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Affirmative consent ("yes means 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> "Yes means yes" was developed by a group of women at the US liberal arts school Antioch College in 1991, who "...successfully petitioned for a conduct-code amendment that explicitly defined sexual consent as requiring an enthusiastic “yes” from everyone involved. <ref>{{cite web |url=https://www.washingtonpost.com/news/soloish/wp/2018/02/15/no-means-no-to-yes-means-yes-how-our-language-around-sexual-consent-has-changed/?noredirect=on&utm_term=.483f5d0700ee |title=‘No means no’ to ‘yes means yes’: How our language around sexual consent has changed |last=Mettler |first=Katie |date=15 February 2018 |website= www.washingtonpost.com|publisher=Washington Post |access-date=9 June 2018 |quote=}}</ref> Prior to this, sex was considered consensual as long as neither party said “no.”" (the "no means no" approach). As of 2014, at Antioch College, students must "...get explicit verbal permission before making any sexual advance", asking "'Can I do this?' And the [other] person has to respond verbally, 'Yes.' And if they don't, it's considered nonconsent, and that's a violation of...[college] policy"; a pre-arranged hand signal can also be used if the students made a "prior verbal agreement".<ref>{{cite web |url=https://www.npr.org/2014/06/13/321677110/a-campus-dilemma-sure-no-means-no-but-exactly-what-means-yes |title=A Campus Dilemma: Sure, 'No' Means 'No,' But Exactly What Means 'Yes'? |last=Smith |first=Tovia |date=14 June 2014 |website=www.npr.org |publisher=NPR |access-date=9 June 2018 |quote=}} </ref>
Affirmative consent ("yes means 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> "Yes means yes" was developed by a group of women at the US liberal arts school Antioch College in 1991, who "...successfully petitioned for a conduct-code amendment that explicitly defined sexual consent as requiring an enthusiastic “yes” from everyone involved. <ref>{{cite web |url=https://www.washingtonpost.com/news/soloish/wp/2018/02/15/no-means-no-to-yes-means-yes-how-our-language-around-sexual-consent-has-changed/?noredirect=on&utm_term=.483f5d0700ee |title=‘No means no’ to ‘yes means yes’: How our language around sexual consent has changed |last=Mettler |first=Katie |date=15 February 2018 |website= www.washingtonpost.com|publisher=Washington Post |access-date=9 June 2018 |quote=}}</ref> Prior to this, sex was considered consensual as long as neither party said “no.”" (the "no means no" approach). As of 2014, at Antioch College, students must "...get explicit verbal permission before making any sexual advance", asking "'Can I do this?' And the [other] person has to respond verbally, 'Yes.' And if they don't, it's considered nonconsent, and that's a violation of...[college] policy"; a pre-arranged hand signal can also be used if the students made a "prior verbal agreement".<ref>{{cite web |url=https://www.npr.org/2014/06/13/321677110/a-campus-dilemma-sure-no-means-no-but-exactly-what-means-yes |title=A Campus Dilemma: Sure, 'No' Means 'No,' But Exactly What Means 'Yes'? |last=Smith |first=Tovia |date=14 June 2014 |website=www.npr.org |publisher=NPR |access-date=9 June 2018 |quote=}} </ref>


The "yes means yes" approach 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.
The "yes means yes" approach 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." Claremont McKenna College Dean of Students Mary Spellman says "yes means yes" can be expressed nonverbally by determining "[i]s the [other] person actively participating?...Are they touching me when I am touching them? Are they encouraging me when I'm doing various different things? Those would all be signs that the person is an active participant in whatever is going on."<ref>{{cite web |url=https://www.npr.org/2014/06/13/321677110/a-campus-dilemma-sure-no-means-no-but-exactly-what-means-yes |title=A Campus Dilemma: Sure, 'No' Means 'No,' But Exactly What Means 'Yes'? |last=Smith |first=Tovia |date=14 June 2014 |website=www.npr.org |publisher=NPR |access-date=9 June 2018 |quote=}} </ref>
 
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."
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."

Revision as of 12:07, 9 June 2018

Sexual consent plays an important role in defining what sexual assault is, since sexual activity without consent by all parties is considered rape.[1][2] 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".[3] 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.[4]

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.[5] Consent can also be revoked at any moment.[6]

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."[6] Hickman and Muehlenhard state that consent should be "free verbal or nonverbal communication of a feeling of willingness' to engage in sexual activity."[7] 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.[1]

Unable to consent

Some individuals are unable to give consent. Children or minors below a certain age, the 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 legal consent to sexual relations even with their spouse.[8]

In some jurisdictions, individuals who are intoxicated from alcohol or drugs cannot consent. For example, "Michigan Criminal Sexual Conduct Laws ...declare that it is a crime to have sex with someone while that person is “mentally incapacitated” - defined as being “temporarily incapable of appraising or controlling [their] conduct due to the influence of a narcotic, anesthetic, or other substance" as the "person who is intoxicated is legally unable to give consent to sexual activity".[9]

Defining and communicating

Within literature, definitions surrounding consent and how it should be communicated have been contradictory, limited or without consensus.[1][2] 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.[10] 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.[11] 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.[12]

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 myths".[13] In U.S., California-Berkeley University has implemented affirmative and continual consent in education and in the school’s policies.[14] 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.[15] 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.[16]

"No means no"

