Consent

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Consent occurs when one person voluntarily agrees to the proposal or desires of another. [1] It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual consent. Consent as understood in specific contexts may differ from its everyday meaning. For example, a person with a mental disorder, a low mental age, or under the legal age of sexual consent may willingly engage in a sexual act that still fails to meet the legal threshold for consent as defined by applicable law.

Contents

United Nations agencies and initiatives in sex education programs believe that teaching the topic of consent as part of a comprehensive sexuality education is beneficial. [2] Types of consent include implied consent, express consent, informed consent and unanimous consent.

Types

Internet and digital services

The concept of end-user given consent plays an important role in digital regulations such as the European General Data Protection Regulation (GDPR). [12] [13] The GDPR (Article 6) defines a set of different legal bases for lawful processing of personal data. End-users' consent is only one of these possible bases. However, as a result of the GDPR enforcement (in 2018) and other legal obligations, data controllers (online service providers) have widely developed consent-obtaining mechanisms in recent years. [12] According to the GDPR, end-users' consent should be valid, freely given, specific, informed and active. [12] But the lack of enforceability regarding obtaining lawful consents has been a challenge in the digital world. As an example, a 2020 study, showed that the Big Tech, i.e. Google, Amazon, Facebook, Apple, and Microsoft (GAFAM), use dark patterns in their consent obtaining mechanisms, which raises doubts regarding the lawfulness of the obtained consent. [12]

Tort

Consent can be either expressed or implied. For example, participation in a contact sport usually implies consent to a degree of contact with other participants, implicitly agreed and often defined by the rules of the sport. [14] Another specific example is where a boxer cannot complain of being punched on the nose by an opponent; implied consent will be valid where the violence is ordinarily and reasonably to be contemplated as incidental to the sport in question. [15] Express consent exists when there is oral or written agreement, particularly in a contract. For example, businesses may require that persons sign a waiver (called a liability waiver) acknowledging and accepting the hazards of an activity. This proves express consent, and prevents the person from filing a tort lawsuit for unauthorised actions.[ citation needed ]

In English law, the principle of volenti non fit injuria (Latin: "to a willing person, injury is not done") applies not only to participants in sport, but also to spectators and to any others who willingly engage in activities where there is a risk of injury. Consent has also been used as a defense in cases involving accidental deaths during sex, which occur during sexual bondage. Time (May 23, 1988) referred to this latter example, as the "rough-sex defense". It is not effective in English law in cases of serious injury or death.

As a term of jurisprudence prior provision of consent signifies a possible defence (an excuse or justification) against civil or criminal liability. Defendants who use this defense are arguing that they should not be held liable for a tort or a crime, since the actions in question took place with the plaintiff or "victim's" prior consent and permission.[ citation needed ]

Medicine

In medical law, consent is important to protect a medical practitioner from liability for harm to a patient arising from a procedure. There are exemptions, such as when the patient is unable to give consent. [4]

Also, a medical practitioner must explain the significant risks of a procedure or medication (those that might change the patient's mind about whether or not to proceed with the treatment) before the patient can give a binding consent. This was explored in Australia in Rogers v Whitaker. [16] If a practitioner does not explain a material risk that subsequently eventuates, then that is considered negligent. [17] These material risks include the loss of chance of a better result if a more experienced surgeon had performed the procedure. [18] In the UK, a Supreme Court judgment [19] modernized the law on consent and introduced a patient-focused test to UK law: allowing the patient rather than the medical professionals to decide upon the level of risk they wish to take in terms of a particular course of action, given all the information available. This change reflects the Guidance of the General Medical Council on the requirement to consent patients, and removes the rule of medical paternalism. [20]

Social science research

Social scientists are generally required to obtain informed consent from research participants before asking interview questions or conducting an experiment. Federal law governs social science research that involves human subjects, and tasks institutional review boards (IRBs) at universities, federal or state agencies, and tribal organizations to oversee social science research that involves human subjects and to make decisions about whether or not informed consent is necessary for a social scientific study to go forward. [21] Informed consent in this context generally means explaining the study's purpose to research participants and obtaining a signed or verbal affirmation that the study participants understand the procedures to be used and to consent to participate in the study. [22] : 51–55 

Some types of social scientific research, such as psychological experiments, may use deception as part of the study; in these cases, researchers may not fully describe the procedures to participants, and thus participants are not fully informed. However, researchers are required to debrief participants immediately after the experiment is concluded. Certain populations are considered to be vulnerable, and in addition to informed consent, special protections must be made available to them. These include persons who are incarcerated, pregnant women, persons with disabilities, and persons who have a mental disability. Children are considered unable to provide informed consent. [22] : 51–55 

Planning law

Some countries, such as New Zealand with its Resource Management Act and its Building Act, use the term "consent" for the legal process that provide planning permission for developments like subdivisions, bridges or buildings. Achieving permission results in getting "Resource consent" or "Building consent".

