#4(p. 19) Does the marital status, age, sex or gender, species, or
race or ethnicity of one's sexual partner make a difference to the
morality of sexual acts carried out with that partner? Why or why
not? What other features of potential partners might be added to
this list? Their physical attractiveness? Income? Aspects of their
biography?
In
evaluating the morality of any act, a tempting starting point is that
golden rule which is most simply stated as the premise of medical
ethics: Do no harm. Indeed, if all one dealt with were objects,
things and creatures without self-awareness and so what we consider
volition, such a premise might suffice; damage is, after all,
something universally recognized as at least unpleasant, if not
outright reprehensible when imposed on a sensitive creature.
Humans,
though, at least in dealings with our peers, take exception to this
rule. We place the greatest emphasis, not on a choice of pain or
comfort, but on the choice itself. We find it horrible to think that
we should be subjected to anything, good or bad, without our consent.
Consent, then, respect for the independent will and thus recognition
as agent rather than object, is our highest priority in determining
how we wish to be treated, and by extension how people should treat
each other generally.
Consent
is variably influenced by the characteristics listed: social
phenomena like race/ethnicity, gender, and marital status will be
treated as having no bearing on a person's will, and thus ability to
consent. Being social characteristics, qualities which only exist
relative to others, they don't exist as qualities in the
paradigm case of a solitary person being acted on or affected by the
faceless challenges of life; to say that their ability to be willing
participants in such trials, to agree with justice or object to its
absence, comes into being with the existence of other people does not
follow. Physical attractiveness, then, must be similarly considered
irrelevant to one's ability to consent.
There
are two qualities which determine the degree to which one is able to
agree, or not, to endure their particular circumstances: power(the
availability of options) and knowledge(the awareness of one's
options). Personal characteristics which are related to the
possession of one or both of these will then be characteristics which
influence one's ability to consent; someone lacking either the power
to refuse or the knowledge that they may do so can be reasonably
described as lacking some ability to consent. Age, under this
definition, is very definitely a factor in the morality of sexual
activity with one's partner, since both knowledge and power are
relatively lacking for the young. Further, any aspect of one's
biography which impaired them in either such respect would likewise
complicate their ability to refuse a sexual advance, making such an
act an acting-on rather than an acting-with; objectification, in
other words.
Income
is a tricky consideration. An abundance of personal possessions may
well increase one's sense of power and thus resilience to the
influence of others, but on the other hand it only proves to be a
factor in consent when there is a significant disparity in the income
of the participants. Considered this way, though, the concept of
social power arises, and so admits the several qualities excluded
above as independently non-existent to be in fact important; though
being poor in itself has no bearing on a person's will, there are
situations in which refusing a particular sexual advance while being
poor may be more difficult. Does this difficulty influence one's
ability to choose, or just the choice itself? Are the factors which
would make a choice difficult the same as those which would take it
away?