The Canadian Federation of Students (CFS) created the “No Means No” campaign in the 1990s to increase awareness by university students about "sexual assault, acquaintance rape, and dating violence" and decrease the incidence of these issues. The CFS developed a “No Means No” campaign that included research on sexual assault and producing and distributing buttons, stickers, posters and postcards with the slogan and other information. According to the CFS, "no Means No” "...encourages a no-tolerance attitude towards sexualized violence and harassment, and aims to educate and promote discussion surrounding sexualized violence and enthusiastic consent."[17]

Affirmative: "yes means yes"

Affirmative consent ("yes means yes") is when both parties agree to sexual conduct, either through clear, verbal communication or nonverbal cues or gestures.[18] "Yes means yes" was developed by a group of women at the US liberal arts school Antioch College in 1991, who "...successfully petitioned for a conduct-code amendment that explicitly defined sexual consent as requiring an enthusiastic “yes” from everyone involved. [19] Prior to this, sex was considered consensual as long as neither party said “no.”" (the "no means no" approach). As of 2014, at Antioch College, students must "...get explicit verbal permission before making any sexual advance", asking "'Can I do this?' And the [other] person has to respond verbally, 'Yes.' And if they don't, it's considered nonconsent, and that's a violation of...[college] policy"; a pre-arranged hand signal can also be used if the students made a "prior verbal agreement".[20]

The "yes means yes" approach involves communication and the active participation of people involved. This is the approach endorsed by colleges and universities in the U.S.,[21] who describe consent as an "affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity." Claremont McKenna College Dean of Students Mary Spellman says "yes means yes" can be expressed nonverbally by determining "[i]s the [other] person actively participating?...Are they touching me when I am touching them? Are they encouraging me when I'm doing various different things? Those would all be signs that the person is an active participant in whatever is going on."[22]

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).[18] 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:

  1. Knowing exactly what and how much I'm agreeing to
  2. Expressing my intent to participate
  3. Deciding freely and voluntarily to participate[18]

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.[18] "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."[18]

References

  1. ↑ 1.0 1.1 1.2 "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".
  2. ↑ 2.0 2.1 Beres. A, Melanie (18 January 2007). "'Spontaneous' Sexual Consent: An Analysis of Sexual Consent Literature". Feminism & Psychology. 17 (93): 93. doi:10.1177/0959353507072914.
  3. ↑ Pineau, Lois (1989). "'Date Rape: A Feminist Analysis'". Law and Philosophy. 8 (217).
  4. ↑ 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
  5. ↑ Criminal Code, Canadian (2015). "'Canadian Criminal Code'". {{cite journal}}: Cite journal requires |journal= (help) Retrieved March 13, 2015.
  6. ↑ 6.0 6.1 Hall, David S. (10 August 1998). "'Consent for Sexual Behavior in a College Student Population'". Electronic Journal of Human Sexuality. 1.
  7. ↑ 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.
  8. ↑ Pam Belluck (April 22, 2015). "Iowa Man Found Not Guilty of Sexually Abusing Wife With Alzheimer's". The New York Times. Retrieved April 23, 2015.
  9. ↑ "Alcohol & Sexual Assault". sapac.umich.edu. University of Michigan Sexual Assault Prevention and Awareness Center. Retrieved 9 June 2018.
  10. ↑ "No Consensus on Incest? Criminalisation and Compatibility with the European Convention on Human Rights". Human Rights Law Review. 14: 541–572. doi:10.1093/hrlr/ngu023.
  11. ↑ "The Synthetic Necessary Truth Behind New Labour's Criminalisation of Incest". Social & Legal Studies. 23: 113–130. doi:10.1177/0964663913502068.
  12. ↑ "Roffee, James (2015). When Yes Actually Means Yes in Rape Justice. 72 - 91". Archived from the original on 2017-02-02. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  13. ↑ Rawlinson, Kevin (9 March 2015). "'Plans for sexual consent lessons in schools 'do not go far enough". {{cite journal}}: Cite journal requires |journal= (help) Retrieved March 13, 2015.
  14. ↑ Grinberg, E. (29 September 2014). "'Enthusiastic yes in sex consent education'". {{cite journal}}: Cite journal requires |journal= (help) Retrieved March 13, 2015.
  15. ↑ Rushowy, Kristin (25 February 2015). "'In Ontario sex ed, consent the hot issue'". {{cite journal}}: Cite journal requires |journal= (help) Retrieved March 10, 2015.
  16. ↑ 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
  17. ↑ "No means no, in every way, in every language". cfs-ns.ca. Canadian Federation of Students. Retrieved 9 June 2018.
  18. ↑ 18.0 18.1 18.2 18.3 18.4 Grinberg, E. (29 September 2014). "'Enthusiastic yes in sex consent education'". {{cite journal}}: Cite journal requires |journal= (help) Retrieved March 10, 2015.
  19. ↑ Mettler, Katie (15 February 2018). "'No means no' to 'yes means yes': How our language around sexual consent has changed". www.washingtonpost.com. Washington Post. Retrieved 9 June 2018.
  20. ↑ Smith, Tovia (14 June 2014). "A Campus Dilemma: Sure, 'No' Means 'No,' But Exactly What Means 'Yes'?". www.npr.org. NPR. Retrieved 9 June 2018.
  21. ↑ "...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/
  22. ↑ Smith, Tovia (14 June 2014). "A Campus Dilemma: Sure, 'No' Means 'No,' But Exactly What Means 'Yes'?". www.npr.org. NPR. Retrieved 9 June 2018.
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