Sexual activity

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. [23] Consent can also be revoked at any moment. [24] [ better source needed ] The Supreme Court of British Columbia ruled that badgering alone, followed by an agreement, does not meet the threshold of coercion to vitiate consent. [25]

Sexual consent plays an important role in defining what sexual assault is, since sexual activity without consent by all parties is rape. [26] [27] [ better source needed ] 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". [28] 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. [29]

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." [24] Hickman and Muehlenhard state that consent should be "free verbal or nonverbal communication of a feeling of willingness' to engage in sexual activity." [30] 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. [26]

Some individuals are unable to give consent. 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. [31]

Within literature,[ vague ] definitions surrounding consent and how it should be communicated have been contradictory, limited or without consensus. [26] [27] 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. [32] 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. [33] 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. [34]

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". [35] In U.S., California-Berkeley University has implemented affirmative and continual consent in education and in the school's policies. [36] 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. [37]

Affirmative consent (enthusiastic yes) is when both parties agree to sexual conduct, either through clear, verbal communication or nonverbal cues or gestures. [36] It involves communication and the active participation of people involved. This is the approach endorsed by colleges and universities in the U.S., [38] which 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). [36] By definition, affirmative consent cannot be given if a person is intoxicated, unconscious or asleep.

There are 3 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 [36]

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 is 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. [36] "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." [36]

The above concept of affirmative consent has become more mainstream and promoted in public discourse, institutions and the workplace, especially following the #MeToo scandals. However, feminists from varying political backgrounds have voiced concerns and critiques of affirmative consent as a solution to both sexual assault and creating sexual equality and autonomy between all genders. [39] If women, queer people and other marginalized groups are not free to say no, why would they be free to say yes? [40] Feminists have been seeking for more transformative alternatives that go beyond a (verbal) agreement between sexual partners, examining the issue as a political question related to power structures, the influence of neoliberal perceptions of the self and the complexity of human desire.

Neoliberal contractualism and rationalism

The common form of affirmative consent assumes that humans act as rational and independent beings who, at any point in any interaction, are fully aware of what they are (not) consenting to, whether they want to and are able to make a conscious, valid decision. Consent, as it is practiced now, thus requires us to rationalize desires and prioritizes thinking over feeling, and reason over emotions. The resulting consent is shaped in a neoliberal form of contractualism which makes a withdrawal of consent or a change in the conditions of the activity at stake rather challenging. This form of consent as a contract is assuming consent to happen between two (or more) individual and rational actors and it does not give room to forms of discomfort, vulnerability or discussion within the practice consented to. Additionally, this contractualism mostly relies on verbal, affirmative consent and overlooks non-verbal or alternative ways of consenting. The latter is rather essentializing signs of affirmation and, due to its reliance on verbal consent in form of understandable words, can be ableist by invalidating non-verbal consent. Furthermore, contractualism assumes consent to be rational by nature and implies that we always know rationally whether or not we want to consent to something. However, especially in the sphere of interpersonal sexual and non-sexual activities, our own needs or desires are not always rational but can rather be ambiguous, contradicting or unclear. Consent in the form of neoliberal contractualism is unable to include and reflect this ambiguity and the lack of rationality.[ citation needed ]

Arguably, there is a distinction that is rarely made in the debate around consent: the socio-cultural and the legal. While talking about consent, arguments are often informed and talked about in a legal framework: What do we need to be protected in the current legal framework? Which formulations give the best protection to victims of sexual violence? However, when talking about this particular protection there is also a need for protection through prevention, a protection by society rather than the law.

