Sexual consent: Difference between revisions

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'''Sexual consent''' plays an important role in defining what sexual assault is, since [[Human sexual activity|sexual activity]] without consent by all parties is considered [[rape]].<ref name=Roffee/><ref name=Beres>{{cite journal|last=Beres. A|first=Melanie|title='Spontaneous' Sexual Consent: An Analysis of Sexual Consent Literature|journal=Feminism & Psychology|date=18 January 2007|volume=17|issue=93|page=93|doi=10.1177/0959353507072914}}<!--|accessdate=28 October 2013--></ref> In the late 1980s, academic Lois Pineau argued that we must move towards a more communicative model of sexuality so that consent becomes more explicit and clear, objective and layered, with a more comprehensive model than "no means no" or "yes means yes".<ref name=PINEAU>{{cite journal|last=Pineau|first=Lois|title=‘Date Rape: A Feminist Analysis’|journal=Law and Philosophy|year=1989|volume=8|issue=217}}</ref> Many universities have instituted campaigns about consent. Creative campaigns with attention-grabbing slogans and images that market consent can be effective tools to raise awareness of campus sexual assault and related issues.<ref>Thomas KA, Sorenson SB, Joshi M. "Consent is good, joyous, sexy": A banner campaign to market consent to college students. Journal of American College Health. 2016; 64(8):639-650</ref>
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<span style="color:red;font-size:48px">ANIMALS CANNOT CONSENT YOU DUMB SHITSKIN APES! EVEN IF THE ANIMAL TRIES TO FUCK YOU!</span>
In Canada "consent means…the voluntary agreement of the complainant to engage in sexual activity" without abuse or exploitation of "trust, power or authority", coercion or threats.<ref name=canadiancriminalcode>{{cite journal|last=Criminal Code|first=Canadian|url=http://laws-lois.justice.gc.ca/eng/acts/C-46/page-137.html#docCont|title=‘Canadian Criminal Code’|date=2015}} Retrieved March 13, 2015.</ref> Consent can also be revoked at any moment.<ref name=Hall>{{cite journal|last=Hall|first=David S.|title=‘Consent for Sexual Behavior in a College Student Population’|journal=Electronic Journal of Human Sexuality|date=10 August 1998|volume=1}}</ref>
[[index.php?title=Category:Sexual ethics]]
 
[[index.php?title=Category:Rape]]
Since the late 1990s, new models of sexual consent have been proposed. Specifically, the development of "yes means yes" and affirmative models, such as Hall's definition: "the voluntary approval of what is done or proposed by another; permission; agreement in opinion or sentiment."<ref name=Hall/> Hickman and Muehlenhard state that consent should be "free verbal or nonverbal communication of a feeling of willingness' to engage in sexual activity."<ref>Hickman, S.E. and Muehlenhard, C.L. (1999) '"By the Semi-mystical Appearance of a Condom": How Young Women and Men Communicate Sexual Consent in Heterosexual Situations', The Journal of Sex Research 36: 258–72.</ref> Affirmative consent may still be limited since the underlying, individual circumstances surrounding the consent cannot always be acknowledged in the "yes means yes", or in the "no means no", model.<ref name=Roffee>{{cite web|url=https://link.springer.com/chapter/10.1057%2F9781137476159_5|title=Roffee James A., ‘When Yes Actually Means Yes: Confusing Messages and Criminalising Consent’ in Rape Justice: Beyond the Criminal Law eds. Powell A., Henry N., and Flynn A., Palgrave, 2015}}</ref>
[[index.php?title=Category:Human sexuality]]
==Unable to consent==
[[index.php?title=Category:Terms]]
Some individuals are unable to give consent. Children or [[Minor (law)|minors]] below a certain age, the [[Age of consent|age of sexual consent]] in that [[jurisdiction]], are deemed not able to give valid consent by law to sexual acts. Likewise, persons with [[Alzheimer's disease]] or similar disabilities may be unable to give [[Consent (criminal law)|legal consent]] to sexual relations even with their spouse.<ref name=NYT42215>{{cite news|author1=Pam Belluck|title=Iowa Man Found Not Guilty of Sexually Abusing Wife With Alzheimer’s|url=https://www.nytimes.com/2015/04/23/health/iowa-man-found-not-guilty-of-sexually-abusing-wife-with-alzheimers.html|accessdate=April 23, 2015|work=The New York Times|date=April 22, 2015}}</ref>
==Defining and communicating==
Within literature, definitions surrounding consent and how it should be communicated have been contradictory, limited or without consensus.<ref name=Roffee/><ref name=Beres/> Roffee argued that legal definition needs to be universal, so as to avoid confusion in legal decisions. He also demonstrated how the moral notion of consent does not always align with the legal concept. For example, some adult siblings or other family members may voluntarily enter into a relationship, however the legal system still deems this as incestual, and therefore a crime.<ref>{{cite journal|doi=10.1093/hrlr/ngu023|title= No Consensus on Incest? Criminalisation and Compatibility with the European Convention on Human Rights| volume=14 | journal=Human Rights Law Review|pages=541–572}}</ref> Roffee argues that the use of particular language in the legislation regarding these familial sexual activities manipulates the reader to view it as immoral and criminal, even if all parties are consenting.<ref>{{cite journal|url=http://journals.sagepub.com/doi/abs/10.1177/0964663913502068?legid=spsls%3B23%2F1%2F113&patientinform-links=yes|title= The Synthetic Necessary Truth Behind New Labour’s Criminalisation of Incest| doi=10.1177/0964663913502068 | volume=23|journal=Social & Legal Studies|pages=113–130}}</ref> Similarly, some children under the legal age of consent may knowingly and willingly choose to be in a sexual relationship. However the law does not view this as legitimate. Whilst there is a necessity for an age of consent, it does not allow for varying levels of awareness and maturity. Here it can be seen how a moral and a legal understanding do not always align.<ref>{{cite web|url=http://www.palgraveconnect.com/pc/doifinder/10.1057/9781137476159.0009|title=Roffee, James (2015). When Yes Actually Means Yes in Rape Justice. 72 - 91|deadurl=yes|archiveurl=https://web.archive.org/web/20170202053600/http://www.palgraveconnect.com/pc/doifinder/10.1057/9781137476159.0009|archivedate=2017-02-02|df=}}</ref>
==Education initiatives==
Initiatives in sex education programs are working towards including and foregrounding topics of and discussions of sexual consent, in primary, high school and college Sex Ed curricula.  In the UK, the Personal Social Health and Economic Education Association (PSHEA) is working to produce and introduce Sex Ed lesson plans in British schools that include lessons on "consensual sexual relationships," "the meaning and importance of consent" as well as "[[rape myth]]s".<ref name=UK>{{cite journal|last=Rawlinson|first=Kevin|title='Plans for sexual consent lessons in schools 'do not go far enough''|date=9 March 2015}} Retrieved March 13, 2015.</ref> In U.S., California-Berkeley University has implemented affirmative and continual consent in education and in the school’s policies.<ref name=consentpolicy>{{cite journal|last=Grinberg|first=E.|url=http://www.cnn.com/2014/09/03/living/affirmative-consent-school-policy/|title=‘Enthusiastic yes in sex consent education’|date=29 September 2014}} Retrieved March 13, 2015.</ref> In Canada, the Ontario government has introduced a revised Sex Ed curriculum to Toronto schools, including new discussions of sex and affirmative consent, healthy relationships and communication.<ref name=CAN>{{cite journal|last=Rushowy|first=Kristin|url=https://www.thestar.com/yourtoronto/education/2015/02/25/in-ontario-sex-ed-consent-the-hot-issue.html|title=‘In Ontario sex ed, consent the hot issue’|date=25 February 2015}} Retrieved March 10, 2015.</ref> Many universities have instituted campaigns about consent. Creative campaigns with attention-grabbing slogans and images that market consent can be effective tools to raise awareness of campus sexual assault and related issues.<ref>Thomas KA, Sorenson SB, Joshi M. "Consent is good, joyous, sexy": A banner campaign to market consent to college students. Journal of American College Health. 2016; 64(8):639-650</ref>
 
