Lacan, sex work, rape and the class war

I: SURPLUS-ENJOYMENT

 

            For Jacques Lacan (and to a certain limited extent, the late Freud) sexuality is not something that is whole, complete or consistent in of itself and that is repressed “from the outside”, as if there is a possibility of an uninhibited and “free” sexuality that society/patriarchy/the state/etc. is repressing. Instead, sexuality is precisely the most inconsistent, incoherent, chaotic and incomplete thing from the inside. In her book “What is sex?”, Alenka Zupancic explains how the reason we find it so hard to talk about sex is not because society, or some external force, is repressing it, but because sexuality itself is the inner limit of language. That is, sexuality is not some unsymbolizable and unimaginable thing outside language (it is not transcendent, like Kant’s noumenon), instead it is the word we use for the very breakdown of language from within. Language itself is inconsistent, incomplete, and that lack within language is what humans call “sex”. To “sexualize” something means to ascribe that inconsistency of language to it – a sexualized activity is called “having sex”, a sexualized joke is a “dirty” joke, a sexualized body part becomes a sexual organ, etc.

            On the politicization of sexuality, we should immediately reject the commonly-held assumption (that even some Lacanians fall under the trap of, like Mladen Dollar sometime in this video1) that it is only conservatives who find sex something “taboo” and the liberal-progressives who want to liberate it. This is only a simulacrum, a mask – in fact, both the “socially conservative” and the “socially progressive” camp want to repress it and liberate it at the same time, but in opposite ways. For the socially conservative camp, sexuality is only taboo in the sense of the object of desire, not in the sense of desire itself – it is when sexuality is viewed “objectively”, as if from the outside, and constrained and kept in check, that conservatives find it hard or embarrassing to talk about it (ex: sex ed in schools). However, when we speak of desire itself, from the subjective point of view, conservatives are the first to call for freedom of speech: cat-calling women on the street should be allowed, she was asking to be raped, etc…

            For the ‘socially progressive’ camp, it is the opposite. Politically correct sexuality is sexuality without desire, it is the “objective” or “cold” type of sexuality, which is strictly controlled and regulated and kept in check (which is itself a form of repression, in no way ‘liberated’…). For social progressives, we should be more “sex positive”: sexuality is not something to be ashamed of, we should be more open about sex, etc. However, at the same time, you should be careful about what you say: say the wrong thing and you are cancelled, you are a misogynist, a wrong stare or flirting remark can be considered verbal sexual harassment, etc. “Sex positive” progressives want to liberate sexuality where conservatives seek to repress it and vice-versa: for the sex positive camp, sex must be liberated without the subjective ‘unhinged’ element of desire – but in terms of what you say, you have to follow tightly controlled and rigid PC rules which is in no way ‘liberated’. From the subjective point of view of desire, conservative sexuality is more liberated and ‘unhinged’ (you could say, with a little exaggeration, that conservatives allow you freedom of speech only when men are “horny”).

            The most important concept in the Freudian-Lacanian paradigm of psychoanalysis when we talk about sexuality is the notion of surplus-enjoyment. Any sexual activity is never an end in of itself, it is a means to an end, a way to obtain something else (usually, the validation and boost in self-esteem not from having sex, but from having someone agreeing to have sex with you). There are many examples of this: a man enjoying serial-sexuality because it boosts his self-esteem, makes him feel “alpha” and high-status, or a feminist woman engaging in serial-sexuality because she feels like she’s saying a big fuck-you to the patriarchy by doing so, etc. Sex is always accompanied by a surplus, a signification, it symbolizes something: “what does it say about me that I am having sex?”.

            This is why Slavoj Zizek argues, in the first chapter of “The Sublime Object of Ideology”, that it is Marx who first discovered the symptom, not Freud. The psychoanalytic notion of surplus-enjoyment is analogous to the Marxist notion of surplus-value. Marx was correct to notice how in capitalism, a primary form of consumption is symbolic consumption, since the use-value and the exchange-value of a product are not the same (Baudrillard and Veblen did a lot of important work in this area too). Two pieces of clothing, for example, can have the exact same material, and yet one of them is ten times more expensive because of the brand. That is, people do not consume products because of their inherent use-value, but they buy an entire identity with them, it is a symbolic act. A product can suddenly become more expensive simply because of marketing, even if the costs of production are the same (Baudrillard criticized Marx and went as far as to say that use-value is itself a social construct determined by exchange-value – what we consider “useful” or not is also a product of marketing and other forms of mass social seduction). Buying a pair of jeans in the Soviet Union was never “just jeans” – you bought jeans as well as the identity of feeling like you are rebelling against the state. Buying Dodgecoin is never “just Dodgecoin”, it is the value of the product plus the identity of feeling like you are joining the community of Elon Musk fanboys, etc.

