The Intersection of Guess Culture and Sex is Rape Culture

[Content note: sexual violence]

In discussions about “Baby, It’s Cold Outside,” a Christmas song in which a man persistently pressures a woman to stay at his house instead of going home to her family for the night, many consent-aware people point out that given the time period in which the song was written, it should be interpreted as playful, fully-consensual banter.

Even the line, “Say, what’s in this drink?” is meant as a jokey reference to how strong the alcohol is rather than the way we read it today–an implication that date rape drugs are involved. Viewed in its proper context, the song is actually a celebration of female sexual agency–something that wasn’t exactly condoned at the time–because the woman in the song is clearly looking for excuses to stay with the guy she likes.

Given my own cultural background, I have a lot of sympathy for this interpretation because it’s exactly how I was brought up to expect these things to go. I’ve had consensual, fun interactions of this sort with partners. It was how I always interpreted the song growing up.

But as others have pointed out, even this interpretation means that women cannot say “yes” to sex directly and that’s nothing to be celebrated. That’s part of the problem. If men cannot expect women to say “yes” directly–if they’re taught that sometimes, “no” actually means “yes”–that creates way too much room for misinterpretation and sexual violence.

I’ve written about Guess Culture here a lot. The type of interaction presented in “Baby, It’s Cold Outside” is a great example of Guess Culture. The man in the song never comes out and says that he wants to have sex. In fact, he never even directly asks the woman to stay the night. Instead, he encourages her to stay later than she meant, have another drink, it’s so cold outside, you wouldn’t want to go outside in that, imagine how bad I’d feel if anything happened to you…

Likewise, the woman neither says, “I really want to stay over but I can’t this time,” nor “I’m not interested in you that way, I’m leaving.” Instead, she’s supposed to understand that the man is implying that he wants to have sex, and he’s supposed to understand that…this is where things get a little hazy. Critics of the song say that he’s supposed to understand that she’s actually not interested but won’t say so directly because she’s been socialized not to and doesn’t want to hurt his feelings. People who think the song is fine say that he’s supposed to understand that she really wants to stay, perhaps even intends to, but feels obligated to first present this list of “excuses” to show that she’s a “good girl” who won’t just jump right into bed with someone.

And like I said, it could totally happen that way. I’ve had it happen that way. Maybe the specific people in this song are an established couple for whom this is an established consensual pattern. (But just because they’re an established couple for whom this is an established pattern does not necessarily make it consensual.)

The problem is that:

There is no way for the man to know if she’s saying yes or no.

And when your “yes” looks and sounds exactly the same as your “no,” you’re not communicating effectively. When your “hey, I’m really worried about you going out in this weather, please crash here for the night” sounds exactly the same as your “I’m having sex with you tonight whether you like it or not,” you’re not communicating effectively. But if you would like to violate people’s boundaries, having the latter sound exactly like the former is very clever.

That’s who this communication style is primarily serving.

When people say that we live in a rape culture, we don’t mean that all rape is considered permissible in all circumstances, or that all sex is rape, or even that all sex without clear and explicit consent is rape. What we do mean is that our culture normalizes sexual practices and ways of interacting that sharply increase the likelihood that people will have sex with someone without their consent–that they will commit sexual violence.

One of the ways this works is plausible deniability. In our culture, someone can say something like, “But I totally thought they were into it! I thought they’d say no if they actually wanted me to stop!” and people treat this as evidence against sexual assault. Someone can intentionally violate someone’s boundaries and say the exact same thing and get away with it.

That’s why “Baby, It’s Cold Outside” is kind of terrifying regardless of the context it was originally written in, or the feelings of the hypothetical people in the song. In real life, a woman in that situation might feel wanted, cared about, and flirted with. Or she might feel pressured, coerced, and trapped. As the other person in that interaction, how are you supposed to know? You can’t.

I get that many people find these interactions fun and exciting. I get that it’s how many of us were raised. I get that even I might momentarily feel kind of unwanted if I playfully say, “Oh, I don’t think so, I really have to go…” and a partner immediately says, “Oh ok I’ll take you home right now then!” I get that for many of us, women and folks socialized as women especially, it can be hard to believe that someone really wants us if they don’t seem to “fight” for it.

But mind-reading is a hell of a flimsy hook to hang your bodily autonomy on.


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The Intersection of Guess Culture and Sex is Rape Culture