The Truth About Consent: The Trevor Bauer Case

Warning: This article contains descriptions of sexual assault.

The truth about consent is that it can change. Someone can give consent, but can revoke it any time they start to feel uncomfortable or unsafe. This is what happened in the case of Los Angeles Dodgers pitcher Trevor Bauer, who has recently been accused of assaulting a woman during their relationship. What started off as consensual encounters ended in violence. What this case highlights is the complexity of consent and how sexual misconduct can occur anytime regardless of whether or not consent was given in the first place. 

According to the woman, Bauer strangled and punched her during intercourse on two separate occasions. And because it happened more than once, many criticize and wonder why she agreed to see him again. But it’s much more complex than that. Some may consent to BDSM and rough sex at first, but if they start to feel uncomfortable or unsafe, they have the right to refuse at any time. Additionally, it’s common for women to consent to unwanted sex. In one study, researchers studied the relationships of college women and whether or not they would consent to unwanted sex with their partners. They found that the main reason why a woman would consent to unwanted sex is because they feared their partner would lose interest and leave them. Others believed that sex was a relationship obligation (Impett & Peplau, 2003). We don’t know for sure if the woman in Bauer’s case felt this way, but we do know that consent is not as clear-cut as we think. 

For a while, laws about consent and sexual assault were not favorable for the victim. They had to prove they actively resisted by yelling out or screaming, and had to have two witnesses testify. Additionally, marital rape laws were not established until recently. Back then, the thought was that married women lost their rights to refuse sex from their husband, and that their husbands couldn’t commit rape in the eyes of the law (Smith, 2001). Today, anyone can be charged with this crime no matter the relationship or situation. The definition of consent has also changed where now, consent must be verbally given throughout the entire process. In the case of Trevor Bauer, the fact that he did not repeatedly ask for her consent should be accounted for. 

References

• Impett, E. A. & Peplau, L. A. (2003). Why some women consent to unwanted sex with a dating partner: Insights from attachment theory. Psychology of Women Quarterly, 26(4), 360-370. doi:10.1111/1471-6402.t01-1-00075

• Smith, M. D. (2001). Sex without consent: Rape and sexual coercion in America. New York, NY: New York University Press.