While it is not necessarily a given that affirmative consent provides the best legal protection for victims without taking away their agency, there is another danger in linking the legal debate and our overall understanding of consent. Relying on the legal framework and presenting these as the question of consent takes away the need for change and discussion on the socio-cultural level that has the potential to offer even more complexity, flexibility and room to rethink our sexual and overall encounters beyond the protection against violence. A socio-cultural debate would be one around our needs, attitudes and behaviors and the changes needed, which arguably is a more complex debate to hold and handle. [41] With a certain level of protection this complexity is needed though to rethink our encounters beyond the mantras of 'no means no' and 'only yes means yes', something that is not reductionist to be applied in a legal setting and that gives the possibility to imagine interactions beyond the current status quo. [40]

See also

Related Research Articles

<span class="mw-page-title-main">Age of consent</span> Minimum age for agreement to sexual activities

The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim that the sexual activity was consensual, and such sexual activity may be considered child sexual abuse or statutory rape. The person below the minimum age is considered the victim, and their sex partner the offender, although some jurisdictions provide exceptions through "Romeo and Juliet laws" if one or both participants are underage and are close in age.

<span class="mw-page-title-main">Human sexual activity</span> Manner in which humans engage sexually

Human sexual activity, human sexual practice or human sexual behaviour is the manner in which humans experience and express their sexuality. People engage in a variety of sexual acts, ranging from activities done alone to acts with another person in varying patterns of frequency, for a wide variety of reasons. Sexual activity usually results in sexual arousal and physiological changes in the aroused person, some of which are pronounced while others are more subtle. Sexual activity may also include conduct and activities which are intended to arouse the sexual interest of another or enhance the sex life of another, such as strategies to find or attract partners, or personal interactions between individuals. Sexual activity may follow sexual arousal.

<span class="mw-page-title-main">Sexual intercourse</span> Penetrative sexual activity for reproduction or sexual pleasure

Sexual intercourse is a sexual activity typically involving the insertion and thrusting of the male penis inside the female vagina for sexual pleasure, reproduction, or both. This is also known as vaginal intercourse or vaginal sex. Sexual penetration has been known by humans since the dawn of time, and has been an instinctive form of sexual behaviour and psychology among humans. Other forms of penetrative sexual intercourse include anal sex, oral sex, fingering and penetration by use of a dildo, and vibrators. These activities involve physical intimacy between two or more people and are usually used among humans solely for physical or emotional pleasure. They can contribute to human bonding.

<span class="mw-page-title-main">Informed consent</span> Ethical precondition for obtaining voluntary assumption of risk

Informed consent is a principle in medical ethics, medical law, media studies, and other fields, that a person must have sufficient information and understanding before making decisions about accepting risk, such as their medical care. Pertinent information may include risks and benefits of treatments, alternative treatments, the patient's role in treatment, and their right to refuse treatment. In most systems, healthcare providers have a legal and ethical responsibility to ensure that a patient's consent is informed. This principle applies more broadly than healthcare intervention, for example to conduct research, to disclose a person's medical information, or to participate in high risk sporting and recreational activities.

Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time. Unlawful sexual acts are called sex crimes.

<span class="mw-page-title-main">Sadomasochism</span> Sexual practice

Sadism and masochism, known collectively as sadomasochism or S&M, is the derivation of pleasure from acts of respectively inflicting or receiving pain or humiliation. The term is named after the Marquis de Sade, a French author known for his violent and libertine works and lifestyle, and Leopold von Sacher-Masoch, an Austrian author who described masochistic tendencies in his works. Though sadomasochistic behaviours and desires do not necessarily need to be linked to sex, sadomasochism is also a definitive feature of consensual BDSM relationships.

<span class="mw-page-title-main">Sex-positive movement</span> Ideology supporting healthy sexual norms

The sex-positive movement is a social and philosophical movement that seeks to change cultural attitudes and norms around sexuality, promoting the recognition of sexuality as a natural and healthy part of the human experience and emphasizing the importance of personal sovereignty, safer sex practices, and consensual sex. It covers every aspect of sexual identity including gender expression, orientation, relationship to the body, relationship-style choice, and reproductive rights. Sex-positivity is "an attitude towards human sexuality that regards all consensual sexual activities as fundamentally healthy and pleasurable, encouraging sexual pleasure and experimentation." It challenges societal taboos and aims to promote healthy and consensual sexual activities. The sex-positive movement also advocates for comprehensive sex education and safe sex as part of its campaign. The movement generally makes no moral distinctions among types of sexual activities, regarding these choices as matters of personal preference.

