tag:theconversation.com,2011:/us/topics/sexual-consent-33029/articlesSexual consent – The Conversation2024-03-13T18:14:25Ztag:theconversation.com,2011:article/2253172024-03-13T18:14:25Z2024-03-13T18:14:25ZAffirmative consent campaign calls for sexual assault law change in England and Wales – but this approach has pitfalls, too<figure><img src="https://images.theconversation.com/files/581631/original/file-20240313-16-q6m6i8.jpg?ixlib=rb-1.1.0&rect=23%2C11%2C7898%2C5273&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/couple-love-forehead-touch-home-happiness-2308801921">PeopleImages.com - Yuri A/Shutterstock</a></span></figcaption></figure><p>A <a href="https://www.cosmopolitan.com/uk/reports/a60073018/affirmative-consent-campaign/">new campaign</a> by non-profit Right to Equality, in partnership with creative agency CPB London and actress and comedian Emily Atack, has called for the adoption of affirmative consent as a legal standard in England and Wales.</p>
<p>The campaign’s use of the slogan “I’m asking for it” received widespread criticism. It was <a href="https://www.independent.co.uk/voices/im-asking-for-it-campaign-sexual-assualt-rape-b2508105.html">labelled offensive</a> by survivors of sexual violence, who pointed to the use of the phrase to blame women for their own sexual assault. </p>
<p>This has resulted in some <a href="https://twitter.com/Right2Equality/status/1765733530703929515">re-messaging</a>. Right to Equality has released further promotional images with different slogans, such as “only yes means yes”. </p>
<p>But the campaign’s aim remains the same: to <a href="https://www.standard.co.uk/news/uk/consent-sex-rape-law-im-asking-for-it-sexual-activity-b1143022.html">change the law</a> so that consent must be given through clear words or actions indicating permission to engage in sexual activity. In short, this change would aim to make a “yes” the proof of consent, rather than the absence of a “no”. </p>
<p>However, there are different approaches to affirmative consent in law, and they are not without their own issues. These can include focusing attention on the actions of complainants and overlooking the pressures that could lead to a token “yes”. A better option might be to shift focus on to whether those accused in cases of sexual assault sought consent. </p>
<h2>The current law</h2>
<p>Current law in England and Wales <a href="https://www.legislation.gov.uk/ukpga/2003/42/section/74">defines consent</a> as agreement by choice, where the person has the freedom and capacity to make a choice. A person will be guilty of a sexual offence where the complainant did not consent and the accused did not reasonably believe they consented. In determining whether the accused’s belief was <a href="https://www.legislation.gov.uk/ukpga/2003/42/section/1">“reasonable”</a>, attention can be paid to whether the accused took any steps to find out if the complainant consented.</p>
<p>But the law has been <a href="https://www.cosmopolitan.com/uk/reports/a60073018/affirmative-consent-campaign/">criticised</a> for placing responsibility on the complainant to deny consent. The assumption may be that consent is given unless someone gives clear signs, either <a href="https://nilq.qub.ac.uk/index.php/nilq/issue73AD1-article6">verbally or physically</a>, that they do not consent to the encounter. This could be saying “no”, or pushing the other person away.</p>
<p>A recent <a href="https://www.theguardian.com/law/2024/mar/11/cps-lawyers-in-england-and-wales-trivialise-teen-sexual-abuse-report-says">research report</a> from the <a href="https://wrap.warwick.ac.uk/183258/">University of Warwick</a> has found that the treatment of rape cases by the Crown Prosecution Service includes victim-blaming language and a focus on the credibility of complainants ahead of the behaviour of suspects. </p>
<p>And the application of the law in this area is complicated by rape myths. A <a href="https://www.cps.gov.uk/publication/cps-and-equally-ours-research-public-understanding-rape-and-serious-sexual-offences">2024 study</a> by the Crown Prosecution Service itself found that one of the most common public perceptions of rape is that it involves physical violence and is committed by a stranger. </p>
<p><a href="https://caraessex.org.uk/mythsaboutsexualviolence.php">In reality</a>, around 90% of sexual violence is committed by someone known to the complainant. Only half of the <a href="https://www.endviolenceagainstwomen.org.uk/new-research-finds-rape-myths-still-deeply-rooted-across-society/">18-24-year-olds</a> in the study thought that an encounter can still be rape if the victim doesn’t resist or fight back. </p>
