Sexual consent

{{Short description|Voluntary agreement to engage in sexual activity}}

{{Use dmy dates|date=July 2022}}

Sexual consent is consent to engage in sexual activity.{{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|s2cid=143271570}} In many jurisdictions, sexual activity without consent is considered rape or other sexual assault.

= Implied and explicit =

In Canada, implied consent has not been a defence for sexual assault since the 1999 Supreme Court of Canada case of R v Ewanchuk, where the court unanimously ruled that consent has to be explicit, instead of merely "implied".{{Cite web|url=https://www.thestar.com/opinion/editorials/2015/11/13/no-still-means-no-editorial.html|title=No still means "no": Editorial|date=November 13, 2015|website=thestar.com|publisher=The Toronto Star|access-date=October 13, 2016}} In the United States, the defense may have a chance to convince the court that consent was in some way implied by the victim. Many actions can be perceived by the court as implied consent: having a previous relationship with the alleged rapist (e.g. befriending, dating, cohabitating, or marrying),Balos, Beverly, and Mary Louise Fellows. "Guilty of the Crime of Trust: Nonstranger Rape." Minn. L. Rev. 75 (1990): 599. consenting to sexual contact on previous occasions, flirting,Wicktom, Cynthia Ann. "Focusing on the Offender's Forceful Conduct: A Proposal for the Redefiniton of Rape Laws." George Washington Law Review 56.2 (1988): 399–430. or wearing "provocative" clothing.Tchen, Christina M. "Rape Reform and a Statutory Consent Defense." J. Crim. L. & Criminology 74 (1983): 1518.

=Unwanted sexual activity=

Unwanted sexual activity can involve rape or other sexual assault, but it may also be distinguished from them. Jesse Ford, the author of a 2018 study that showed that men are having unwanted sex with women to "prove they are not gay", states that "[a]ll sexual assault is unwanted sex, but not all unwanted sex is sexual assault."{{cite web |url=https://www.pinknews.co.uk/2018/07/15/men-unwanted-sex-women-not-gay/ |title=Men admit to having unwanted sex with women to 'prove they are not gay' or 'weird' |last=Franklin |first=Lauren |date=15 July 2018 |website=www.pinknews.co.uk |publisher=Pink News |access-date=4 August 2018 }}

A 1998 study showed that both men and women "consen[t] to unwanted sexual activity" in heterosexual dating; in these cases, they consented to unwanted sex to satisfy their partner, "promote intimacy", or avoid tension in the relationship.{{Cite journal |last1=O'Sullivan |first1=Lucia F. |last2=Allgeier |first2=Elizabeth Rice |date= 1998|title=Feigning sexual desire: Consenting to unwanted sexual activity in heterosexual dating relationships |url=http://www.tandfonline.com/doi/abs/10.1080/00224499809551938 |journal=Journal of Sex Research |language=en |volume=35 |issue=3 |pages=234–243 |doi=10.1080/00224499809551938 |issn=0022-4499|url-access=subscription }} The authors argue that estimates of "unwanted (nonconsensual) sexual experiences" may confound nonconsensual sex and consensual sex.

=Verbal vs. nonverbal=

File:Kiss at Feb Club NYC 20100202.7D.02686.L1.C45.BW SML (4469827485).jpg

There can be verbal or nonverbal consent, or a mix of the two types, depending on different policies and laws. According to Bustle writer Kae Burdo, the maxim "only verbal consent counts" is limited, in that it fails to accommodate parties that can only consent non-verbally, such as people with disabilities and those in BDSM communities .{{cite web |url=https://www.bustle.com/articles/154179-what-nobody-talks-about-when-they-talk-about-consent |title=What Nobody Talks About When They Talk About Consent |last=Burdo |first=Kae |date= 25 April 2016|website=www.bustle.com |publisher=Bustle |access-date=21 June 2018 }} Dartmouth College's rules on consent state that a communication in intimate encounters is often nonverbal cues such as smiling, nodding, and touching another person; however, it states that "...body language often isn't enough" because interpreting body language is risky, so the best option is to use "explicit verbal communication".{{cite web |url=http://www.dartmouth.edu/consent/communication/whendo.html|title=How Do I Know If I Have Consent? |author= |website=www.dartmouth.edu |publisher=Dartmouth |access-date=21 June 2018 }} The New York Times reports that men typically use nonverbal indicators to determine consent (61 percent say they perceive consent through a partner's body language), but women typically wait till a partner verbally asks them before they indicate consent (only 10 percent say they indicate consent through body language), a differing approach that may lead to confusion in heterosexual couples' encounters.{{cite web |url=https://www.nytimes.com/2015/08/02/education/edlife/affirmative-consent-are-students-really-asking.html |title= Affirmative Consent: Are Students Really Asking?|last=Keenan |first= Sandy|date=28 July 2015 |website=The New York Times |access-date=21 June 2018 }}

Mary Spellman, the dean of students at Claremont McKenna College, states that her college allows either verbal or non-verbal consent, with non-verbal consent being assessed by looking at whether the other person is "actively participating" and touching the other person when he is touching her or encouraging the first person", signs which indicate that a "...person is an active participant in whatever is going on."{{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=13 June 2014 |website=www.npr.org |publisher=NPR |access-date=23 June 2018 }}

The Daily Dot states that verbal consent is best because both participants can clearly indicate what they want, ask questions and seek clarification; in contrast, nonverbal consent may not be clear, as people "...have different understandings of gestures, “vibes,” and nonverbal cues", which can lead to "ambiguity and misunderstanding".{{cite web |url=https://www.dailydot.com/irl/what-is-consent/ |title=A plain and simple guide to understanding consent |last=Dimeo-Ediger |first=Winona |date=13 September 2017 |website=www.dailydot.com |publisher=Daily Dot |access-date=21 June 2018 }} Lisa Feldman Barrett, a psychologist and neuroscientist, states that in a sexual consent context, "[f]ace and body movements aren't a language" that participants can rely on, because the human "brain is always guessing" about how to interpret smiles and expressions; as such, "...facial movements are terrible indicators of consent, rejection and emotion in general" and they are "not a replacement for words."{{cite magazine |url=https://time.com/5274505/metoo-verbal-nonverbal-consent-cosby-schneiderman/ |title=Why Men Need to Stop Relying on Non-Verbal Consent, According to a Neuroscientist |last=Feldman Barrett |first=Lisa |date=11 May 2018 |magazine=Time |publisher=Time |access-date=21 June 2018 }}

=With animals=

{{further|Zoophilia}}

It is widely accepted that non-human animals are unable to give consent. Consent is generally not considered with respect to its legality. Instead, laws that address this make it illegal with exceptions given for Animal husbandry and Veterinarian practices.{{cite web |url=https://www.washingtonvotes.org/2006-SB-6417| title=2006 Senate Bill 6417: Prohibiting bestiality| access-date=22 Mar 2024 }}

=Age=

{{Main|Age of consent}}

Minors below a certain age, age of sexual consent in that jurisdiction, are deemed not able to give valid consent by law to sexual acts. The age of consent is the age below which a minor is considered to be legally incompetent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a minor younger than the age of consent cannot claim that the sexual activity was consensual, and such sexual activity may be considered statutory rape. The person below the minimum age is regarded as the victim and his or her sex partner is regarded as the offender, unless both are underage. The purpose of setting an age of consent is to protect an underage person from sexual advances. Age of consent laws vary widely from jurisdiction to jurisdiction, though most jurisdictions set the age of consent in the range 14 to 18. The laws may also vary by the type of sexual act, the gender of the participants or other considerations, such as involving a position of trust; some jurisdictions may also make allowances for minors engaged in sexual acts with each other, rather than a single age.

Jennifer A. Drobac, who teaches law at Indiana University, states that young adults aged 16 to 21 should only be able to "offer “assent” to sex with a significantly older person", rather than consent, but then "permit them to revoke that assent at any time".{{cite web |url=https://www.vox.com/the-big-idea/2017/11/20/16677180/age-consent-teenage-psychology-law-roy-moore |title=Age-of-consent laws don't reflect teenage psychology. Here's how to fix them. |last=Drobac|first=Jennifer A. |date=20 November 2017 |website=www.vox.com |publisher=Vox |access-date=30 March 2019 }}

=Mental disabilities or conditions=

Likewise, persons with Alzheimer's disease or similar disabilities may be unable to give legal consent to sexual relations even with their spouse.{{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|access-date=April 23, 2015|work=The New York Times|date=April 22, 2015}} New York does not consider it to be consent in cases where people have a physical disability that makes them unable to communicate that they do not consent, either using words or physically or if they have a mental illness or other mental condition that makes them unable to understand the sexual activity.{{cite web |url=http://crimefeed.com/2016/03/important-concepts-know-comes-consent-laws-people-disabilities/ |title=WHEN CONSENT CAN'T BE GIVEN: WHAT TO KNOW ABOUT SEX & DISABILITY LAWS |last=Gray |first=Jacquelyn |date=1 March 2016 |website=crimefeed.com |publisher=Crime Feed |access-date=23 June 2018 |archive-date=23 June 2018 |archive-url=https://web.archive.org/web/20180623222257/http://crimefeed.com/2016/03/important-concepts-know-comes-consent-laws-people-disabilities/ |url-status=dead }} South Carolina has a 10-year penalty for a person who has sex with a person who is mentally challenged or incapable of movement. Law professor Deborah Denno argues that people with some types of mental challenges should be able to consent to sex; she says they "...have the right to do so, and unnecessarily broad and moralistic restrictions infringe upon that right".{{Cite journal |last=Denno |first=Deborah |date=1997-01-01 |title=Sexuality, Rape, and Mental Retardation |url=https://ir.lawnet.fordham.edu/faculty_scholarship/121 |journal=U. Ill. L. Rev. |volume=1997 |pages=315}}