            Sexuality works precisely in the same way – all sexuality is surplus-enjoyment, a symbolic act, sex is never “just sex”, it is precisely that thing that is more than itself. Just like two t-shirts can have the same material and yet cost differently because of their brand, in the same way you can have sex with two people and the physical sexual act itself being identical and yet it being way more enjoyable with the second person because the second person has a higher social status (so you feel more validation and a bigger boost in self-esteem by sheer fact that the person agreed to have sex with you). Sex is always tied to a higher context. This is why Christianity has such a hard time accepting sexuality, it is not because it is too concrete and hedonistic and ‘materialistic’, like many claim, quite the opposite: sexuality is the most abstract and metaphysical act of humans, which competes with the spiritual metaphysics of religion.

           

II: WHAT IS RAPE?

 

            It should be obvious now why we should reject all oversimplifications on notions of sexuality: consent, transgender issues, etc. are never something “simple” and “obvious” to figure out – there is no concept fuller of ambiguities than sexuality. The only certain thing we can say is that it’s complicated.

            Various models of consent have been proposed over the years: from “no means no” to “yes means yes”, enthusiastic consent, etc. and yet it is enough only to visit the Wikipedia page of sexual consent2 to see how each model lacked something, had some edge cases that it did not cover.

            Here is an example where “yes means yes” is not enough: The Amazon Review Killer kidnapped a woman and told her “I don’t believe in rape, so if you don’t want to have sex with me, I will not force myself on you” and then later in that day told her “By the way, if you don’t want to have sex with me, just know that you would be useless to me so I would kill you”. The woman was indirectly coerced into ‘freely’ giving her explicit consent – this is worse than ‘regular’ rape, because not only was she forced into sexual activity, she was also forced to pretend to enjoy it, she wasn’t even allowed to complain. “You will do what I say out of your own free will”.

            This is obviously rape for everyone reading this, but what if the situation gets even more ambiguous? What if we have an actually smart manipulator with good social skills who is in a position of power over their victim and who will not tell the victim directly that they will kill them, but will make hints and allusions towards it? Just like one can indirectly or non-verbally give their consent, so we can reverse the logic and say that you can indirectly and non-verbally tell someone that you will harm them if they don’t have sex with you: a professor making implicit allusions that they will grade their student poorly, a strong man dropping hints that they have a gun on themselves or something, etc… We can see here how the notion of ‘explicit consent’ breaks down, since we have all four possible cases: explicit consent is given and it’s not rape (“regular” consent), explicit consent is given and it’s rape (you are forced to ‘freely’ do as I say), explicit consent is not given and it’s rape (“regular” rape), explicit consent is not given and it’s not rape (implicit consent).

            And isn’t what the Amazon review killer did precisely the capitalist discourse? Libertarian economists love to put the blame on the individual for having low economic success, and yet we are never told how choices are ‘freely imposed on us’ by the circumstances, and how people end up choosing the lesser evil out of the lack of alternatives. When your employer tells you “You freely chose to work here, if you don’t like it, you are always free to leave and work somewhere else” this is a false freedom, since you chose to work there because the alternatives were even worse (ex: starving to death). Or when politicians say how soldiers shouldn’t complain about being drafted to war, because they freely chose to enroll in the army and so they ‘consented’ to this possibility – yes, but maybe they chose to enroll in the army because the other alternatives were even worse…

            It is clear now why Lacan said that “there is no law of sexuality”, here’s another example that I previously gave:

 

“Any illegal transgression on the boundaries of sexual activity must be explicitly codified into a law that makes the “rules of sex” clear, so to speak. There is a problem whenever such an attempt is done, however, since the law does not allow for context, subtext, implications or vagueness – the letter of the law is by definition literal, explicit and de-contextualized. Sex is the “evil twin” of the letter of the law, since sexual activity is the activity that is most dependent on context, subtext and implications, it is by its nature both metaphorical and metonymical. In other words, sex and the letter of the law are like oil and water (…)