<h2>Positives – and pitfalls</h2>
<p>Affirmative models of consent emphasise communication. They may require active signals of agreement before an encounter is considered consensual. </p>
<p>The Right to Equality campaign <a href="https://righttoequality.org/campaign/affirmative-consent/">defines affirmative consent</a> as “an active, voluntary, and mutual decision … given through clear words or actions”. It states that consent should be “clear and enthusiastic”, rather than simply the absence of a “no”, and that this consent “can be withdrawn at any time, and cannot be obtained by expressed or implied force, threats, or coercion”.</p>
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<p>Legal systems elsewhere in the world include aspects of affirmative consent. In <a href="https://law.justia.com/codes/california/2022/code-pen/part-1/title-9/chapter-1/section-261-6/">California</a>, for example, consent is defined as “positive cooperation in act or attitude pursuant to an exercise of free will”. In <a href="https://www.thejournal.ie/iceland-consent-3943673-Apr2018/">Iceland</a>, it is defined as having been “expressed by free will”, and in <a href="https://www.amnesty.org/en/latest/news/2018/05/how-activists-got-sweden-to-recognise-that-sex-without-consent-is-rape/">Sweden</a> as “voluntary participation”.</p>
<p>Under these definitions, consent is performative rather than a state of mind. There must be active signals of agreement before an encounter is considered consensual. This means that if someone is accused of sexual assault, their ability to argue that they believed the complainant consented on the basis of a lack of refusal is limited.</p>
<p>However, there is <a href="https://pure.qub.ac.uk/en/publications/rethinking-affirmative-approaches-to-consent-a-step-in-the-right-">a danger</a> that such formulations may unwittingly place attention back on the actions of the complainant – to attempt to prove that certain words or actions by the complainant meant “yes”.</p>
<p>What’s more, a <a href="https://onlinelibrary.wiley.com/doi/10.1363/psrh.12041">range of pressures</a> may lead someone to give a token “yes”, and this may be uncritically accepted by a jury.</p>
<h2>A different approach</h2>
<p>Another approach to affirmative consent is to change how the law frames the actions of the accused. </p>
<p>In Northern Ireland in 2019, conversations on reforming consent formed part of the <a href="https://www.justice-ni.gov.uk/publications/gillen-review-report-law-and-procedures-serious-sexual-offences-ni">Gillen Review</a> into sexual offences.</p>
<p>The review did not recommend reforming the legislative definition of consent. But it recommended changing what constitutes a reasonable belief in consent so that a jury is asked to consider whether the defendant failed to take steps to find out if the complainant consented.</p>
<p>This means that instead of placing responsibility on the complainant to give affirmative consent, attention is on whether the defendant sought consent.</p>
<p><a href="https://journaloflawandsociety.co.uk/blog/reforming-the-law-on-reasonable-belief-in-consent-lessons-from-rape-reform-in-northern-ireland/">I believe</a>, based on my research on sexual violence in Northern Ireland, that this proposal has the potential to shift narratives of responsibility in rape trials.</p>
<p>Focusing on a failure to obtain consent provides the prosecution with the opportunity to question the accused on instances during the encounter where further enquiries into consent could have been expected, and, where the accused failed to do so, to ask them to account for this failure. </p>
<p>To harness the potential of this recommendation, however, <a href="https://journaloflawandsociety.co.uk/blog/reforming-the-law-on-reasonable-belief-in-consent-lessons-from-rape-reform-in-northern-ireland/">my interview data</a> suggests that we need more conversations about consent so that communication, in its various forms, is viewed as a normal and natural part of healthy sexual relations.</p><img src="https://counter.theconversation.com/content/225317/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Eithne Dowds received funding from the Socio-Legal Studies Association in 2019 to conduct some of the research that forms the basis of this article. </span></em></p>Affirmative consent involves a ‘yes’ rather than the absence of a ‘no’.Eithne Dowds, Senior Lecturer in Law, Queen's University BelfastLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2143772023-11-13T19:46:28Z2023-11-13T19:46:28ZAndrea Dworkin’s Intercourse: the raw, radical critique of male power resonating with Gen Z feminists today<figure><img src="https://images.theconversation.com/files/556762/original/file-20231031-21-ryjyad.png?ixlib=rb-1.1.0&rect=29%2C0%2C3898%2C1994&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">snap_rsg/Shutterstock; Goodreads; Colin McPherson/Corbis via Getty Images.</span></span></figcaption></figure><p>When Andrea Dworkin’s <a href="https://www.goodreads.com/en/book/show/163265">Intercourse</a> hit the bookshops in 1987, it was extolled by Germaine Greer as the “most shocking book any feminist has yet written”. </p>