Eisenstadt v. Baird, 405 U.S. 438 (1972), was a landmark decision of the U.S. Supreme Court that established the right of unmarried people to possess contraception on the same basis as married couples.

<span class="mw-page-title-main">Consent in BDSM</span> Facet of BDSM

Consent within BDSM is when a participant gives their permission for certain acts or types of relationships. It bears much in common with the concept of informed consent and is simultaneously a personal, ethical and social issue. It is an issue that attracts much attention within BDSM, resulting in competing models of consent such as safe, sane and consensual and risk-aware consensual kink. Observers from outside the BDSM community have also commented on the issue of consent in BDSM, sometimes referring to legal consent which is a separate and largely unrelated matter. However, the presence of explicit consent within BDSM can often have implications for BDSM and the law and, depending on the country the participants are in, may make the differences between being prosecuted or not.

Sexual ethics is a branch of philosophy that considers the ethics or morality of sexual behavior. Sexual ethics seeks to understand, evaluate and critique interpersonal relationships and sexual activities from social, cultural, and philosophical perspectives. Some people consider aspects of human sexuality, such as gender identification and sexual orientation, as well as consent, sexual relations and procreation, as giving rise to issues of sexual ethics.

The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant.

Implied consent is consent which is not expressly granted by a person, but rather implicitly granted by a person's actions and the facts and circumstances of a particular situation. For example, if a person is unconscious as a result of injuries sustained during a traffic collision, medical treatment may be provided to that person, despite the unconscious person being unable to expressly grant consent for that treatment.

In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent. Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term statutory rape in the language of statutes. In statutory rape, overt force or threat is usually not present. Statutory rape laws presume coercion because a minor or mentally disabled adult is legally incapable of giving consent to the act.

<span class="mw-page-title-main">Age of consent in the United States</span>

In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.

Sexual consent is consent to engage in sexual activity. In many jurisdictions, sexual activity without consent is considered rape or other sexual assault.

<i>Yes Means Yes</i> 2008 book by Jaclyn Friedman and Jessica Valenti

Yes Means Yes: Visions of Female Sexual Power and a World Without Rape is a feminist non-fiction book edited by Jaclyn Friedman and Jessica Valenti, published in 2008. The book was one of Publishers Weekly's 99 Best Books of 2009 and inspired a sexual education non-credit course at Colgate University. The title refers to the popular, "Yes Means Yes" affirmative consent campaign against date rape, which calls for sexual participants to obtain a declaration of consent, "yes", to each sexual act or escalation.

<span class="mw-page-title-main">Legality of BDSM</span> Laws on BDSM

Criminalization of consensual BDSM practices is usually not with explicit reference to BDSM, but results from the fact that such behavior as spanking or cuffing someone could be considered a breach of personal rights, which in principle constitutes a criminal offense. In Germany, Netherlands, Japan and Scandinavia, such behavior is legal in principle. In Austria the legal status is not clear, while in Switzerland and parts of Australia some BDSM practices can be considered criminal.

Privacy for research participants is a concept in research ethics which states that a person in human subject research has a right to privacy when participating in research. Some typical scenarios this would apply to include, or example, a surveyor doing social research conducts an interview with a participant, or a medical researcher in a clinical trial asks for a blood sample from a participant to see if there is a relationship between something which can be measured in blood and a person's health. In both cases, the ideal outcome is that any participant can join the study and neither the researcher nor the study design nor the publication of the study results would ever identify any participant in the study. Thus, the privacy rights of these individuals can be preserved.

<span class="mw-page-title-main">General Data Protection Regulation</span> EU regulation on the processing of personal data

The General Data Protection Regulation, abbreviated GDPR, or RGPD is a European Union regulation on information privacy in the European Union (EU) and the European Economic Area (EEA). The GDPR is an important component of EU privacy law and human rights law, in particular Article 8(1) of the Charter of Fundamental Rights of the European Union. It also governs the transfer of personal data outside the EU and EEA. The GDPR's goals are to enhance individuals' control and rights over their personal information and to simplify the regulations for international business. It supersedes the Data Protection Directive 95/46/EC and, among other things, simplifies the terminology.