===Affirmative===
 
Affirmative consent (sometimes called "enthusiastic yes") is when both parties agree to sexual conduct, either through clear, verbal communication or nonverbal cues or gestures.<ref name=Grinberg>{{cite journal|last=Grinberg|first=E.|url=http://www.cnn.com/2014/09/03/living/affirmative-consent-school-policy/|title=‘Enthusiastic yes in sex consent education’|date=29 September 2014}} Retrieved March 10, 2015.</ref> It involves communication and the active participation of people involved. This is the approach endorsed by colleges and universities in the U.S.,<ref>"...affirmative consent standards have been adopted at colleges across the nation, including every ivy league university except Harvard. "Affirmative consent: A primer"  Christine Emba ''Washington Post'' Oct 12 2015 https://www.washingtonpost.com/news/in-theory/wp/2015/10/12/affirmative-consent-a-primer/</ref> who describe consent as an "affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity." According to Yoon-Hendricks, a staff writer for Sex, Etc., "Instead of saying 'no means no,' 'yes means yes' looks at sex as a positive thing." Ongoing consent is sought at all levels of sexual intimacy regardless of the parties' relationship, prior sexual history or current activity ("Grinding on the dance floor is not consent for further sexual activity," a university policy reads).<ref name=Grinberg/> By definition, affirmative consent cannot be given if a person is intoxicated, unconscious or asleep.
 
There are three pillars often included in the description of sexual consent, or "the way we let others know what we're up for, be it a good-night kiss or the moments leading up to sex."
 
They are:
 
# Knowing exactly what and how much I'm agreeing to
# Expressing my intent to participate
# Deciding freely and voluntarily to participate<ref name=Grinberg/>
 
To obtain affirmative consent, rather than waiting to say or for a partner to say "no", one gives and seeks an explicit "yes". This can come in the form of a smile, a nod or a verbal yes, as long as it's unambiguous, enthusiastic and ongoing. "There's varying language, but the language gets to the core of people having to communicate their affirmation to participate in sexual behavior," said Denice Labertew of the California Coalition Against Sexual Assault.<ref name=Grinberg/> "It requires a fundamental shift in how we think about sexual assault. It's requiring us to say women and men should be mutually agreeing and actively participating in sexual behavior."<ref name=Grinberg/>
 
[[Category:Sexual ethics]]

Latest revision as of 18:08, 26 March 2026

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