<p>“Shocking” turned out to be an understatement. </p>
<p>Britain’s Sunday Times described Intercourse as a “crazed” work of “sheer, raving lunacy”. The Wall Street Journal called it “apoplectic”. The Nation caricatured it as a “hate-mongering tantrum […] shackled like an S/M bondage slave to a primitive abhorrence of men”. </p>
<p>The London Review of Books <a href="https://www.lrb.co.uk/the-paper/v09/n12/roy-porter/signor-cock">went one step further</a>. Its reviewer attacked Dworkin as an “androcidal” man-hater who was “overweight and ugly” – and, therefore, “can’t be getting enough of it” – before attempting to pass off this misogyny as a joke. </p>
<p>Even the New York Times – published a stone’s throw from Dworkin’s home in Brooklyn – mocked her in a review so withering she responded in a letter to the editor. “I despair of being treated with respect,” she wrote, “let alone fairly, in your pages.”</p>
<p>Looking back, the hysteria attending the book’s reception reveals far more about the trenchant sexism of 1980s society, than it does about Dworkin or her work.</p>
<p>In a preface written nine years later, Dworkin said the book </p>
<blockquote>
<p>became – socially speaking – a Rorschach inkblot in which people saw their fantasy caricatures of me and what they presumed to know about me. </p>
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<p>The book’s most important themes were all but lost in the reductive framing of Dworkin as “anti-sex” and “anti-men”. </p>
<p>Among those themes was the idea that under patriarchy, sexuality is always experienced as a gendered activity and is always about power. And the idea that – in any society – sexual consent should mean more than just compliance.</p>
<p>It’s a point not lost on a new generation of Gen Z feminists, among whom Dworkin’s work appears to be having a small resurgence.</p>
<p>Dworkin died in 2005, aged just 58. Chanel Contos, the Australian activist behind the Teach Us Consent campaign, draws directly on her ideas in her new book <a href="https://www.goodreads.com/book/show/174992245-consent-laid-bare?ref=nav_sb_ss_1_17">Consent Laid Bare: Sex entitlement and the distortion of desire</a>. </p>
<p>“I think it’s a shame that Dworkin fell out of fashion,” Contos recently <a href="https://www.theguardian.com/society/2023/sep/16/consent-laid-bare-chanel-contos-interview">told The Guardian</a>.</p>
<p>There’s a string of <a href="https://www.tiktok.com/@tawdrylorde/video/7186435634591059242?q=andrea%20dworkin&t=1697057443800">Dworkin videos</a>, meanwhile, on <a href="https://www.tiktok.com/@f0restentity/video/7101281304955718918?q=radfem%20dworkin&t=1697058988391">TikTok</a>. PDFs of her out-of-print books – including <a href="https://www.goodreads.com/book/show/209333.Woman_Hating?ref=nav_sb_ss_1_12">Woman Hating</a> and <a href="https://www.goodreads.com/book/show/377163.Right_Wing_Women?from_search=true&from_srp=true&qid=AGWNFDvBnT&rank=1">Right Wing Women</a> – circulate freely on sites across the internet. </p>
<p>And unlike feminists of my own generation – for whom Dworkin was, as writer <a href="https://www.bookforum.com/print/2505/the-return-of-andrea-dworkin-s-radical-vision-20623">Moira Donnegan once said</a>, “more read about than read” – it’s clear these Gen Z and younger millennial radfems have actually read the texts. </p>
<h2>Writing without apology</h2>
<p>The furore that marked the publication of Intercourse was perhaps more astonishing considering the book comprises – for the most part – an extended analysis of the works of canonical writers including Leo Tolstoy, Gustave Flaubert, Bram Stoker, Tennessee Williams, and James Baldwin, along with the 12th century Jewish philosopher <a href="https://www.britannica.com/biography/Moses-Maimonides">Maimonides</a>, and the 4th century Christian bishop St Augustine. </p>
<p>And yet, it is anything but tame.</p>