Sexual consent plays an important role in laws regarding rape, sexual assault and other forms of sexual violence. In a court of law, whether or not the alleged victim had freely given consent, and whether or not they were deemed to be capable of giving consent, can determine whether the alleged perpetrator is guilty of rape, sexual assault or some other form of sexual misconduct.

References

  1. ↑ "consent, n." www.oed.com (From the second edition (1989) ed.). Oxford English Dictionary. Archived from the original on 2022-05-07. Retrieved 2016-03-24.
  2. ↑ International technical guidance on sexuality education: An evidence-informed approach (PDF). Paris: UNESCO. 2018. p. 56. ISBN   978-92-3-100259-5.
  3. ↑ Barnett, Randy E. (8 March 2021). "Contracts is Not Promise; Contract is Consent". Suffolk University Law Review. 45: 647. Retrieved 11 August 2024.
  4. 1 2 Garner, Bryan (2011). Black's Law Dictionary. West Publishing Co. p. 726.
  5. 1 2 Cunliffe, Emma (2012). "Sexual Assault Cases in the Supreme Court of Canada: Losing Sight of Substantive Equality?". Supreme Court Law Review. SSRN   2111652 . Retrieved 21 July 2024.
  6. ↑ Oliver, Jill; Petropanagos, Angel; Chidwick, Paula (9 May 2022). "Final consent, advance consent and alleviating suffering in frail adults requesting MAiD". Canadian Medical Association Journal. 194 (18): E652. doi:10.1503/cmaj.81239. ISSN   0820-3946. PMC   9259404 . PMID   35534025.
  7. ↑ "Choice, Consent, and Cycling: The Hidden Limitations of Consent". Mich. L. Rev. Retrieved 21 July 2024.
  8. ↑ Koshan, Jennifer (28 December 2016). "Marriage and Advance Consent to Sex: A Feminist Judgment in R v. JA". Oñati Socio-Legal Series. SSRN   2891024 . Retrieved 21 July 2024.
  9. ↑ Boni-Saenz, Alexander A. (8 March 2021). "Sexual Advance Directives". Ala. L. Rev. 68: 1. Retrieved 21 July 2024.
  10. ↑ Grigorovich, Alisa; Kontos, Pia; Heesters, Ann; Martin, Lori Schindel; Gray, Julia; Tamblyn Watts, Laura (2022). "Dementia and sexuality in long-term care: Incompatible bedfellows?". Dementia. 21 (4): 1077–1097. doi:10.1177/14713012211056253. ISSN   1471-3012. PMC   9189437 . PMID   34904897.
  11. ↑ Christoph Stumpf, "Consent and the Ethics of International Law Revisiting Grotius's System of States in a Secular Setting." Grotiana 41.1 (2020): 163-176.
  12. 1 2 3 4 Human, Soheil; Cech, Florian (2021). "A Human-Centric Perspective on Digital Consenting: The Case of GAFAM" (PDF). In Zimmermann, Alfred; Howlett, Robert J.; Jain, Lakhmi C. (eds.). Human Centred Intelligent Systems. Smart Innovation, Systems and Technologies. Vol. 189. Singapore: Springer. pp. 139–159. doi:10.1007/978-981-15-5784-2_12. ISBN   978-981-15-5784-2. S2CID   214699040.
  13. ↑ Skiera, Bernd (2022). The impact of the GDPR on the online advertising market. Klaus Matthias Miller, Yuxi Jin, Lennart Kraft, René Laub, Julia Schmitt. Frankfurt am Main. ISBN   978-3-9824173-0-1. OCLC   1303894344.{{cite book}}: CS1 maint: location missing publisher (link)
  14. ↑ Example of permitted and regulated contact in sport - BBC Sport: Rugby Union: "... you can tackle an opponent in order to get the ball, as long as you stay within the rules."
  15. ↑ Pallante v Stadiums Pty Ltd (No 1) [1976] VicRp 29 , [1976] VR 331 at 339, Supreme Court (Vic,Australia).
  16. ↑ Rogers v Whitaker [1992] HCA 58 , (1992) 175 CLR 479, High Court (Australia).
  17. ↑ Chester v Afshar [2004] UKHL 41 , [2005] 1 AC 134, House of Lords (UK).
  18. ↑ Chappel v Hart [1998] HCA 55 , (1998) 195 CLR 232, High Court (Australia).
  19. ↑ Montgomery v Lanarkshire Health Board [2015] UKSC 11 , [2015] AC 1430, Supreme Court (UK).