=Unconsciousness or intoxication=

{{further|Drugs and sexual consent}}

In some jurisdictions, individuals who are intoxicated from alcohol or drugs cannot consent. For example, Michigan Criminal Sexual Conduct Laws states that it is a crime to have sex with a “mentally incapacitated” person who cannot control their conduct or consent.{{cite web |url=https://sapac.umich.edu/article/50 |title=Alcohol & Sexual Assault |author= |website=sapac.umich.edu |publisher=University of Michigan Sexual Assault Prevention and Awareness Center |access-date=9 June 2018 |archive-date=15 June 2018 |archive-url=https://web.archive.org/web/20180615184938/https://sapac.umich.edu/article/50 |url-status=dead }}

In Canada, intoxication is a factor that affects whether a person can legally consent to sexual activity. However, the level of intoxication that will make consent impossible varies according to circumstances, which include how intoxicated the person is and whether they voluntarily consumed the alcohol or drugs.{{cite web |url=https://www.cbc.ca/news/canada/nova-scotia/criminal-code-consent-gregory-lenehan-sexual-assault-law-court-1.4014105 |title=Does the law say a drunk can consent? The answer is yes: A look at what the Criminal Code and courts say about consent and a person's ability to give it |author= |date=8 March 2017 |website=www.cbc.ca |publisher=CBC |access-date=23 June 2018 }} The Supreme Court of Canada has ruled that a person drunk to the point of unconsciousness cannot consent to sex; the court ruled that once a person loses consciousness, they cannot consent. There was public outrage after a Canadian judge ruled that an intoxicated person can consent; however, a legal expert interviewed by CBC stated that "a drunken consent is still a consent" under Canadian law.

In Canada, a judge ruled in the 2011 R v JA case that a person who is asleep or unconscious cannot consent to sex.{{cite news |url=https://www.theglobeandmail.com/news/national/no-consent-in-unconscious-sex-case-supreme-court-rules/article4263384/ |title=No consent in unconscious sex case, Supreme Court rules |last1=Mahoney |first1=Jill |last2=Makin |first2=Kirk |date=27 May 2011 |website=www.theglobeandmail.com |publisher=Globe and Mail |access-date=30 June 2018 }}

=Position of trust or authority=

{{Globalize|date=June 2021|2=Canada}}

When determining if a sexual encounter was consensual, Canadian courts will consider if the accused was in a "position of trust or authority" regarding the complainant, as this undermines consent. While this general principle is part of Canadian law, the courts are debating exactly what the definition of a position of trust and authority is. Some examples of people in positions of trust or authority include a teacher, employer or boss, camp counselor, health care professional, or coach.

=Deception and deceit=

{{Main|Rape by deception}}

Sexual encounters where one party uses deception or deceit to obtain consent could be non-consensual.{{cite web |url=https://www.psychologytoday.com/ca/blog/the-mysteries-love/201712/rape-deception |title=Rape by Deception: Sexual misconduct by lying or withholding |last=Brogaard |first=Berit |date=26 December 2017 |website=www.psychologytoday.com |publisher=Psychology Today |access-date=23 June 2018 }} As such, if A gives consent to have sex with B, but B has lied about a pertinent issue, A has not given fully informed consent. Deception could include false statements about using contraception, age, gender, whether one is married, religion or employment, sexually transmitted infections testing status, giving the impression that one is someone's partner, or that one is single, and falsely making the person think that a sexual activity is some type of medical procedure. Examples include a California man who snuck into the bedroom of an 18-year-old woman right after her boyfriend left the bedroom, so she thought he was her boyfriend; an Israeli man who lied and told a woman he was a pilot and a medical doctor to have sex with her; and a US man who falsely claimed to be an NFL football player as a way to get sexual encounters.

In Alexandra Sims' article entitled "Trans people could 'face rape charges' if they don't declare sexual history, warns trans activist", she states that the UK Sexual Offences Act requires transgender people to tell partners about their gender history as part of its requirements that people making sexual consent decisions have access to information so that they can make informed consent about whether to have sex; trans activist Sophie Cook states that the law is an infringement on trans peoples' human rights and on their privacy.{{cite web |url=https://www.independent.co.uk/news/uk/home-news/trans-people-could-face-rape-charges-if-they-don-t-declare-sexual-history-warns-trans-activist-a7076546.html |title=Trans people could 'face rape charges' if they don't declare sexual history, warns trans activist |last=Sims |first=Alexandra |date=11 June 2016 |website=www.independent.co.uk |publisher=Independent |access-date=25 June 2018 |quote=By forcing transgender people to disclose their history to prospective partners the law is not only infringing their human rights it's also reinforcing the bigoted idea that trans people are in some way abhorrent}}

= Sexual Coercion =

Professors Cindy Struckman-Johnson, David Struckman-Johnson, and Peter B. Anderson define sexual coercion as when an individual engages in sexual activity as a result of “continual arguments, pressure, or abused authority” even with little to no genuine desire to do so. They state that their classification of sexual coercion Levels 3 and 4, purposely intoxicating or using physical force,{{Cite journal |last1=Struckman-Johnson |first1=Cindy |last2=Struckman-Johnson |first2=David |last3=Anderson |first3=Peter B. |date=February 2003 |title=Tactics of sexual coercion: When men and women won't take no for an answer |url=http://www.tandfonline.com/doi/abs/10.1080/00224490309552168 |journal=Journal of Sex Research |language=en |volume=40 |issue=1 |pages=79 |doi=10.1080/00224490309552168 |pmid=12806533 |issn=0022-4499|quote=Level 3 includes tactics related to alcohol and drug intoxication such as taking advantage of someone who is already drunk or purposely getting someone intoxicated to obtain sexual contact [...] Level 4, tactics of physical force and harm, is the highest level of exploitation because the receiver is forced to engage in behaviors against her or his will.|url-access=subscription }} meet the legal definition of rape in many American states,{{Cite journal |last1=Struckman-Johnson |first1=Cindy |last2=Struckman-Johnson |first2=David |last3=Anderson |first3=Peter B. |date=February 2003 |title=Tactics of sexual coercion: When men and women won't take no for an answer |url=http://www.tandfonline.com/doi/abs/10.1080/00224490309552168 |journal=Journal of Sex Research |language=en |volume=40 |issue=1 |pages=79 |doi=10.1080/00224490309552168 |pmid=12806533 |issn=0022-4499|quote=Depending upon the sexual outcome, behaviors in Levels 3 and 4 meet the legal definition of rape in many states (Kosset al., 1987)|url-access=subscription }} while Levels 1 and 2, such as changing the receiver's mind through persistent touching or repeated requests,{{Cite journal |last1=Struckman-Johnson |first1=Cindy |last2=Struckman-Johnson |first2=David |last3=Anderson |first3=Peter B. |date=February 2003 |title=Tactics of sexual coercion: When men and women won't take no for an answer |url=http://www.tandfonline.com/doi/abs/10.1080/00224490309552168 |journal=Journal of Sex Research |language=en |volume=40 |issue=1 |pages=78 |doi=10.1080/00224490309552168 |pmid=12806533 |issn=0022-4499|quote=

Level 1 includes nonverbal sexual arousal tactics, such as persistent touching and kissing and clothing removal, that are intended to change the receiver’s mind about saying no to sex [...] Level 2 consists of tactics of emotional manipulation and lies. This category includes tactics that are typically termed verbal or psychological pressure in the literature, such as repeated requests, questions about a person’s sexuality…

|url-access=subscription }} do not. In the State of California, the standard for coercion in law is "a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted".{{cite web |url=https://codes.findlaw.com/ca/penal-code/pen-sect-261/|title=California Code, Penal Code - PEN § 261 |website=FindLaw }} RAINN. (n.d.). Legal role of consent. Retrieved February 20, 2024 from https://www.rainn.org/articles/legal-role-consent

Tactics primarily used in an attempt to convince someone to have sexual relations with the perpetrator are persistent kissing and touching, repeated requests, emotional manipulation, and intoxication.{{Cite journal |last1=Struckman-Johnson |first1=Cindy |last2=Struckman-Johnson |first2=David |last3=Anderson |first3=Peter B. |date=February 2003 |title=Tactics of sexual coercion: When men and women won't take no for an answer |url=http://www.tandfonline.com/doi/abs/10.1080/00224490309552168 |journal=Journal of Sex Research |language=en |volume=40 |issue=1 |pages=76–86 |doi=10.1080/00224490309552168 |pmid=12806533 |issn=0022-4499|url-access=subscription }} Some of these tactics alone would be considered sexual harassment.{{Vague|date=August 2024}} Although someone can use these techniques to manipulate a prospective partner into sexual activity, men are more likely to use these techniques than women. 