<p>The first thing the reader encounters is the extraordinary energy of Dworkin’s voice. Her spiralling style of argument, as she puts it, mimics a descent into Dante’s fabled “inferno”, leaving few areas of her subject matter unscorched. </p>
<p>Dworkin writes,</p>
<blockquote>
<p>Men often react to women’s words – speaking and writing – as if they were acts of violence; sometimes men react to women’s words with violence. So we lower our voices. Women whisper. Women apologise. Women shut up. Women trivialise what we know. Women shrink. Women pull back.</p>
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<p>Dworkin did not hold back; she wrote “without apology”. </p>
<p>In a world almost wholly taken up with appearances, she turned up for television interviews just as she was – she didn’t do makeup or manicures or hairstyles or go on kilo-shedding diets or wear edgy or flattering clothes. And this was bizarrely terrifying for some. </p>
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<a href="https://images.theconversation.com/files/558216/original/file-20231108-21-wq1nf.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A head shot of Dworkin wearing a yellow jacket." src="https://images.theconversation.com/files/558216/original/file-20231108-21-wq1nf.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/558216/original/file-20231108-21-wq1nf.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=528&fit=crop&dpr=1 600w, https://images.theconversation.com/files/558216/original/file-20231108-21-wq1nf.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=528&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/558216/original/file-20231108-21-wq1nf.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=528&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/558216/original/file-20231108-21-wq1nf.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=663&fit=crop&dpr=1 754w, https://images.theconversation.com/files/558216/original/file-20231108-21-wq1nf.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=663&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/558216/original/file-20231108-21-wq1nf.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=663&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption">Andrea Dworkin appears on TV in May 1988.</span>
<span class="attribution"><a class="source" href="https://commons.wikimedia.org/w/index.php?search=Andrea+Dworkin&title=Special:MediaSearch&go=Go&type=image">Wikimedia Commons</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span>
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</figure>
<p>Dworkin was also revolutionary in the way she drew publicly, explicitly, and repeatedly on her lived experience of rape, domestic violence, and sex work. </p>
<p>Born in New Jersey, she graduated from Bennington College before travelling to Amsterdam to write about a group of Dutch anarchists. She married one of them. Soon afterwards, Dworkin’s husband began to abuse and humiliate her. He <a href="https://www.latimes.com/archives/la-xpm-1989-03-12-op-762-story.html">burnt her with cigarettes</a>, beat her legs with wooden sticks, and slammed her head against the floor. </p>
<p>After she left, he stalked her from city to city, <a href="https://archive.org/details/lifedeath00andr/mode/2up">making threats</a>. Around this time, Dworkin turned to sex work to support herself. Eventually, she secured a ticket home by offering to work as a drug mule. She also started to write, returning to the US with the manuscript of her first first book, Woman Hating, published in 1974. </p>
<p>In 1965, as a college “freshman”, Dworkin had been arrested at an anti-Vietnam rally and subjected to a brutal internal examination in the notorious New York Women’s House of Detention that <a href="https://www.nytimes.com/1965/03/06/archives/inquiry-ordered-at-womens-jail-mrs-kross-acts-in-case-of-a.html">left her bleeding for weeks</a>. Decades later, in an essay published in the New Statesman, Dworkin wrote of being <a href="https://www.newstatesman.com/politics/feminism/2013/03/day-i-was-drugged-and-raped">drugged and raped</a> in a Paris hotel room in 1999.</p>
<p>The rawness of these accounts may well be what speaks to Gen Z feminists who entered adulthood at the height of the #MeToo movement, at a time when women’s personal testimony of sexual and domestic abuse featured in the media in staggering abundance, and harrowing detail. </p>
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Read more:
<a href="https://theconversation.com/is-the-metoo-era-a-reckoning-a-revolution-or-something-else-176565">Is the #MeToo era a reckoning, a revolution, or something else?</a>