One of the best examples that I’ve seen in contemporary society on how sexuality can easily “pervert” or “invert” the letter of the law is in the laws regarding child molestation and child grooming. Where I live in Romania, we also had a Youtuber that was doing a similar version of that “To Catch a Predator” show: he would make fake accounts online where he pretended to be a minor below the age of consent, pedophiles would message his account and flirt with his fake account, they would plan to meet up in person and he would show up and call the police on them. However, now in Romania we do not have a strong law against child grooming, and thus, it’s only illegal to make explicit sexual demands for a minor below the age of consent. What is the consequence of this? The predators that this Youtuber was catching were usually divided into two categories: the smart manipulators who would try to first gain the (fake) minor’s trust, and the idiots with no social skills who were very sexually obscene from the start. The law in this country could only punish the latter category, and whenever the Youtuber would catch a predator in the former category, the police wouldn’t be able to do anything to them, because “I didn’t plan to have sex with the minor, I called them in my hotel room in the middle of the night only to play Monopoly!” now becomes a legitimate legal defense. Why do I say that sex “inverts” or “perverts” the letter of the law? Because this situation here is inherently ironical: the more dangerous a predator is, the less likely they are to be punished by the law. The smartest and most socially skilled ones are invincible in front of the law, and yet precisely the ones with no social skills that have almost zero chance of actually seducing even a child are those who are most likely to be punished by the law.”3

 

            So the more dangerous of a pedophile you are, the less likely the law is going to punish you, and vice-versa… Sex defies all logic, by guiding us by pure ‘logical reason’ we will always reach some sort of contradiction or paradox in sexuality.

            Isn’t this precisely the exact same case with the idea of prostitution, or more generally, sex work? Is sex work “real work”? By simply using logic, I can reach two contradictory conclusions at the same time.

            On one hand, if telling my victim “I won’t force you to have sex with me, but just know that if you don’t freely agree to have sex with me, I will kill you” is rape (and it obviously is), then I can just as easily argue that all sex work is rape, and all consumers of prostitutes are raping them, since a person in a bad financial position is indirectly forced to “freely give their consent” – the person does not choose to have sex because they enjoy it, but because the other alternative is not having money and potentially dying. Just like the victim of the Amazon review killer was directly confronted with a ‘free’ choice (have sex with him or die), so are prostitutes often indirectly confronted with the same ‘free’ choice (if I don’t have sex with him, I will have no money so I will die).

            Of course, in all capitalist exploitation there is an element of being “freely forced” to do something, but when what you have to do is sexual, the tables turn. Hence, one can immediately notice the contradictions and hypocrisy of the sex positive argument here – if sex work is just like “any other regular work” (“a person needing to have sex to not starve to death” = “a person needing to work in construction to not starve to death”), then why isn’t forcing someone to have sex with you just like forcing someone to do any other activity (in other words, why is “rape” even a thing?) or why isn’t touching someone’s private parts without consent the same as touching someone’s shoulder without consent? Or, better yet, if sex is “just some any other thing that we should be less ashamed to talk about” why is ‘verbal sexual harassment’/cat-calling a thing? Why is it more offensive to randomly ask strangers for sex than to ask them for anything else? Why is verbal sexual harassment worse than a simple “bullying” non-sexual verbal harassment?

            Of course, it is clear that sex is definitely not “like any other thing”, there is something special about it. Or, like I said in one of my previous articles, there is no exception to which sex is not the exception4: in a series of elements, sex is always the odd-one-out. From a Lacanian standpoint, what makes rape “rape” is not the forcing itself, but the surplus-enjoyment accompanied with it. There are many other activities that you can force people to do, yet none of them are as evil and diabolic as rape, there is something symbolic, metaphysical and abstract about every sexual act, just like with Marx we see how there is something symbolic about every consumption.

            It is also why in sexuality it is actually impossible to fully consent across the dimension of time, since consent can, in theory, always be revoked at any moment. With other activities, you can sign a contract that you cannot later revoke, hence having the freedom to restrain your own freedom onto the future, so to speak. Sexuality is the only activity in which you cannot consent “for your future self” – the very fact that you are always allowed to change your mind clearly indicates that sex is not like “just some random any other thing”.

            However, if we are to accept that all sex work is rape, we again face absurd contradictions, in another way. George Carlin put it best: “if selling is legal, and fucking is legal, why isn’t selling fucking legal?”. Clearly, simply stating that all consumers of prostitution are rapists, and on a similar level of morality to the ‘regular’ violent rapists, is absurd. If I can convince someone to have sex with me by other grounds – then isn’t all seduction and dating a bit like an unofficial prostitution? What if I am dating a gold digger and there is an implicit agreement that she will stop seeing me when I run out of money? The deeper we dig into the problem, the more we realize that it’s hard to define what sex work even is in the first place.

