Consent - Revision history

Robert Brockway at 23:25, 18 January 2025

2025-01-18T23:25:14Z

Robert Brockway at 03:09, 6 February 2024

2024-02-06T03:09:40Z

Robert Brockway at 13:36, 2 December 2022

2022-12-02T13:36:29Z

Robert Brockway at 13:36, 2 December 2022

2022-12-02T13:36:03Z

Robert Brockway at 13:29, 2 December 2022

2022-12-02T13:29:37Z

Robert Brockway at 14:36, 29 November 2022

2022-11-29T14:36:22Z

Robert Brockway: /* No Means No */

2022-05-29T12:52:55Z

No Means No

Robert Brockway at 12:52, 29 May 2022

2022-05-29T12:52:22Z

Robert Brockway: /* External Links */

2022-01-07T10:34:59Z

External Links

Robert Brockway: /* External Links */

2022-01-07T10:31:37Z

External Links

← Older revision		Revision as of 23:25, 18 January 2025
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	*[https://www.parliament.nsw.gov.au/researchpapers/Documents/Consent%20paper%20-%20final.pdf Discussion - Crimes Legislation Amendment (Sexual Consent Reforms) Bill 2021]		*[https://www.parliament.nsw.gov.au/researchpapers/Documents/Consent%20paper%20-%20final.pdf Discussion - Crimes Legislation Amendment (Sexual Consent Reforms) Bill 2021]

		+	{{AU}}
⚫	== References ==
		+	{{Consent}}
		+	{{Featured}}
		⚫	{{Sexual Politics}}

		⚫	== References ==
−	[[Category: Australia]]
−	[[Category: Consent]]
−	[[Category: Featured Articles]]
⚫	~~[[Category:~~ Sexual Politics]]

← Older revision		Revision as of 03:09, 6 February 2024
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		+	[[File:GFnzn1fXwAAIYMM.jpeg\|thumb\|A typical feminist discussion on consent.]]
		+
	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''. While consent laws are written in a gender-neutral manner they are always applied in a gendered manner. The focus is always on female consent with male consent ignored or presumed to always be present.		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''. While consent laws are written in a gender-neutral manner they are always applied in a gendered manner. The focus is always on female consent with male consent ignored or presumed to always be present.

← Older revision		Revision as of 13:36, 2 December 2022
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	New York state is considering introducing laws that would make it a crime to be less than fully truthful with sex partners. So a man lying about his social status or job would find himself charged as a result of having sex with a woman without consent.<ref>https://reason.com/2021/04/08/deceiving-your-sex-partner-would-be-a-crime-under-bill-backed-by-new-york-democrats/</ref>		New York state is considering introducing laws that would make it a crime to be less than fully truthful with sex partners. So a man lying about his social status or job would find himself charged as a result of having sex with a woman without consent.<ref>https://reason.com/2021/04/08/deceiving-your-sex-partner-would-be-a-crime-under-bill-backed-by-new-york-democrats/</ref>
−

	== Jurisdictions ==		== Jurisdictions ==

← Older revision		Revision as of 13:36, 2 December 2022
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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''. While consent laws are written in a gender-neutral manner they are always applied in a gendered manner. The focus is always on female consent with male consent ignored or presumed to always be present.		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''. While consent laws are written in a gender-neutral manner they are always applied in a gendered manner. The focus is always on female consent with male consent ignored or presumed to always be present.

		+	== Withdrawal of Consent ==
⚫	It is now established in law in virtually all jurisdictions that consent to sex can be withdrawn at any time.
		+
		⚫	It is now established in law in virtually all jurisdictions that consent to sex can be withdrawn at any time. This should be considered when understanding the implications of affirmative consent below.

	== No Means No ==		== No Means No ==

← Older revision		Revision as of 13:29, 2 December 2022
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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''. It is ~~now~~ ~~established~~ in ~~law~~ in ~~virtually~~ ~~all~~ ~~jurisdictions~~ ~~that~~ consent to ~~sex~~ ~~can~~ be ~~withdrawn~~ at ~~any~~ ~~time~~.	+	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''. While consent laws are written in a gender-neutral manner they are always applied in a gendered manner. The focus is always on female consent with male consent ignored or presumed to always be present.
		+
		+	It is now established in law in virtually all jurisdictions that consent to sex can be withdrawn at any time.