There is an increase in prevalence of sexual coercion due to the sociocultural environment with people, especially adolescents, having constant exposure to sex and sexual themes through mainstream media and the internet.{{Cite journal |last1=Livingston |first1=Jennifer A. |last2=Buddie |first2=Amy M. |last3=Testa |first3=Maria |last4=VanZile-Tamsen |first4=Carol |date=December 2004 |title=The Role of Sexual Precedence in Verbal Sexual Coercion |url=http://journals.sagepub.com/doi/10.1111/j.1471-6402.2004.00146.x |journal=Psychology of Women Quarterly |language=en |volume=28 |issue=4 |pages=287–297 |doi=10.1111/j.1471-6402.2004.00146.x |issn=0361-6843|url-access=subscription }}{{Cite journal |last1=French |first1=Bryana H. |last2=Neville |first2=Helen A. |date=March 2017 |title=What Is Nonconsensual Sex? Young Women Identify Sources of Coerced Sex |url=http://journals.sagepub.com/doi/10.1177/1077801216641517 |journal=Violence Against Women |language=en |volume=23 |issue=3 |pages=368–394 |doi=10.1177/1077801216641517 |pmid=27075665 |issn=1077-8012|url-access=subscription }} This results in sex and consent being seen as more of an informal activity, instead of something that needs specific communication. The sociocultural environment includes gender norms and gender socialization.Katz, J., & Wigderson, S. (2012). “Put out or get out”: Understanding young women’s experiences of verbal sexual coercion by male dating partners. In M. A. Paludi (Ed.), The psychology of love: Research and literature (pp. 112–129). Praeger. Boys are raised socially to be dominant and powerful, which affects the way men view their masculinity when their partner doesn’t want to engage in sex. Gendered socialization also promotes the expectation that women should be submissive and acquiesce to their partner’s wishes. These strict gender norms promote the use of sexual coercion by men as a normal part of heterosexual relations.{{Cite journal |last1=Eaton |first1=Asia A. |last2=Matamala |first2=Alejandra |date=2014-10-01 |title=The Relationship Between Heteronormative Beliefs and Verbal Sexual Coercion in College Students |url=https://doi.org/10.1007/s10508-014-0284-4 |journal=Archives of Sexual Behavior |language=en |volume=43 |issue=7 |pages=1443–1457 |doi=10.1007/s10508-014-0284-4 |pmid=24696387 |issn=1573-2800|url-access=subscription }} These behaviors are sometimes amplified when the concept of historical sexual relations comes into play. These issues may be further exacerbated within committed relationships because of the assumption that, if someone consented to sexual activity before, they will always consent. When it comes to same-sex relationships, less research has been conducted, but in a sample of gay and lesbian participants 52% reported experiencing at least one incident of sexual coercion within their lifetime.{{Cite journal |last1=Waldner-Haugrud |first1=Lisa K. |last2=Gratch |first2=Linda V. |date=1997-01-01 |title=Sexual Coercion in Gay/Lesbian Relationships: Descriptives and Gender Differences |url=https://connect.springerpub.com/content/sgrvv/12/1/87 |journal=Violence and Victims |language=en |volume=12 |issue=1 |pages=87–98 |doi=10.1891/0886-6708.12.1.87 |pmid=9360290 |issn=0886-6708|url-access=subscription }}

Education initiatives and policies

=General=

File:USMC-091027-M-8224P-002.jpg

File:Oberlin Consent Initiative.jpg encourages students to establish ongoing and reciprocal consent during sexual activity.]]

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",{{cite journal|last=Rawlinson|first=Kevin|title=Plans for sexual consent lessons in schools 'do not go far enough'|date=9 March 2015}} while the Schools Consent Project delivers sexual education workshops to pupils aged 11–18, covering topics such as harassment, revenge porn and sexting.{{cite web |archive-url=https://web.archive.org/web/20170915224419/http://www.huffingtonpost.co.uk/nathalie-greenfield/sex-education_b_12756038.html |url=http://www.huffingtonpost.co.uk/nathalie-greenfield/sex-education_b_12756038.html |title=Why Sex Ed Really Is Power |date=2 November 2016 |last=Greenfield |archive-date=15 September 2017 |url-status=live |first=Nathalie |work=Huffington Post The Blog |access-date=16 September 2017}} In the U.S., California-Berkeley University has implemented affirmative and continual consent in education and in the school's policies.{{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. 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.{{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|newspaper=The Toronto Star |date=25 February 2015}} Retrieved March 10, 2015. 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.

The Guardian reported that Oxford and Cambridge have added sexual consent workshops; one such workshop included a "quiz about the rates of sexual or gender crimes" and a discussion of three fictional "scenarios of sexual contact", including a story of groping at a party, a relationship in which one partner stopped participating, but the other person, who was sexually excited, continued to proceed to new sex acts, and a case in which a couple was drunk and had sex.{{cite web |url=https://www.theguardian.com/education/2014/oct/28/what-i-learned-in-a-sexual-consent-class-at-oxford|title=What I learned in a sexual consent class at Oxford |last=Fenton |first=Siobhan |date= 28 October 2014 |website=The Guardian |access-date= 20 June 2018}} The aim of the workshop was to consider if consent was asked for and obtained in these scenarios. While Sydney University has introduced an online sexual consent course, Nina Funnell states that it has been criticized by students, professors and sexual assault prevention leaders as "tokenistic", inexpensive, and ineffective in changing student attitudes or actions.{{cite web |url=https://www.news.com.au/lifestyle/real-life/news-life/sydney-universitys-consent-matters-course-is-tokenistic/news-story/024b521256f1c317985606ec09b2bd8c |title=Sydney University's Consent Matters Course is tokenistic |last=Funnell |first=Nina |date=30 January 2018 |website=www.news.com.au |publisher=news.com.au |access-date=20 June 2018 }}

Some UK universities are launching bystander intervention programs that teach people to intervene when they see potential sexual misconduct situations, for example, by moving a male friend at a party away from an intoxicated woman he is talking to, if she seems unable to consent to his advances.{{cite web |url=https://www.timeshighereducation.com/features/we-cant-run-away-from-rape |title=We can't run away from rape |last1= Westmarland|first1=Nicole |last2=Doyle| first2=Jennifer|date=19 November 2015 |website=www.timeshighereducation.com |publisher=Times Higher Education |access-date=14 July 2018 |quote=Rather than seeing participants as potential victims or perpetrators, such “bystander education” programmes aim to empower individuals not only proactively to intervene to prevent sexual assaults from being perpetrated }} One challenge with bystander education programs is that a study has shown that white female students are less likely to intervene in a hypothetical situation where they see an intoxicated black woman being led towards a bedroom at a party by a non-intoxicated male, as white students feel "less personal responsibility" to help women of colour and they feel that the black woman is deriving pleasure from the situation.{{cite web |url=https://www.vice.com/en/article/white-women-less-likely-to-help-sexual-assault-victim-if-shes-black/ |title=White Women Less Likely to Help Sexual Assault Victim If She's Black Bystander intervention is seen as one of the most powerful tools in preventing on-campus sexual assaults—but a new study shows that white students feel "less personal responsibility" to help their black peers. |last= Bess|first=Gabby |date=13 March 2017 |website=broadly.vice.com |publisher=Broadly/Vice |access-date=14 July 2018 |quote="We found that although white students correctly perceived that black women were at risk in a pre-assault situation, they tended not to feel as personally involved in the situation," the researchers at SUNY Geneseo, Jennifer Katz and Christine Merrilees, said in an interview with PsyPost. In other words, "despite their shared status as women, white female bystanders in the current study may have felt that a Black woman's plight was not as personally relevant because race has a more powerful effect than gender on intent to intervene and feelings of responsibility to intervene," they write in the study.}}

="No means no"=

File:FEMEN 15 oct 2012-b.jpg activist holds a sign reading "Non=Non", French for "no=no", at a 2012 protest.]]

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" to set in place a no tolerance approach to sexual violence and harassment and educate students about these issues.{{cite web |url=http://cfs-ns.ca/no-means-no/ |title=No means no, in every way, in every language |author= |website=cfs-ns.ca |publisher=Canadian Federation of Students |access-date=9 June 2018 |archive-date=12 June 2018 |archive-url=https://web.archive.org/web/20180612140428/http://cfs-ns.ca/no-means-no/ |url-status=dead }}

Concerns about the "no means no" approach developed, however, because some people cannot say no, either because they are not conscious, intoxicated or facing threats or coercion, with the coercion issue being especially important in cases where there is a power imbalance between two people in a sexual encounter. To address these concerns, there was a shift from 'no means no' to 'yes means yes' (affirmative consent), to ensure that people were not having sexual actions taken on them due to not speaking up or not resisting.{{cite web |url=https://www.eurekastreet.com.au/article.aspx?aeid=54192 |title=Creating a consent culture beyond 'no means no' |last=Mahoney |first=Neve |date=17 October 2017 |website=www.eurekastreet.com |publisher=Eureka Street |access-date=9 June 2018 }} Amanda Hess states that a person may not be able to say no, or they may be intoxicated or passed out, or they may freeze up from fear.{{cite web |url=http://www.businessinsider.com/why-a-law-meant-to-protect-college-students-from-rape-has-become-so-polarizing-2015-7 |title=Why a law meant to protect college students from rape has become so polarizing |last=Jackson |first=Abby |date=31 July 2015 |website=www.businessinsider.com |publisher=Business Insider |access-date=21 June 2018 }}

Sherry Colb criticizes the "no means no" approach on the grounds that it makes sexual contact the "default" option when two people have agreed to be in private in a date-like situation, at least until the woman says "no" to the other person's advances. Colb says that under the "no means no" approach, a man who is in private with a woman in a romantic context can undress her and penetrate her if she does not say "no", even if she is staring ahead and saying and doing nothing, which Colb says treats being quiet or not moving as an invitation to sex.{{cite web |url=https://verdict.justia.com/2014/10/29/making-sense-yes-means-yes |title=Making Sense of "Yes Means Yes" |last=Colb |first=Sherry |date=29 October 2014 |website=verdict.justia.co |publisher=Justica |access-date=23 June 2018 }} She says that under a "no means no" approach, there is not a metaphorical "Do Not Trespass" sign on a woman's body, and as such, women have to fear that accepting a date and being in private with the partner could lead to unwanted sex.