            The problem here lies in the distinction between official/unofficial. What we regularly call “official” in colloquial language is what Lacan calls the big Other – the big Other knows something when it is literally and explicitly inscribed in the letter of the law, in some sort of written or verbal contract or somehow said out loud explicitly. When a man buys a woman a drink in a club, there is a bit of a lottery there – it is not like regular prostitution in which a verbal contract is explicitly inscribed into the order of the big Other. I am reminded here of the Temple economies in the Bronze age, like the first one that started in the Sumerian empire with the invention of writing: if I were to oversimplify temple economies to the fullest, imagine a welfare state with only implicit transactions. It was like “Secret Santa”, an economy based on gift-giving and unofficial symbolic exchange: people offered gifts to the temple, and they would receive something else back in return, but without the possibility of explicitly buying and selling something they wanted, it was always a bit of a lottery.

            Sexuality is full of contradictions by itself – in a Hegelian fashion we could say that if we have reached a contradiction, then maybe it’s not our reasoning which is flawed, but sexuality itself which is inconsistent. Only using logical reason: sex work is rape and isn’t rape at the same time. And don’t we see similar paradoxes in the notion of “statutory rape”: where a person can be below the age of consent or intoxicated enough such that they cannot consent, and yet are still able to rape someone else? There is no sexuality with ambiguities, perhaps the cynical conclusion is that we have to accept that there will always be an element of ‘nonsense’ inscribed in it and choose the “lesser evil”.

 

Capitalism solves the contradictions inside sexuality by inventing the category of “consent”, but it is doomed to fail, since sex is by definition something you cannot completely consent to. Consent is better than nothing (of course, I am not advocating a return to feudalism!) but it is not perfect, it is only a patch, it does not fix the issue itself; it is as if sex was an infection and consent was a painkiller, not an antibiotic. It is a partial solution. Informed consent involves both participants knowing the details of what is about to happen. Informed consent is something that is possible to be realized in regards to storing and processing your data (ex: GDPR regulations) or in regards to participating in a scientific experiment.

Sex always was and always will be at least partially violent, chaotic and unpredictable, and hence consent can only be partial. Sexual consent is only partially informed since one cannot plan out the details of sexual intercourse beforehand (imagine the absurdity of asking for consent every two-three seconds before you make any move or touch any body part). It’s also only partially explicit and partially implied (implied not necessarily only by non-verbal cues, but also by context – the history of the relationship between the two people, etc.). This is the paradox of capitalism: consent is most important precisely when it is impossible. Consent is realizable in regards to data protection, research experiments, terms and conditions of buying an app, but precisely then people care about it the least.5

 

This is the genius of St. Augustin – who said that sex is not a sin, but the punishment for the original sin. According to him, when Adam ate the apple from the tree of knowledge, God punished him by giving him a penis to show him that he’s not the master in his own house: it will work when you want it not to work and it will not work when you want it to work… Isn’t all sex like this – it makes sense only when it does not make sense and it does not make logical sense when it does?

 

III: FROM SEX TO THE CLASS WAR

 

There is a catch here – perhaps my reasoning above was indeed a bit flawed! From the phrase “sex work” I did not put enough emphasis on the latter word “work” which clearly implies a certain class-conflict, from a Marxist perspective. Let us look again at the example from above: a poor prostitute is indirectly forced to have sex with her client, because the alternative is quite literally (starving to) death. But what if the prostitute is rich? A luxurious sex worker can clearly afford to refuse clients. It is obviously absurd to put the clients of a rich prostitute on the same moral level as a violent ‘regular’ rapist. This is the irony of our predicament today: sex work is rape, if you are poor… And what about the class divide in the clients - aren't there also some correlations between a man's wealth/income and their likelihood of using prostitutes? If everything in this world is about sex, other than sex, which is about power, then sexuality is the best instrument of the ruling class to enforce and maintain class divisions.

The answer to whether sex work should be legal or not is still enigmatic – there are many arguments to be made in favor: taxing money from the black market, increased safety for sex workers, better regulation… Yet there are also studies that show that it increases rates of human trafficking5. Maybe like a confused couple who have not yet clearly defined their relationship, when asked by a third party whether they are together or not, the only answer we can give right now is “it’s complicated”.

 

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NOTES:

1: https://www.youtube.com/watch?v=4R7SCY5zVLg

2: https://en.wikipedia.org/wiki/Sexual_consent#Education_initiatives_and_policies

3: Source: https://lastreviotheory.blogspot.com/2023/02/the-politicization-of-sexuality-voice.html

4: https://lastreviotheory.blogspot.com/2023/04/sex-and-love-as-two-confrontations-with.html

5: https://lastreviotheory.blogspot.com/2023/02/the-politicization-of-sexuality-voice.html

6: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1986065


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