Difference between revisions of "Consent"
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| + | Consent laws vary by jurisdiction and over time. Currently, there is move away from basing consent laws on a clear refusal (no means no) and toward ''affirmative consent'' or ''enthusiastic consent''. |
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| + | == Affirmative consent == |
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This means that the onus of proof shifts with the man left to prove that the women did not withdraw consent to sex - an impossible task. |
This means that the onus of proof shifts with the man left to prove that the women did not withdraw consent to sex - an impossible task. |
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Revision as of 16:41, 4 May 2020
Consent laws vary by jurisdiction and over time. Currently, there is move away from basing consent laws on a clear refusal (no means no) and toward affirmative consent or enthusiastic consent.
Affirmative consent
In the modern world consent to sex can be withdrawn at any time. In an affirmative consent or enthusiastic consent jurisdiction consent to sex can be withdrawn by a woman without notice.
This means that the onus of proof shifts with the man left to prove that the women did not withdraw consent to sex - an impossible task.
The entire discussion is about women consenting. That men might not choose to consent is generally ignored.
- Consent can be withdrawn at any time
- Tasmania is the only jurisdiction in which there is no consent in the absence of verbal or physical communication as to free agreement
- Consent-as-a-felt-sense
- Enthusiastic consent
Enthusiastic consent is really just a special case of affirmative consent.
Consent can be withdrawn at any time. In an affirmative consent jurisdiction, the only time the man knows the woman is consenting is when she affirmatively consents. If she stops affirmatively consenting, even for a short time, then he does not know if she is continuing to consent. She may have withdrawn consent in her own mind. There is no requirement to notify him that she has with withdrawn consent.
If she later claims he sexually assaulted her the onus will be on him to prove she did not withdraw consent in her own mind. How could he ever do that?
Case law has already convicted men of sexual assault for continuing sex after withdrawal of consent for 30 seconds (Western Australia) or 5-10 seconds (USA).
Men should not have sex with women in jurisdictions enforcing enthusiastic (or affirmative) consent. It's simply too dangerous.