseases. You could make someone sign an agreement certifiying that she's been tested, but what if she contracted something yesterday and doesn't know yet?
The "I will at no time seek money or compensation from you" bit is obviously meant to refer to child support. Now, certainly, the men's rights contingent has a point when they point out that women, legally, have total control over their fertility (not that it's easy or cheap or fun, but they legally have decisionmaking power), whereas men can have their fetuses/unborn potential babies/whatever aborted without their consent, or else be forced to financially support a child they didn't want. So, this attempt as protecting oneself financially while still obtaining casual sex is indeed interesting, and not illogical from a self-interested point of view.
So, while I question the legality of such a contract, I wonder how many women would continue to conduct their social lives in the same manner if it were made this plain that -- even if he doesn't have the balls to present you with this contract -- these are his intentions. As for "good and valuable consideration," at least a pre-shtup would seem to require a person to specify just what kind and how much enjoyment she expects to receive. That might prove useful.
Update: From a lawyer friend, preceded by a "this is not official legal advice, etc.":
1) "I promise and agree that: I am over the age of 18 years". I don't give a shit, and neither does any court in the land. She looked eighteen to me? Doesn't matter. She said she was eighteen? Still doesn't matter. She showed you a driver's license? Maybe a birth certificate? Even granting for the sake of argument that we'd for some reason hold an underage girl to this contract, it's a strict liability crime.I hope that answers everyone's burning questions. (And if more than your questions are burning, stop having sex with hostile strangers!)
2) "I am not under any physical or mental incapacity or under any duress or under any undue influence because of alcohol, drugs or otherwise." Why is this in there? Because the whole point of incapacity, of duress, of undue influence is that I can make you do stuff without your legitimate consent. Like have sex with me. Or sign a waiver. Which is why you can't use the document to prove its own authenticity.
3) "I freely and voluntarily agree and consent to engage in sexual activity with you". But consensual sex doesn't work like that. What do you call it when a woman says yes to a man, and they start having sex, and then she tells him to stop, and he just keeps on having sex with her? Rape. What do you call it if she put that in writing? Rape.
4) That said, while I too wonder what the "good and valuable consideration" is, it's not prima facie absurd to claim that it's offered in exchange not for the sex, but for the other promises.
5) And to likewise disagree with another of your points for a moment, the child-support angle ain't going away like this. The woman can't waive child-support. It was never hers to waive.





5 Comments:
With this in hand, people will be getting laid a bit less and a bit more carefully...
I'LL BE FUCKED: A play in one act.
(C) 2006 by Matthew R. Penn
INT. THE CONFERENCE ROOM OF A HIGH-PRICED LAW FIRM - LATE AFTERNOON
MALE ATTORNEY: . . .and in return for my client's performance of twenty minutes of cunnilingus, Miss Kumstein agrees to maintain a labia coiffed to within 1/16th of an inch at all times.
FEMALE ATTORNEY: Except, of course, during her--
MALE ATTORNEY: Of course. (pause) Okay, I'd like to turn your attention now to page 114 of the rider. . .
FEMALE CLIENT: (reading) WHAT? (turning to Male Client; screaming) I cannot believe that you would make me SIGN this! Are you out of your MIND? We just established that you would be willing to go down on me for twenty minutes if I keep my pubic topiary to a minimum--and that was humiliating enough, thank you very much--but now you want me to certify that I don't have a PENIS??? Are you fucking--
FEMALE ATTORNEY: Stephanie, I think--
FEMALE CLIENT: (ignoring her; to Male Client) Let me ask you something, Roy--do YOU have a penis? Because from what Lois told me--
MALE CLIENT: Y'know what, bitch? Go fuck YOURSELF, okay? You don't need a lawyer for that. (to his attorney) I don't need to take this shit, Alan. I'm out of here!
MALE ATTORNEY: (pleading) Roy? Wait--
FEMALE CLIENT: (to Male Attorney) And you can go fuck YOURSELF, you pig! I can't speak for YOUR dick, but I know that you have some BALLS asking a woman a question like that. (to Female Attorney) Hey, here's a joke for you. What's the difference between a swan and a lawyer?
FEMALE ATTORNEY: Stephanie, please--
FEMALE CLIENT: A swan can shove its bill up its ass. (pause) Just tell my father what I owe you, and he'll take care of it. See ya!
MALE ATTORNEY: (shrugging shoulders) Melanie, I'm really--
FEMALE ATTORNEY: Forget it, Alan. It's not your fault. All in a day's work.
MALE ATTORNEY: You understand that I was just doing my job? What my client asked me--
FEMALE ATTORNEY: I understand. Last week, I had to get a guy to certify that he wouldn't wear MY client's clothing.