Dr. Ava Cadell suggests that women in sexual encounters tell their partner that they want to use a code expression or safe word to tell the other participant to stop the sexual contact, such as "Code Red". She says the words "no" and "stop" "have been used frivolously, playfully, and teasingly in the past and are not always taken seriously.”{{cite web |url= https://www.muscleandfitness.com/women/sex-tips/do-you-need-sex-agreement|title=Do you need a sex agreement |last=Demarco |first=Justin |website=www.muscleandfitness.com |date=14 January 2016 |publisher=Muscle and Fitness |access-date=30 March 2019 }}

= "Tea Consent" =

A widely-acclaimed educational video about sexual consent is "Tea Consent",{{Cite news |url=https://www.abc.net.au/news/2021-04-23/five-sex-ed-videos-that-hit-the-mark/100089004 |title=The 'milkshake video' missed the mark when it comes to teaching sex and consent. Here are five alternatives |author=Louise Moana Kolff |work=ABC News (Australia) |date=22 April 2021 |access-date=23 April 2021}}
{{Cite web |url=https://theconversation.com/teaching-young-people-about-sex-is-too-important-to-get-wrong-here-are-5-videos-that-actually-hit-the-mark-159438 |title=Teaching young people about sex is too important to get wrong. Here are 5 videos that actually hit the mark |author=Louise Moana Kolff |work=The Conversation |date=22 April 2021 |access-date=23 April 2021}}
{{Cite book |last=Denton |first=Michelle |date=2017 |title=Rape Culture: How Can We End It? |url=https://books.google.com/books?id=Pn5mDwAAQBAJ&pg=PA8 |location=New York |publisher=Greenhaven Publishing |page=8 |isbn=9781534562073 |access-date=23 April 2021}} created in 2015 by Blue Seat Studios,{{Cite news |url=https://www.bbc.com/news/uk-england-beds-bucks-herts-34656527 |title=Tea is analogy for sex in police consent YouTube video |work=BBC News |date=28 October 2015 |access-date=23 April 2021}} a Providence, Rhode Island–based non-profit using hand-drawn animation seeking to teach serious subjects with humour and compassion.{{Cite web |url=https://www.blueseatstudios.com/about |title=About Blue Seat Studios |work=blueseatstudios.com |publisher=Blue Seat Studios |access-date=23 April 2021}} Written by Emmeline May (alias Rockstar Dinosaur Pirate Princess), drawn by Rachel Brian, and originally voiced by Graham Wheeler, the video uses offering someone a cup of tea as an analogy to asking if someone wants to have sex,{{Cite news |url=https://qz.com/550797/we-need-to-think-about-consent-the-way-we-think-about-tea-seriously/ |title=Video: A very British take on sexual consent makes the case using—you guessed it—tea |author=Olivia Goldhill |work=Quartz |date=16 November 2015 |access-date=23 April 2021}} emphasising that person A should not force person B to drink tea, even if B previously wanted tea or was not sure yet if they wanted tea, and that B cannot answer the question whether they (still) want tea if they are unconscious.{{Cite book |last=Chesnut |first=Robert |date=2020 |title=Intentional Integrity: How Smart Companies Can Lead an Ethical Revolution |url=https://books.google.com/books?id=YVC9DwAAQBAJ&pg=PT81 |location=New York |publisher=St. Martin's Publishing Group |page=81 |isbn=9781250270818 |access-date=23 April 2021}} "Tea Consent" was originally produced for an awareness campaign of Thames Valley Police and Thames Valley Sexual Violence Prevention Group, and several versions of it (especially with a British accent, leading to connections with British humour and the perceived Britishness of tea{{Cite news |url=https://www.washingtonpost.com/news/worldviews/wp/2016/06/10/the-very-british-video-helping-americans-understand-sexual-consent/ |title=The very British video helping Americans understand sexual consent |author=Deirdra O'Regan |newspaper=The Washington Post |date=10 June 2016 |access-date=23 April 2021}}) were subsequently picked up by numerous sex educators, universities, governmental organisations, sexual violence prevention groups and rape crisis centres, and endorsed by celebrities. Praised for using simplicity, clarity and humour in tackling a serious topic, it received several awards, had been translated into 25 languages and viewed at least 75 million times by October 2016,{{Cite news |url=https://www.today.com/parents/tea-consent-kids-cute-video-aims-educate-t103806 |title=Consent, for kids: Cute video aims to explain and empower |author=Lisa Heffernan |work=Today |date=11 October 2016 |access-date=23 April 2021}} and was later viewed approximately 150 million times across platforms according to Blue Seat Studios. Samantha Pegg argued that "Tea Consent" has its limitations, as it does not address scenarios such as drunken consent, conditional consent, youth, disability or abuse of trust, but 'the value of getting the basics of consent out to a wider audience cannot be underestimated.'{{Cite web |url=https://theconversation.com/sexual-consent-really-isnt-like-a-cup-of-tea-but-at-least-were-talking-about-it-50638 |title=Sexual consent really isn't like a cup of tea – but at least we're talking about it |author=Samantha Pegg |work=The Conversation |date=20 November 2015 |access-date=24 April 2021}}

By contrast, an April 2021 video called "Moving the Line" by the Good Society commissioned by the Australian government for sex education in schools, which uses milkshake to explain consent, was widely criticised by experts, campaigners and politicians. Key elements in the negative responses were confusion, lack of clarity and no explicit mention of sex, leading the video's humour and message to be misunderstood. Several commentators argued that "Tea Consent" set a much better example. The milkshake video was subsequently removed.{{Cite news |url=https://www.theguardian.com/australia-news/2021/apr/19/australian-consent-education-campaign-lambasted-for-bizarre-milkshake-video-and-misinformation |title='Confusing' milkshake consent video pulled from campaign that cost Australian government $3.8m |author=Naaman Zhou |work=The Guardian |date=20 April 2021 |access-date=21 April 2021}}{{Cite news |url=https://www.smh.com.au/national/milkshake-video-the-final-straw-in-consent-discontent-20210420-p57kpn.html |title=Milkshake video the final straw in consent discontent |author=Katrina Marson |work=The Sydney Morning Herald |date=20 April 2021 |access-date=23 April 2021}}

= FRIES =

In August 2016, the U.S. sex education organisation Planned Parenthood coined the acronym "FRIES" to sum up essential elements of consent:{{Cite news |url=https://www.bustle.com/articles/178198-planned-parenthood-graphic-uses-fries-to-explain-consent-in-a-way-anyone-can-understand |title=How French Fries Can Be Used To Explain Consent. Planned Parenthood Graphic Uses Fries To Explain Consent In A Way Anyone Can Understand |author=Lily Feinn |work=Bustle |date=11 August 2016 |access-date=6 October 2022}}{{Cite book |last1=Stryker |first1=Kitty |last2=Queen |first2=Carol |last3=Penny |first3=Laurie |date=2017 |title=Ask: Building Consent Culture |url=https://books.google.com/books?id=YHw2DwAAQBAJ |location=Portland, Oregon |publisher=Thorntree Press |pages=22–23 |isbn=9781944934262 |access-date=6 October 2022}}

{{blockquote|Understanding consent is as easy as FRIES. Consent is:

  • Freely given. Doing something sexual with someone is a decision that should be made without pressure, force, manipulation, or while drunk or high.
  • Reversible. Anyone can change their mind about what they want to do, at any time. Even if you've done it before or are in the middle of having sex.
  • Informed. Be honest. For example, if someone says they'll use a condom and then they don't, that's not consent.
  • Enthusiastic. If someone isn't excited, or really into it, that's not consent.
  • Specific. Saying yes to one thing (like going to the bedroom to make out) doesn't mean they've said yes to others (like oral sex).}}

By 2020, several British universities had adopted the FRIES concept.{{Cite book |last1=Tutchell |first1=Eva |last2=Edmonds |first2=John |date=2020 |title=Unsafe Spaces: Ending Sexual Abuse in Universities |url=https://books.google.com/books?id=B5wLEAAAQBAJ |location=Bingley |publisher=Emerald Group Publishing |pages=133 |isbn=9781789730616 |access-date=6 October 2022}}

Legislation

File:Consent-based and coercion-based sexual violence legislation world map.svg.

{{legend|#0000FF|Consent-based legislation; marital rape illegal}}

{{legend|#00AA00|Coercion-based legislation; marital rape illegal}}

{{legend|#ff00ff|Consent-based legislation, but marital rape legal}}

{{legend|#ff0000|Coercion-based legislation, and marital rape legal}}

{{legend|#800080|Mixed legislation; rape without coercion considered a lesser crime; marital rape illegal}}

{{legend|#008080|Coercion-based on vaginal sex, consent-based on anal and oral sex; marital rape illegal}}

]]

{{Main|Sexual consent in law}}

{{See also|Consent (criminal law)}}

In legal theory, there are two main models in legislation against rape and other forms of sexual violence:

  1. The coercion-based model 'requires that the sexual act was done by coercion, violence, physical force or threat of violence or physical force in order for the act to amount to rape';{{Cite journal |last=Koljonen |first=Camilla |date=15 July 2019 |title=How is consent-based legislation on rape providing more protection for individuals in comparison to coercion-based legislation? – Comparison between Finland and Sweden |url=https://www.researchgate.net/publication/335397291 |publisher=Maastricht University |access-date=29 April 2020}}
  2. The consent-based model 'requires that for the act to qualify as rape there must be a sexual act that the other one did not consent to'.

The primary advantage of the coercion-based model is that it makes it difficult to make a false accusation of rape or assault, and thus provides decent protection to the legal position and social reputation of suspects who are innocent. The consent-based model has been advocated as a better alternative for enhanced legal protection of victims, and to place a larger responsibility on potential perpetrators to actively verify or falsify before initiating sex whether a potential victim actually consents to initiating sex or not, and abstaining from it as long as they do not.