  20. ↑ "Supreme Court decision changes doctor-patient relationship forever - Balfour+Manson". www.balfour-manson.co.uk. Archived from the original on 2018-01-18. Retrieved 2018-01-18.
  21. ↑ Protection of Human Subjects, 45 C.F.R. § 46 (2020). https://www.ecfr.gov/cgi-bin/text-idx?SID=58d96a013d3e34979d7d98ede819e917&mc=true&node=pt45.1.46&rgn=div5
  22. 1 2 Chambliss, Daniel F.; Schutt, Russell K. (2016). Making sense of the social world: methods of investigation (Fifth ed.). Los Angeles: Sage. ISBN   9781483380612. OCLC   890179806.
  23. ↑ "Canadian Criminal Code". Canadian Criminal Code. 2015. Archived from the original on 3 April 2015. Retrieved March 13, 2015.
  24. 1 2 Hall, David S. (10 August 1998). "Consent for Sexual Behavior in a College Student Population". Electronic Journal of Human Sexuality. 1.
  25. ↑ Giaschi, Christopher (6 February 2023). "R. v. O.V.O". Supreme Court of British Columbia Justice Giaschi. She gave no particulars of how he forced, coerced, or manipulated her. At best, her evidence was that the defendant badgered her to engage in sexual activity and that she eventually relented, gave into, or agreed to such requests.
  26. 1 2 3 Roffee, James A. (2015). "When Yes Actually Means Yes". 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. pp. 72–91. doi:10.1057/9781137476159_5. ISBN   978-1-349-57052-2.
  27. 1 2 Beres. A, Melanie (18 January 2007). "'Spontaneous' Sexual Consent: An Analysis of Sexual Consent Literature". Feminism & Psychology. 17 (93): 93. doi:10.1177/0959353507072914. S2CID   143271570.<!—|access-date=28 October 2013–>
  28. ↑ Pineau, Lois (1989). "Date Rape: A Feminist Analysis". Law and Philosophy. 8 (217): 217–243. doi:10.1007/BF00160012. S2CID   144671456.
  29. ↑ 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
  30. ↑ 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.
  31. ↑ 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.
  32. ↑ Roffee, J. A. (2014). "No Consensus on Incest? Criminalisation and Compatibility with the European Convention on Human Rights". Human Rights Law Review. 14 (3): 541–572. doi:10.1093/hrlr/ngu023.
  33. ↑ Roffee, James A. (2014). "The Synthetic Necessary Truth Behind New Labour's Criminalisation of Incest". Social & Legal Studies. 23: 113–130. doi:10.1177/0964663913502068. S2CID   145292798.
  34. ↑ Roffee, James A. (2015). "When Yes Actually Means Yes". Roffee, James (2015). When Yes Actually Means Yes in Rape Justice. 72 - 91. doi:10.1057/9781137476159.0009. ISBN   9781137476159.
  35. ↑ 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.
  36. 1 2 3 4 5 6 Grinberg, E. (29 September 2014). "Enthusiastic yes in sex consent education". CNN. Retrieved March 10, 2015.
  37. ↑ Rushowy, Kristin (25 February 2015). "In Ontario sex ed, consent the hot issue". The Toronto Star. Retrieved March 10, 2015.
  38. ↑ "Opinion | Affirmative consent: A primer". Washington Post. ISSN   0190-8286 . Retrieved 2023-05-03.
  39. ↑ Sikka, Tina (May 2021). "What to do about #MeToo? Consent, autonomy, and restorative justice: A case study". Sexuality, Gender & Policy. 4 (1): 24–37. doi:10.1002/sgp2.12027. ISSN   2639-5355.
  40. 1 2 Harris, Kate Lockwood (2018-03-04). "Yes means yes and no means no, but both these mantras need to go: communication myths in consent education and anti-rape activism". Journal of Applied Communication Research. 46 (2): 155–178. doi:10.1080/00909882.2018.1435900. ISSN   0090-9882.
  41. ↑ Meadows, Agnes (December 2021). "Between desire and uncertainty: Tomorrow Sex Will be Good Again by Katherine Angel". Critical Quarterly. 63 (4): 126–131. doi:10.1111/criq.12646. ISSN   0011-1562.
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