MALE ATTORNEY: (laughing) Yeah. That's always a tricky one.
FEMALE ATTORNEY: I tell ya. Especially considering that he was willing to compromise by agreeing to leave her lingerie alone if he could try on her shoes!
MALE ATTORNEY: (laughing) Say, woud you like to join me for a drink?
FEMALE ATTORNEY: I'd love to. I could use a drink.
MALE ATTORNEY: (laughing) I just want to warn you, though, that if a few martinis lead to anything--
FEMALE ATTORNEY: I think we'll just cross that bridge when we come to it, okay?
MALE ATTORNEY: (gathering coat and briefcase) Shall we?
FADE TO BLACK
As Arte Johnson used to say on Laugh In, “Very interesting! But crazy.”
Do I think that this sort of agreement would be otherwise valid? My visceral reaction is to imagine that it would be. It’s not solicitation, for the simple reason that what is being covenanted is behavior following sex. That is, there is a presupposition of a sexual encounter, and the bargained for exchange concerns the respective duties of the parties to one another, as well as the consideration being offered in return for the waiver of rights, post-flagrante; as if to say, “Yes, I will fuck you, Margaret. But don't you screw ME, capice?” Believe me, most women understand perfectly.
The woman’s enjoyment isn’t the issue here, Jen. (I know. Is it ever?) What is at issue is that there be some consideration (and not the pulling her chair, holding the door kind) offered. He takes her to dinner, buys her a drink, pays for her valet parking or carfare home, whatever, and that serves as consideration for her waiving the right to bring a paternity suit against him. At least, that’s the idea.
But the trouble is, as a practical matter, this is just stupid. In the first place, what sort of woman, if she really were afraid that no birth control device is 100% fool-proof, would waive her child’s right to support in return for a couple tequila shots or some popcorn shrimp? And, guys, ask yourself whether a woman likely to go out of her way to blackmail you by getting knocked up on purpose, is going to have the financial wherewithal, much less savvy, to hunt you down and get a magistrate to force you to supply a DNA sample to determine that Billie Jean is just a girl who says that you are the one. Forget it. If you’re worried about catching the clap, my advice, kemosabe, is to either—here’s a novel idea—NOT FUCK HER, or at least wear a condom.
More importantly, if wills and pre-nuptial agreements are challenged all the time, and sometimes successfully, you can bet that these mostly worthless pieces of paper will be shredded like a ten-cent French tickler if they're contested in court. That’s because IF a woman gets knocked up, even on purpose, the fetus will be deemed to have certain rights. If she wants to abort it, she will. If she wants to bring it to term and prove that it’s yours, the state will have an interest in protecting the rights of a child; to say nothing of its mother.
There is also the matter of competency to consider. If she signed the agreement only after you surreptitiously added a date-rape drug to her Cosmopolitan, she was arguably not in a frame of mind to write her number on the back of a cocktail napkin, much less to affix her signature to a legally binding agreement, right?
But who is signing these things, anyway? Have you taken a good LOOK at Donald Trump recently? Believe me, Melania (or Marla, or even the Ivana) was not thinking, “Ah, fuck the money. I must have you, you silly, follicly-challenged egomaniac!” Donald Trump knows it. And the women out there--yes, even the blonde ones--know that you’re not Donald Trump.
Forgetting about the object of your affection, screw this nonsense!
Of the many dozens of women on my "Remember-to-Bone" list, I honestly cannot think of ONE who would remain fuckable with a condom on. That's why I've gone and printed ten copies of the pre sex contract, in gold leaf, on red, pink and fuschia letterhead--classy;) I will give them out as Valentines next year to my top ten "Most-Boneable".
Hi Jen,
I like your Blog and appreciate all the attention you are giving to my Pre-Sexual Agreement. One point is apparently being misconstrued and requires clarification. The Pre-Sexual Agreement does not in any way, shape or form attempt to negate an individual's obligations with respect to paternity. In point of fact, in the event of a pregnancy and/or birth the best interests of the child would be paramount and any provision which would attempt to circumvent a father's child support obligations or which would try to compel the woman to have an abortion would, quite properly, be rendered null and void as a matter of public policy. It is for this reason that any reference to pregnancy or paternity was deliberately omitted from the Pre-Sexual Agreement. The reference in the Agreement regarding the individual promising never to seek financial or other compensation is intended to protect celebrities from subsequent attempts at extortion, selling her/his "story" to the tabloids, the exploitation and sale of celebrity sex tapes, and/or any other attempt to "cash in" at the celebrity's expense. Also, keep in mind that the "Pre-Shtup", as you and others have referred to it, is gender neutral and may be given by a woman to a man as well as the other way around.
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