On 15 June 1992, the second Mulroney government under the direction of Minister of Justice Kim Campbell passed a no-means-no bill into law.{{cite book |author-link=Peter C. Newman |first=Peter C. |last=Newman |title-link=The Secret Mulroney Tapes |title=The Secret Mulroney Tapes: Unguarded Confessions of a Prime Minister |publisher=Random House Canada |date=2005 |page=12}}

In 2003, the European Court of Human Rights ordered all 47 Member states of the Council of Europe (CoE) to take a consent-based approach to cases of sexual violence on the grounds of Article 3 and Article 8 of the European Convention on Human Rights; this was the result of its ruling in the M.C. v. Bulgaria case.{{Cite book |last=Ashworth |first=Andrew J |date=2014 |title=Positive Obligations in Criminal Law |url=https://books.google.com/books?id=uJDqAwAAQBAJ&pg=PT346 |publisher=A&C Black |pages=345–346 |isbn=9781782253426 |access-date=2 May 2020}} The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) was adopted by the African Union (AU) in 2003 (in effect since 2005), which recognised 'unwanted sex' separately from 'forced sex' as a form of violence against women that is to be effectively prohibited by all 55 member states.{{Cite web |url=https://au.int/sites/default/files/treaties/37077-treaty-0027_-_protocol_to_the_african_charter_on_human_and_peoples_rights_on_the_rights_of_women_in_africa_e.pdf |title=Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa |publisher=African Union |date=11 July 2003 |access-date=19 July 2020}}

In the 2006 Miguel Castro-Castro Prison v. Peru case, applying to all 35 Member states of the Organization of American States (OAS), the Inter-American Court of Human Rights stated the following: 'The Court, following the line of international jurisprudence and taking into account that stated in the Convention to Prevent, Punish, and Eradicate Violence against Women [Belém do Pará Convention], considers that sexual violence consists of actions with a sexual nature committed with a person without their consent (...)'.{{Cite book |last=Tojo |first=Liliana |date=2010 |title=Tools for the Protection of Human Rights. Summaries of Jurisprudence: Gender-based Violence |url=https://www.cejil.org/sites/default/files/legacy_files/Summaries%20of%20Jurisprudence%20-%20Gender-based%20Violence.pdf |publisher=Center for Justice and International Law |page=9 |access-date=2 May 2020 |archive-date=17 June 2016 |archive-url=https://web.archive.org/web/20160617180809/https://www.cejil.org/sites/default/files/legacy_files/Summaries%20of%20Jurisprudence%20-%20Gender-based%20Violence.pdf |url-status=dead }}

The Council of Europe's 2011 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) contains a consent-based definition of sexual violence in Article 36.{{Cite web |url=https://www.amnesty.org/download/Documents/EUR0194522018ENGLISH.PDF |title=Right to be free from rape. Overview of legislation and state of play in Europe and international human rights standards |publisher=Amnesty International |date=24 November 2018 |access-date=30 April 2020}}{{rp|6}} This mandates all Parties that have ratified the Convention to amend their legislation from a coercion-based to a consent-based model.{{rp|9}}

As of 2018, a consensus is emerging in international law that the consent-based model is to be preferred, stimulated by inter alia the CEDAW Committee,For example, in its [https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/1_Global/CEDAW_C_GC_35_8267_E.pdf General recommendation No. 35] of 2017, Part IV, recommendation no. #33: 'Ensure that the definition of sexual crimes, including marital and acquaintance/date rape is based on lack of freely given consent, and takes account of coercive circumstances.' the UN Handbook for Legislation on Violence against Women,{{Cite book |date=2012 |title=Handbook for Legislation on Violence against Women |url=https://www.unwomen.org/-/media/headquarters/attachments/sections/library/publications/2012/12/unw_legislation-handbook%20pdf.pdf?la=en&vs=1502 |location=New York |publisher=UN Women |pages=24–25 |access-date=2 May 2020 |archive-date=8 March 2020 |archive-url=https://web.archive.org/web/20200308205418/https://www.unwomen.org/-/media/headquarters/attachments/sections/library/publications/2012/12/unw_legislation-handbook%20pdf.pdf?la=en&vs=1502 |url-status=dead }} the International Criminal Court and the Istanbul Convention.{{rp|8, 10–11}} However, there were no internationally agreed upon legal definitions of what constitutes sexual consent; such definitions were absent in human rights instruments.{{rp|10}}

In June 2020, the Swedish National Council for Crime Prevention (Brå) reported that the number of rape convictions had increased from 190 in 2017 to 333 in 2019, a rise of 75% after Sweden adopted a consent-based definition of rape in May 2018. Brå was positively surprised by this greater-than-expected impact, saying 'this has led to greater justice for victims of rape,' and hoping it would improve social attitudes towards sex.{{Cite news |url=https://www.reuters.com/article/us-sweden-crime-rape-law-trfn-idUSKBN23T2R3 |title=Rape conviction rates rise 75% in Sweden after change in the law |author=Emma Batha |work=Reuters |date=22 June 2020 |access-date=1 February 2021}}

According to the Indian Evidence Act, in a rape trial, if a woman claims there was no consent to the sexual act then the Court presumes that consent was absent.{{Cite web|title=Section 114A in The Indian Evidence Act, 1872 |url=https://indiankanoon.org/doc/1586025/|access-date=25 March 2021}}

Responses

=Consent contracts=

In 2003, sex therapist Dr. Ava Cadell suggested that celebrities and professional athletes ask partners in sexual encounters (she uses the slang term "groupies") to sign a sexual consent form, which she calls the sexual encounter equivalent of the prenuptial agreements that are signed before some marriages. Dr. Cadell says that like a prenup, a sex contract can reduce litigation.{{cite web |url= https://www.businesswire.com/news/home/20030731005753/en/Dr.-Ava-Cadell-Kobe-Bryant-Writing-Leading|title=Dr. Ava Cadell to Kobe Bryant: 'Get It In Writing' Before 'Getting It On'; Leading Sex Therapist Warns Celebrities and Athletes |author= |date=31 July 2003 |website=www.businesswire.com |publisher=Business Wire |access-date=30 March 2019 }} The advocacy group named The Affirmative Consent Project is providing 'sexual consent kits' at US universities. The kits include a contract which the parties can sign, stating that they consent to having sexual relations. The kits suggest that the couple take a photo of themselves holding the contracts.{{cite web |url=https://www.telegraph.co.uk/women/sex/11738202/Sex-consent-contracts-for-university-students-Would-you-sign.html |title='Sexual consent contracts' are now a thing. Would you sign? 'Consent kits', complete with contracts, are being distributed to students at US universities with the intention of ensuring that both parties have agreed to sex. Olivia Goldhill reports |last=Goldhill |first=Olivia |date=15 July 2015 |website=www.telegraph.co.uk |publisher=Telegraph |access-date=13 June 2013}}

NYU law professor Amy Adler commented about the depiction of consent contracts in the novel Fifty Shades of Grey; she states the signing of the legal contract before sex could help to avoid uncertainty in sexual encounters.{{cite web |url=https://www.theatlantic.com/entertainment/archive/2015/02/consent-isnt-enough-in-fifty-shades-of-grey/385267/ |title=Consent Isn't Enough: The Troubling Sex of Fifty Shades: The blockbuster fantasy has become a big movie—and a bigger problem. |last=Green |first=Emma |date=10 February 2015 |website=www.theatlantic.com |publisher=The Atlantic |access-date=13 June 2018 }} In Emma Green's article about the film, entitled "Consent Isn't Enough: The Troubling Sex of Fifty Shades", she disagrees with consent contracts as a solution on the grounds that "even explicit consent" may not be enough in hard-drinking college dorm environments where most students have little experience with negotiating sexual permission.

Toronto sexual consent educator Farrah Khan disagrees with the idea of consent involving a signature on a contract, as she argues that it is an "ongoing conversation" that involves listening to one's sexual partner.{{cite web |url=https://www.wbur.org/hereandnow/2018/09/26/kavanaugh-allegations-sex-ed |title=Kavanaugh Allegations Reveal Lack Of Comprehensive Sex Ed, Consent Educator Says |last=Khan |first=Farrah |date=6 September 2018 |website=www.wbur.org |publisher=WBUR |access-date=3 March 2019 }} David Llewellyn, who started the Good Lad Initiative at Oxford University, says that consent contracts could give participants the mistaken sense that once the consent contract is signed, they cannot withdraw consent and stop the encounter. Llewellyn states that even with a signed consent contract, both partners should ensure ongoing enthusiastic consent to sex, because he says consent is fluid and changeable.

=Consent apps=

In the 2010s, smartphone apps have been developed to give couples the ability to electronically consent to sexual relations. Apps include We-Consent, Sa-Sie, LegalFling and Good2Go. LegalFling uses blockchain and sets out each person's terms and conditions, such as requiring condom use or agreeing to specific acts.{{cite web |url=https://www.usatoday.com/story/tech/columnist/2018/02/20/sexual-consent-apps-set-rules-intimacy-come-their-own-risks/328635002/ |title=People are talking about sexual consent. Would an app help? |last=Petrow |first=Steven |date=20 February 2018 |website=www.usatoday.com |publisher=USA Today |access-date=9 June 2018 }} However, concerns have been raised about these "consent apps". The Good2Go app gives a record of sexual consent that the company claims can be used as evidence of consent and capacity, from an intoxication perspective, for consent; however, the app was removed from sale because both men and women did not like clicking on a smartphone in the bedroom to record their consent. A lawyer states that legally, apps are redundant and could only serve as circumstantial evidence, because they generally do not take into account a person's right to withdraw consent at any point in the sexual interaction.{{cite web |url=https://www.independent.co.uk/life-style/consent-apps-problems-dating-uconsent-sexual-assault-legal-court-a8332706.html |title=Why Consent Apps Won't Work According to Criminal Lawyers |last=Petter |first= Olivia|date=14 May 2018 |website=www.independent.co.uk |publisher=Independent |access-date=9 June 2018 }}