	== No Means No ==		== No Means No ==

← Older revision		Revision as of 14:36, 29 November 2022
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	A man could have sex with a woman and have her accuse him of rape 30 years later only to find that he has to prove she enthusiastically consented to the sex to clear his name. It's nearly impossible to prove this at the time, but would likely be impossible decades later.		A man could have sex with a woman and have her accuse him of rape 30 years later only to find that he has to prove she enthusiastically consented to the sex to clear his name. It's nearly impossible to prove this at the time, but would likely be impossible decades later.
		+
		+	== Next Steps ==
		+
		+	Feminists are now starting to argue that consent should be irrelevant and that rape should be redefined so that it can be established on the basis of power dynamics.<ref>https://www.law.ox.ac.uk/content/event/rape-redefined-catharine-mackinnon-conversation-kate-oregan</ref>

	== External Links ==		== External Links ==

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 This has been the prevailing form of consent in many societies during the modern era.  Using this standard consent is clearly withdrawn when one participant makes a clear statement or gesture (such as forcefully pulling away) which indicates consent has been withdrawn.  Continuing to engage in sexual activity after consent has been withdrawn could constitute sexual assault.  This level of consent was characterised in the western world through advertising campaigns revolving around the phrase [[Which part of no don't you understand?]].
-Notably Western courts grant a person very little time in which to cease sexual activity following withdrawal of consent.  [[Maouloud Baby]] was convicted of rape in the United States after a woman alleged that he continued sexual intercourse with her for five seconds after she withdrew consent.  Maouloud Baby was a minor at the time.  [[Kevin Ibbs]] was convicted of rape in Australia after a woman alleged that he continued sexual intercourse with her for around 30 seconds after she withdrew consent.
+Notably Western courts grant a person very little time in which to cease sexual activity following withdrawal of consent.  [[Maouloud Baby]] was convicted of rape in the United States after a woman alleged that he continued sexual intercourse with her for five seconds after she withdrew consent.  [[Maouloud Baby]] was a minor at the time.  [[Kevin Ibbs]] was convicted of rape in Australia after a woman alleged that he continued sexual intercourse with her for around 30 seconds after she withdrew consent.
 No means no is increasingly being replaced in Western nations by affirmative and enthusiastic consent, which are better characterised as ''yes means yes''.

@@ Line 88: / Line 88: @@
 On the 25th of May 2021 the New South Wales (NSW) state government announced their intention to introduce affirmative consent laws.<ref>https://www.abc.net.au/news/2021-05-25/nsw-unveils-sweeping-changes-to-sexual-assault-laws/100162870</ref>  A proposal to introduce a phone app for consent drew criticism on the basis that consent can be withdrawn at any time.<ref>https://www.mondaq.com/australia/crime/1095672/sexual-consent-law-reform-in-nsw-a-nods-as-good-as-a-wink-on-a-blind-date</ref>
-The New South Wales (NSW) Law society recommended only minor changes to the definition of consent and considered an affirmative consent definition undesirable.<ref>tinyurl.com/4pvvvzt5</ref><ref>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3432850</ref> The NSW Council for Civil Liberties raised concerns about the new laws.<ref>https://www.nswccl.org.au/affirmative_consent</ref>
+The New South Wales (NSW) Law society recommended only minor changes to the definition of consent and considered an affirmative consent definition undesirable.<ref>https://tinyurl.com/4pvvvzt5</ref><ref>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3432850</ref> The NSW Council for Civil Liberties raised concerns about the new laws.<ref>https://www.nswccl.org.au/affirmative_consent</ref>
 These legislative changes were originally proposed following the acquittal of [[Luke Lazarus]].

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 *[https://www.nhs.uk/about-the-nhs-website/professionals/healthandcareprofessionals/child-sexual-exploitation/documents/consent-information-leaflet.pdf Consent in the UK]
 *[https://www.pri.org/stories/2018-05-26/swedens-new-law-affirmative-consent-hailed-questions-remain Public Radio International talking about Sweden]
-*[https://www.parliament.nsw.gov.au/researchpapers/Documents/Consent%20paper%20-%20final.pdf Crimes Legislation Amendment (Sexual Consent
+*[https://www.parliament.nsw.gov.au/researchpapers/Documents/Consent%20paper%20-%20final.pdf Discussion - Crimes Legislation Amendment (Sexual Consent Reforms) Bill 2021]
 == References ==