From: matt@smoke.brl.mil (Matthew Rosenblatt)
Newsgroups: misc.legal
Subject: Re: Pre-Sex Contract
Summary: A girl's got a right to change her mind.
Keywords: sex, agreement, legal, contract
Date: 23 Dec 92 18:50:20 GMT
Organization: U.S. Army Ballistic Research Lab, APG MD.

In article <1992Dec14.061907.22643@rotag.mi.org> kevin@rotag.mi.org 
(Kevin Darcy) writes:

>In article <geDZuB2w165w@dogear.spk.wa.us> bobk@dogear.spk.wa.us 
>(Bob Kirkpatrick) writes:

>>As such, I maintain the position that women have, by virtue of biology, an
>>opportunity that men don't have. I maintain that women's ability to choose
>>carriage or abortion deals in terms of the "inalienable rights" our society
>>believes in on the whole.   [Bob Kirkpatrick]

Yeah, that's Status Law.  Can a contract alter Status Law?

>>This leaves me with the position that if a person
>>absolutely doesn't wish to be a dad (or mom), they need to be cautious way
>>up front --before and during sex.

>>I've heard the arguments about broken condoms, women poking holes in their
>>diaphragms, all of that stuff. It still doesn't remove the responsibility
>>that both (could be) parents need to go the distance in terms of prevention.
>>[Bob Kirkpatrick]

>Bob, in what way are the contracts being proposed and developed NOT 
>evidence of using foresight and "caution" in one's affairs? Surely you
>don't oppose the idea of people talking about birth control and parenthood
>before having sex, and coming to some sort of mutual agreement, do you?
>Well, these contracts are simply an attempt to formalize those verbal
>agreements. And no-one is obligated to sign them if they don't wish to.

>Or, like Rosenblatt, do you believe in Female Privilege, specifically, the
>Privilege to Change One's Mind About Parenthood, even if that privilege comes
>at the expense of the man's property rights? To me, all Rosenblatt's bluster 
>about Female Privilege sounded like Looney Tunes. I didn't think anyone took
>him seriously...   [Kevin Darcy]

Yeah, Looney Tunes.  Let's see if a woman can alter her Status-Law-based
Female Privilege by contract:

  Fornication Contract:  The party of the first part, hereinafter
  "Stud," and the party of the second part, hereinafter "Slut,"
  for good and valuable consideration, agree as follows:  If
  sexual intercourse between them results in pregnancy, Slut 
  hereby consents that Stud may use RU-486 to terminate such
  pregnancy at a time and place of Stud's own choosing.

Now, not too many girls are gonna sign such a contract.  But suppose
one does, and she gets pregnant, and subsequently word gets to Stud
that she has Changed Her Mind and wishes to carry the pregnancy to
term.  So Stud gets some third party, someone whom Slut would not have
any reason to be wary of, to sprinkle RU-486 into Slut's salad or drink
when she is not looking.  Slut miscarries her pregnancy, and later finds
out what Stud did.  Slut sues Stud for "chemical assault & battery":
"He killed my baby!  He killed my baby!"  

Stud defends by citing the Fornication Contract:  "She consented to
my altering her body chemistry with RU-486.  She consented in writing,
for good and valuable consideration.  How can she sue me for doing
what she consented to my doing?"  Slut counters with, "Stud knew 
that I had Changed My Mind and withdrawn my consent.  I claim my
Rosenblatt-supported Privilege to Change My Mind About Parenthood,
which every girl has, contract or no contract.  My right to Change 
My Mind About Parenthood is *inalienable*, which means that no contract 
purporting to waive that right is binding on me."

My guess is that Mr. Darcy would side with the Slut here against
the Stud and uphold the very Privilege to Change One's Mind About
Parenthood that he derides in his reply to Mr. Kirkpatrick.  See, 
she can't contract to waive her sacred "right to bodily integrity" 
so as to permit him to foreclose the birth of an illegitimate child.  
Mr. Darcy wouldn't let her waive *her own* rights.  The only rights 
he'd let her waive by contract are *her unborn child's* rights to 
paternal support.  How convenient!

					-- Matt Rosenblatt
                                        (matt@amsaa.brl.mil)

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