In Reina Gattuso's article entitled "Seven reasons consent apps are a terrible idea", she criticizes consent apps on the grounds that: a person can withdraw consent at any point, including minutes after clicking yes on the app; the binary yes or no approach of the apps simplifies the complexity of consent; the app cannot legally confer agreement to each change in sex acts; they make consent too much about legal proofs and setting down evidence; and they change what should be a continuous process of communication into a quick action.{{cite web |url=http://feministing.com/2018/05/16/six-reasons-consent-apps-are-a-terrible-idea/ |title=Seven reasons consent apps are a terrible idea |last=Gattuso |first=Reina |date=May 2018 |website=feministing.com |publisher=Femisting |access-date=13 June 2018 }} Cricket Epstein states that using consent apps have a "victim-blaming" mentality that suggests that the person who is asked to click on the app may become a false accuser; as well, she says the app may protect perpetrators, because once agreement is clicked on the app, it will be harder for a complainant to say that she or he had sex acts done without consent.{{cite web |url=https://bust.com/feminism/193913-what-nick-cannon-gets-wrong-about-consent.html |title=Nick Cannon's "Consent App" Gets Consent Completely Wrong |last=Epstein |first=Cricket |website=bust.com |publisher=Bust |access-date=13 June 2018 }}

=Consent culture=

Activists and educators promote "consent culture" by setting up consent education programs to publicize issues and provide information, hiring consent educators (or volunteers), using consent captains or consent guardians in entertainment venues, and introducing initiatives such as safety code words for bar patrons experiencing unwanted sexual attention. Some activists on campus hold "consent days" where there are panels and discussions on sexual consent and hand out t-shirts and condom packages with pro-consent messaging to build awareness.{{cite web |url=https://www.nytimes.com/2014/02/09/education/edlife/students-advocate-for-consensual-sex.html |title=Making Consent Cool |last=Kitroeff |first=Natalie |date=7 February 2014 |website=The New York Times |access-date=3 March 2019 }} At Whitman College, students founded All Students for Consent, which answers students' questions about seeking consent in intimate encounters.

==Consent educators==

The US non-profit organization Speak About It (SAI) hires consent educators to lead workshops on "sex, sexuality, relationships, consent, and sexual assault" for high-school and college students.{{cite web |url=http://speakaboutitonline.com/about-2/jobs/consent-educator/ |title=Do you want to be a Consent Educator? |author= |website=speakaboutitonline.com |publisher=Speak About It |access-date=3 March 2019 |archive-date=16 April 2019 |archive-url=https://web.archive.org/web/20190416200710/http://speakaboutitonline.com/about-2/jobs/consent-educator/ |url-status=dead }} SAI consent educators have included gender studies and women's studies students, university graduates interested in social justice, sexual health educators, domestic violence prevention advocates, and theater professionals. SAI's hiring for the consent educator positions is inclusive of diverse "gender identities, racial backgrounds, sexual orientations, and sexual experiences." Yale University hires Communication and Consent Educators, who are students who lead workshops and training and start conversations about sex and consent.{{cite web |url=https://cce.yalecollege.yale.edu/ |title=Yale CCE Program |author= |website=cce.yalecollege.yale.edu |publisher=Yale College |access-date=3 March 2019 }}

File:Jaclyn Friedman headshot.jpg

In January 2018, sexual consent educator Jaclyn Friedman wrote an article about the news commentary regarding comedian Aziz Ansari and sexual consent.{{cite web |url=https://www.vox.com/first-person/2018/1/19/16907246/sexual-consent-educator-aziz-ansari |title=I'm a sexual consent educator. Here's what's missing in the Aziz Ansari conversation. How demanding female sexual pleasure makes us all better at understanding consent.

|last= Friedman |first=Jaclyn |date=19 January 2018 |website=www.vox.com |publisher=Vox |access-date=3 March 2019 }} Friedman called for the need to "better educate young people in this country about sex, consent, and pleasure" by using consent education to teach about sexual communication, awareness of body language, and the need for checking in (if it not clear that the partner is enjoying the activities). The Consent Academy in Seattle is a collective of sex therapists, counsellors and educators who teach "consent culture", provide one-one-one consultations, review consent policies, and provide "consent advocates" for hire.{{cite web |url=http://www.consent.academy/ |title=The Consent Academy |author= |website=www.consent.academy |publisher=Consent Academy |access-date=3 March 2019 }}

==Consent staff in venues==

The Victoria Event Center has hired Tanille Geib, a sexual health educator/intimacy coach, to serve as Canada's first “consent captain”{{cite web |url=https://www.theguardian.com/world/2018/may/25/tanille-geib-consent-captain-canada-victoria-event-centre |title=Dancing clean: the woman helping clubbers deal with consent in the post-#MeToo world |last=Kassam |first=Ashifa |date=25 May 2018 |website=The Guardian |access-date=3 March 2019 }} and stop sexual harassment and sexual assault at social activities.{{cite web |url=https://www.theloop.ca/could-a-consent-captain-be-the-solution-to-sexual-assault-in-bars/ |title=Could a 'Consent Captain' be the solution to sexual assault in bars?: The superhero we wish we didn't need, but are sure glad to have. |last=Hatzitolios |first=Chloe |date=9 May 2018 |website=www.theloop.ca |publisher=The Loop |access-date=2 March 2019 }} The consent captain intervenes if she sees people who are getting stared at, harassed, or touched without consent. She talks to the person who is feeling uncomfortable and then, if the first person agrees, speaks to the individual whose conduct is unwanted.

Like a regular bouncer, the consent captain warns the person engaging in unwanted behavior that those acts are not tolerated in the venue; if the unwanted acts continue, she may "eventually ask them to leave". The consent captain also checks on people who are intoxicated, to prevent people from taking advantage of their impaired state. Since the consent captain is, in this case, a sexual health educator, she is better able to notice risk situations regarding consent and harassment that regular bouncers might not notice. Geib says that since the #Me Too movement, people have become aware that "there's this whole grey cloud area around what acting in consent and consensual relationships are.” Geib says that her role is not to police the patrons, but is rather to start conversations about creating a "consent culture".

In Seattle, the Consent Academy hires out "consent advocates" for events and parties, who act to deter incidents and to help those who experience unwanted contact.

The House of Yes nightclub hired a "consenticorn", a staffer who acts as a "dance-floor monitor" (also called a "consent guardian") for the venue.{{cite web |url=https://www.theguardian.com/commentisfree/2018/dec/22/metoo-movement-office-parties-decline-weinstein-moonves |title=#MeToo doesn't mean an end to socializing and fun |last=Mahdawi |first=Arwa |date=22 December 2018 |website=The Guardian |access-date=3 March 2018 }} The consenticorns roam the venue during the sex-themed party wearing a lighted unicorn horn (to aid guests in finding the consent staffer), distribute condoms and ensure that guests comply with the rules on condom use and mandatory "express, verbal consent" for all physical contact.{{cite web |url=https://www.newyorker.com/magazine/2019/02/11/is-2019-the-year-of-the-consenticorn |title=Is 2019 the Year of the Consenticorn? |last=Witt|first=Emily |date=11 February 2019 |website=www.newyorker.com |publisher=New Yorker |access-date=3 March 2019 }} The consenticorns were trained by Emma Kaywin, a sexual-health educator; the goal is not to "police but [rather] to educate" the clubgoers. Arwa Mahdawi from The Guardian praised the House of Yes' initiative, saying the "...stricter we are about consent, the more fun everyone can have.”

Slovenian philosopher Slavoj Žižek states that the consenticorn approach does not understand "human sexuality" as these venues are "creating spaces that fail to acknowledge the nuances of intimacy and pleasure" by enforcing "tight control" that is delegated to an "external hired controller".{{cite web |url=https://www.independent.co.uk/voices/consent-sex-clubs-house-of-yes-consenticorns-sadomasochism-freud-capitalism-a8705551.html |title=Apparently, clubs now need to hire consent guardians – clearly we've misunderstood human sexuality|last=Žižek |first=Slavoj |date=31 December 2018 |website=www.independent.co.uk |publisher=The Independent |access-date=3 March 2019 }} As well, Žižek asks how the consent guardians will be able to tell the difference between "consensual sadomasochism" and "exploitative" behaviour.

==Safety code words==

For bar patrons who are feeling uncomfortable with the behavior of their date, such as a person who is getting touched without their consent, some venues have a safety code system that enables patrons to alert staff. Some bars have posters in washrooms and drink coasters informing patrons that if they need to signal a bartender that they feel unsafe with their date (or any other bar patron), they can use a codeword (a fictional mixed drink name, for example), and then bar staff will escort the patron out of the venue to make sure they get safely to their taxi.

=Intimacy coordinator=

{{Main|Intimacy coordinator}}

In the television and film industry, in 2018, some production companies began hiring an "intimacy coordinator" to ensure that actors' and actresses' consent is obtained before shooting romantic scenes and simulated sex scenes.{{cite web |url=https://www.avclub.com/hbo-now-requiring-all-of-its-shows-to-have-an-intimacy-1830046784 |title=HBO now requiring all of its shows to have an "intimacy coordinator" on set during sex scenes |last=Hughes|first=William |date=27 October 2018 |website=news.avclub.com |publisher=A.V. Club |access-date=3 March 2019 }} To address concerns about the "vulnerability...and the massive power balance that can happen when a powerful showrunner or director asks an actress or actor...to get naked and simulate sex for the camera", HBO hires an intimacy coordinator for these scenes. The intimacy coordinator is a mix of an acting coach (who makes sure that scenes look realistic) and an advocate for actors and actresses who ensures that the onscreen performers' boundaries are respected and that their physical and emotional comfort is protected.

Other views

Legal scholar Robin West stated in a 2000 article that the use of consent as an ethical premise for life decisions may increase happiness in the world, except for women. She states that women technically consent to many of the life experiences that lead to misery for women, such as pregnancies they did not wish to have, marriages to spouses who beat them, or jobs where a boss sexually harasses them, since they consented to the sex, marriage or taking the job, respectively (even if they did not want the adverse results, such as on-the-job harassment). West states that if we make consent the key ethical standard in life, then all of these negative experiences for women will be not able to be criticized, as people will say that the woman chose of her own free will to enter that situation.

Donna Oriowo states that "...when we talk about consent, we very rarely are talking about black women or women of color", and the focus is usually on white women, with black women accusers continuing to face doubt and blame due to tropes depicting black women as "...over-sexed and only want[ing] sex."{{cite web |url=https://blavity.com/when-we-talk-about-consent-who-are-we-really-talking-about |title=When We Talk About Consent, Who Are We Really Talking About?: "Somehow, when black female voices are raised up in anger, in disbelief and in pain, they are easily ignored." |last=Oriowo |first=Donna |date=March 2018 |website=blavity.com |access-date=14 July 2018 |quote=The idea continues to be perpetuated that black women cannot be raped because of our supposed want or need for sex, that is almost masculine in nature — giving the assailant a pass because they believe they are just giving black women what they want.}} Some younger feminists argue that consent is not truly possible when there is a power disparity between partners in an encounter; Laura Kipnis disagrees, arguing that it is "...precisely the dynamics of power—of status, money, appearance, age, talent—that create desire" between people in a sexual context, with desire being one of the elements Kipnis thinks we should focus on.{{cite web |url=https://www.newyorker.com/culture/persons-of-interest/laura-kipniss-battle-against-vulnerability |title=Laura Kipnis's Battle Against Vulnerability: The Northwestern University professor strengthens her polemic against campus sexual culture |last=Smallwood |first=Christine |date=2 April 2017 |website=www.newyorker.com |publisher=New Yorker |access-date=14 July 2018 |quote=But she believes that the “leakiness” and “idiocy” of sexual desire cannot be contained by regulation; people need to learn to deal with it themselves. }}

Kate Lockwood Harris argues that consent initiatives, such as "no means no" and "yes means yes" use views about communication which she sees as false myths, such as the claim that communication during sex can and should be a binary, unambiguous "no" or "yes". Harris states that by calling for this type of response, anti-assault advocates are lowering the complexity of communication competence between the two people and lessening the opportunities to make consent a political act.{{cite journal |title=Yes means yes and no means no, but both these mantras need to go: communication myths in consent education and anti-rape activism |journal = Journal of Applied Communication Research|volume = 46|issue = 2|pages = 155–178|last=Harris |first=Kate Lockwood |date=12 February 2018 |doi=10.1080/00909882.2018.1435900 |s2cid = 149874717}}

Jed Rubenfeld of Yale Law School wrote in a review that consent should not be the main criterion to judge whether a sexual contact is legal or not. First, in stark contrast to other legal areas (e.g. qualification for a mortgage or an insurance, see misrepresentation), there is generally no requirement to be truthful before obtaining sexual consent. Though rape by deception is punishable, it usually does not refer to honesty in relationship matters. Likewise, laws do not offer any recourse in case sexual consent has been given based on false premises. His second point is that rape laws intend to protect sexual autonomy, but yet the only thing that can override somebody's autonomy is coercion, or exploiting somebody's incapacitation. By their strict definition, non-consensual situations only imply a disagreement, and thus, they can be resolved by simply walking away. Therefore, in Rubenfeld's view, the defenselessness of a person, or the use (or threat) of force, is the only criterion which can define rape in a logical way.{{cite web|author=Jed Rubenfeld|url=https://gould.usc.edu/centers/clhc/events/feature/documents/Rubenfeld.pdf|title=The Riddle of Rape-by-Deception and the Myth of Sexual Autonomy}}

File:Kutsche 1458.JPG, because in some BDSM encounters, participants agree to "consensual non-consent."]]

Non-consensual condom removal, also called "stealthing", is the practice of a man covertly removing a condom when his sex partner has only consented to safer condom-protected sex.{{Cite news|url=https://www.huffingtonpost.com/entry/inside-the-online-community-of-men-who-preach-removing-condoms-without-consent_us_58f75eb2e4b05b9d613eb997|title=Inside The Online Community Of Men Who Preach Removing Condoms Without Consent|last=Hatch|first=Jenavieve|date=21 April 2017|work=Huffington Post|access-date=23 April 2017|language=en-US}} Alexandra Brodsky wrote an article in the Columbia Journal of Law and Gender calling for "stealthing" to be legally considered as a kind of sexual assault, but also reviewed the difficulties in doing so: In all legal areas, breaking an agreement usually is not considered a crime, and that misrepresenting one's true intentions does not make a sexual act illegal. Thus, the most successful argument for making stealthing punishable would be the inherent pregnancy and infection risk of unprotected intercourse.{{Cite journal|last=Brodsky|first=Alexandra |title='Rape-Adjacent': Imagining Legal Responses to Nonconsensual Condom Removal |journal=Columbia Journal of Gender and Law |volume=32 |issue=2 |year=2017 |ssrn=2954726 }}{{cite web |url= https://www.elle.com/culture/career-politics/a44886/stealthing-is-not-a-trend-its-sexual-assault/|title="Stealthing" Is Not a Trend. It's Sexual Assault |last=Doyle |first=Sady |date=1 May 2017 |website=www.elle.com |publisher=Elle |access-date=30 March 2019 }} The women who experienced "stealthing" had to pay for emergency contraception and faced concerns about pregnancy or sexually transmitted infections, and some women felt that it was a type of rape. Stealthing is a type of domestic violence that is called "reproductive coercion"; it includes taking off condoms or poking holes in condoms.

The reversed scenario, in which a woman attempts to become pregnant without the man's consent, is known as "Reverse stealthing" or sperm theft. It can include lying about use of contraception or sabotaging birth control (such as by poking holes in a condom), or self-inseminating with sperm retrieved from a condom.{{cite news|url=https://news.yahoo.com/spurgling-stealing-sperm-pregnant-121820779.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAIi7yYa8dWNDO40z8s0tdIJ9Mx9ajb8I6TMW3AtZhE9XtLosMv5TQeiC7v8SpXdn3EXODalDi-lWsv5PqLpHA_REmQV-1QDHryv5kp0nqAjt8eUjPk94Hq9SHhBj7QdZRRdb-sCMVTH4OE8EbthXcU3gEXHgtz8LrLpRzhQPA7wL|title=What is spurgling and why do experts have concerns about the sperm stealing practice?|work=Yahoo News|date=15 August 2019}}{{Cite web |url=https://www.dw.com/en/germany-woman-sentenced-for-poking-holes-in-partners-condoms/a-61689670 |title=Germany: Woman sentenced for poking holes in partner's condoms |date=2022-05-05 |access-date=2022-05-06 |last=Sinico |first=Sean |publisher=Deutsche Welle}} It raises interesting questions in that regard – in normal stealthing, the victim can still seek an abortion, while here, the male partner ends up being victimized twice over as he cannot force her to end her pregnancy, or refuse to make child support payments.

Mia Mercado states that "revenge porn" posted online or otherwise disseminated by former partners without permission and “leaked celebrity [sex] photos” that are hacked or stolen from stars' phones are "non-consensual pornography".{{cite web |url=https://www.bustle.com/p/7-types-of-sexual-assault-we-need-to-stop-minimizing-57319 |title=7 Types Of Sexual Assault We Need To Stop Minimizing |last=Mercado |first=Mia |date=11 May 2017 |website=www.bustle.com |publisher=Bustle |access-date=1 April 2019 }} She says that these two activities are a "form of sexual assault and should be treated as such", noting that revenge porn is an offence in 34 US states with legislation pending (in 2017) in other states.

Concepts of affirmative consent are more challenging in BDSM encounters, particularly in settings where the participants agree to "consensual non-consent", also called meta-consent and blanket consent, a mutual agreement to be able to act as if consent has been waived. It is an agreement where comprehensive consent is given in advance, with the intent of it being irrevocable under most circumstances. This often occurs without foreknowledge of the exact actions planned.[http://www.informedconsent.co.uk/dictionary/Consensual-nonconsent/ "Consensual non-consent"] {{webarchive|url=https://web.archive.org/web/20090901004229/http://www.informedconsent.co.uk/dictionary/Consensual-nonconsent/ |date=2009-09-01 }}, Informed Consent dictionary, Accessed 12 June 2012.[http://www.xeromag.com/fvbdglossary.html Dictionary of BDSM Terms], "Consensual Non-Consent", Accessed 12 June 2012. Even if two participants in a BDSM encounter agree that they consent to violence, in Canada, the law limits what violent sexual act people can consent to; specifically, Canadians cannot consent to getting seriously injured.{{cite news |url=https://nationalpost.com/news/canada/canadian-law-imposes-some-limits-on-freedom-to-consent-to-violent-sexual-activity |title=Canadian law imposes some limits on freedom to consent to violent sexual activity|last=Hasselback |first=Drew |date=27 October 2014 |newspaper=National Post |access-date=16 July 2018 |quote=Jian Ghomeshi says that what he does in the bedroom is done with consent. This assertion invites a legal question: just how does consent work in Canadian law? }}

Ezra Klein supports California's "yes means yes" law for the state's colleges on the grounds that there are too many sexual assaults; as such, he endorses broad new legal measures like California's newly created law.{{cite web |url=https://www.theatlantic.com/politics/archive/2014/10/an-apalling-case-for-affirmative-consent-laws/381518/ |title=An Appalling Case for Affirmative-Consent Laws: Ezra Klein expresses hope for "a haze of fear and confusion" on college campuses and "a cold spike of fear" in college men. |last=Friedersdorf |first=Conor |date=16 October 2014 |website= www.theatlantic.com|publisher=The Atlantic |access-date=16 June 2018 }} While he acknowledges that the law impinges on the personal sexual lives of people, he says that to work, the new law needs to have "overreach", so that it will create a "cold spike of fear" among college men about whether a sexual encounter is consensual. Klein states that cases where it is unclear whether consent was or was not given will be a necessary part of the law's effectiveness, as these cases will help to reduce sexual assaults, as students become aware of the disciplinary process and the consequences for those found guilty. Freddie deBoer states that if "yes means yes" becomes widespread, it would lead to a lower standard of proof being available to law enforcement and justice institutions which have thus far shown evidence of using racial or class-based prejudice when assessing and trying cases (e.g., driving while black); this could lead to "yes means yes" charges and punishments falling disproportionately on students of color or those from working-class backgrounds.

= LGBT =

Michael Segalov states that young gay men do not learn much about consent and sexual boundaries because most "were never taught the language with which to explain or understand" their experiences and there are typically few LGBT+ role models in their community or family to seek advice from.{{cite web |url=https://www.theguardian.com/commentisfree/2018/mar/07/gay-community-metoo-moment-conversation-consent-sexual-assault |title=Why hasn't the gay community had a #MeToo moment? |last=Segalov |first=Michael |date=7 March 2018 |website=The Guardian |access-date=16 February 2019 }} Segalov states that hookup apps may create consent challenges because some men have a feeling of "entitlement" when they arrive at the hookup partner's place, and a sense that the encounter's sexual interaction has been "prearranged" online.

File:L.D.P. Gay Bar Istanbul.JPG

Christopher Robinson states that some queer "spaces continue to normalize, and even encourage, sexual violence", including "groping, drunk affection, and blatant sexual assault", because the "direct sexualization" in these venues leads some men to view the sexual harassment they commit as a "compliment" to the recipient. Robinson says that the "transgressions [are re-positioned] as charm" by the harassers, with the recipients of the unwanted contact being expected to "ignore and endure" the groping.{{cite web |url=http://ucsdguardian.org/2018/05/14/leave-space-queer-spaces/ |title=Opinion: Leave Some Space in Queer Spaces |last=Robinson |first=Christopher |date=14 May 2018 |website=ucsdguardian.org |publisher=UCSD Guardian |access-date=16 February 2019 |quote=As these [queer] spaces continue to normalize, and even encourage, sexual violence, they undermine their mission to provide safe and comfortable spaces for queer people to interact.}} Robinson says that this atmosphere may undermine the safe space that gay bars were supposed to be providing for queer people.

John Voutos states that for queer people, there are number of challenges with communicating consent, including "[s]ex-on-premises venues, queer clubs", online dating, the "non-verbal, semi-ambiguous communication of the hanky code" (in which a color-coded system indicates preferred sexual fetishes, what kind of sex they are seeking, and whether they are a top/dominant or bottom/submissive) and cruising for sex.{{cite web |url=http://www.starobserver.com.au/news/national-news/consent-is-part-of-long-history-of-lgbtiqa-silencing-melbourne-inaugural-consent-festival/175389 |title='CONSENT IS A RIGHT OFTEN WITHHELD FROM LGBTIQ+ PEOPLE': MELBOURNE'S INAUGURAL CONSENT FESTIVAL |last=Voutos |first=John|website=www.starobserver.com.au |date=17 January 2019 |publisher=Star Observer |access-date=16 February 2019 |quote=The importance of consent is often overlooked in queer spaces.}} Brodie Turner, the organizer of a 2019 Consent Festival, says that the lengthy history of "LGBTIQA+ silencing" and erasure from sex education and the lack of media depictions of "healthy [LGBTIQA+] relationships" mean that LGBTIQA+ people do not know about consent or have a sense that it is their right.

Philip Henry states that the male gay community tolerates and even encourages non-consenting grabbing and groping of butts and crotches in gay venues because the boundaries of consent are blurred in the gay club environment, particularly when there is drinking and semi-nude patrons dancing.{{cite web |url=https://www.them.us/story/how-gay-men-normalize-sexual-assault |title=How Gay Men Normalize Sexual Assault |last=Henry |first=Philip |date=17 November 2017 |website=www.them.us |publisher=Them |access-date=25 June 2018 |quote=Gay bars and gay venues offer a safe environment to celebrate our sexuality, free of judgment. Yet as we’ve built fences to protect us from the hatred of the outside world, we’ve forgotten the need to protect the people inside of it as well.}} He says that when a gay man does experience unwanted groping and expresses concern, he is often told to "calm down" or that groping "comes with the territory” in a gay venue. Gay men in the chemsex scene, where couples or groups consume GHB or crystal meth prior to extensive sex, have stated that consent is not clearly defined and there can be a perception that anyone at a "party and play" get-together is assumed to consent.{{cite web |url=https://www.advocate.com/current-issue/2017/9/11/its-time-talk-about-chemsex-and-consent |title=It's Time to Talk About Chemsex and Consent |last=Zane |first=Zachary |date=11 September 2017 |website=www.advocate.com |publisher=Advocate |access-date=7 July 2018 |quote=Consent often isn't clearly defined among men who engage in chemsex. Various men have told me that consent is given up upon using drugs. “When I went into these situations, I went in with the knowledge that anything goes,” says Sam.}}

In an article in Advocate, Alexander Cheves argues that when a person enters a dark backroom of a gay bar, "you waive a degree of consent", because "[g]ay men go back there to get groped."{{cite web |url=https://www.advocate.com/commentary/2017/8/08/straight-folks-there-are-some-spaces-you-dont-belong |title=Straight Folks, There Are Some Spaces You Don't Belong In |last=Cheves |first=Alexander |date=8 August 2017 |website=www.advocate.com |publisher=Advocate |access-date=16 February 2019 }} Cheves states that for people going into a backroom, the onus is on them to "gently push" an unwanted hand away from their body. In "Discussing Consent in Gay Spaces Requires Nuance, Not Sex Panic", Rennie McDougall states that adding modern consent approaches to gay spaces such as gay bars and saunas would have a negative effect on gay men's sexual interactions, because non-consensual but non-threatening hands of a stranger on a bottom, chest or crotch can be a "positive part of sexual discovery" for gay men.{{cite web |url=http://www.slate.com/blogs/outward/2017/12/19/discussing_consent_in_gay_spaces_requires_nuance_not_sex_panic.html |title=Discussing Consent in Gay Spaces Requires Nuance, Not Sex Panic |last=McDougall |first=Rennie |date=19 December 2017 |website=www.slate.com |publisher=Slate/Outward |access-date=24 June 2018 |quote=But the sanitization of gay spaces—a total cleaning up of our sometimes messy brushes with desire—would be a profound loss. What arguments like these make clear is that when it comes to the language of assault, we should not generalize. A “strange hand on our butts” in a gay club, as Henry writes, is not necessarily an act of sexual violence. To lump the two ends of a spectrum together under one category of assault trivializes the seriousness of aggressive acts and ignores the fact that unexpected—but non-threatening—encounters can be a positive part of sexual discovery}}

Jo Jackson says that in the queer female community she has had experiences where venue participants put their hands on her body (near her thigh) and touching her breasts without consent, but she said nothing because she felt at the time that these actions were part of "a soft charade of seduction".{{cite web |url=https://matadornetwork.com/read/reality-harassment-abuse-queer-female-community/ |title=The reality of harassment and abuse in the queer female community |last=Jackson |first=Jo |date=18 January 2018 |website=matadornetwork.com |publisher=Matador Network|quote=16 February 2019}} She states that the queer female community has "butt-grabbing, dudeish remarks, and aggressive, persistent come-ons" and she says there is a sense that being aggressive or using “sexual energy to wield power is...hot”. She says some women feel a sense of "entitlement" to touch that blurs the concept of consent. Another issue is that queer women often grow up only exposed to media representations of heterosexual dating, so young queer females may lack a vocabulary for women-on-women dating and an understanding of the social cues for consent.

In "Why Yes Can Mean No", Jordan Bosiljevac states that "yes" does not necessarily mean consent for "...poor, disabled, queer, non-white, trans, or feminine" people; she states that consent approaches are a form of privilege created for well-to-do, hetero, cis, White, able-bodied people.{{cite web |url=https://cmcforum.com/opinion/04302015-why-yes-can-mean-no |title=Why Yes Can Mean No |last=Bosiljevac |first= Jordan|date=30 April 2015 |website=cmcforum.com |publisher=The Forum |access-date=7 July 2018 }} An article about queer students at McGill University states that in queer sexual encounters, there is not a set script of activities, as with heterosexual sex, and queer sex is more exploratory; as such, there are more discussions about consent between queer partners about every step and act.{{cite web |url=https://mcgilldaily.com/queernessandsexuality/consent.php |title=Talking about queer consent: The dynamics of consent in queer relationships merit their own discussion |last=Kahn |first=Rebecca |website= mcgilldaily.com|publisher=McGill Daily |access-date=14 July 2018 }} However, Rebecca Kahn states that in queer encounters where one person is cis-gender and one person is trans, the cis person may have more power in the relationship that can give the trans person "...feelings of fear, or more subtly,...a desire to please the more privileged partner" in the encounter; Kahn says that to address these power differentials, the privileged partner should make sure the marginalized person feels comfortable by letting them know that consent is not assumed. Asexual people may feel pressured to consent to having sex when they are in a relationship.{{cite web |url=https://hellogiggles.com/lifestyle/asexual-people-belong-at-pride/ |title=Why asexual people belong at Pride and in all LGBTQIA+ spaces |last=Leary |first=Alaina |date=19 June 2018 |website=hellogiggles.com |publisher=Hello Giggles |access-date=16 February 2019 }}

See also

References

{{Reflist}}

Further reading

  • Archard, David. Sexual consent. Westview Press, 1998.
  • Cowling, Mark. Making Sense of Sexual Consent. Routledge, 2017.
  • Ehrlich, Susan. Representing Rape: Language and Sexual Consent. Routledge, 2003.
  • Primoratz, Igor. "Sexual Morality: Is Consent Enough?". Ethical Theory and Moral Practice. September 2001, Volume 4, Issue 3, pp 201–218.
  • Refinetti, Roberto. Sexual Harassment and Sexual Consent. Routledge, 2018.
  • [https://direct.mit.edu/books/book/4304/Sexual-Consent Sexual Consent by Milena Popova]

Category:Sexual ethics

Category:Rape

Category:Human sexuality