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<h2>Pornography</h2>
<p>Even Dworkin’s divisive views on pornography seem more relevant to the cultural dilemmas of the 21st century. This is an era in which “male supremacists” and “incels” flourish on 4chan and Reddit, “rape culture” is once again an object of feminist concern, and pornography, much of it expressing <a href="https://www.theguardian.com/commentisfree/2020/dec/16/pornhub-untold-damage-pain">contempt for – or actual hatred of – women</a>, constitutes <a href="https://www.bbc.com/news/business-48283409">a vast amount </a> of global internet traffic. </p>
<p>Many Gen Z feminists argue radical misogyny demands a radical response. But back in 1987, pornography looked like a marginal issue. And Dworkin’s preoccupation with it seemed strange. </p>
<p>In the 1980s, the rise of “New Right” conservativism and neoliberalism (advocated by Ronald Reagan and Margaret Thatcher) threatened the real political and economic gains made by Women’s Liberation in the 1970s. Dworkin’s work is frequently blamed for splitting the feminist movement into “pro-sex” and “anti-sex” camps at the exact moment the movement came under attack. </p>
<p>And yet, no other feminist of this era could rally a crowd like Dworkin could. Her “Take Back the Night” speeches – such as “The Night and Danger” delivered at the 1978 San Francisco march and later in <a href="https://archive.org/details/pra-KZ4064">Los Angeles</a> – are works of spectacular oratory.</p>
<p>But some activists never forgave Dworkin for the strange alliances she built around her anti-pornography campaign, including – at one stage – allying herself with the conservative mayor of Indianapolis to ensure the passage of an <a href="https://en.wikipedia.org/wiki/Antipornography_Civil_Rights_Ordinance">anti-pornography ordinance</a>.</p>
<p>The ordinance was partly inspired by Dworkin’s support for actor Linda Lovelace, who reported being raped and abused during <a href="https://www.lemonde.fr/en/summer-reads/article/2022/08/01/6-6-how-the-case-of-deep-throat-actress-linda-lovelace-divided-feminists_5992092_183.html">the making of the pornographic film Deep Throat</a>. The ordinance was designed to allow women harmed by pornography to sue for civil damages, but was widely construed as an act of censorship, and effectively struck down by the US Supreme Court. </p>
<p>As Dworkin’s friend Michael Moorcroft observed in an article published in the London Telegraph after the publication of Intercourse, the most trenchant attacks on Dworkin came from the Left, including feminists.</p>
<h2>Sexual intercourse as an institution</h2>
<p>It is a characteristic of Dworkin’s writing that she doesn’t attempt to argue, explain, or defend her ideas. She simply amplifies her points by piling up examples, with ever increasing intensity. This lack of explication – together with her fondness for inventive imagery, rhetorical flourish and drama – makes her work easy to misread or deliberately distort. </p>
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<a href="https://images.theconversation.com/files/558219/original/file-20231108-29-umy0hf.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="Cover of The Kreutzer Sonata" src="https://images.theconversation.com/files/558219/original/file-20231108-29-umy0hf.png?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/558219/original/file-20231108-29-umy0hf.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=926&fit=crop&dpr=1 600w, https://images.theconversation.com/files/558219/original/file-20231108-29-umy0hf.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=926&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/558219/original/file-20231108-29-umy0hf.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=926&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/558219/original/file-20231108-29-umy0hf.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1164&fit=crop&dpr=1 754w, https://images.theconversation.com/files/558219/original/file-20231108-29-umy0hf.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1164&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/558219/original/file-20231108-29-umy0hf.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1164&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="attribution"><a class="source" href="https://www.goodreads.com/book/show/141077.The_Kreutzer_Sonata?from_search=true&from_srp=true&qid=anTBwm9Ubp&rank=1">Goodreads</a></span>
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<p>Intercourse opens with an analysis of Tolstoy’s <a href="https://www.goodreads.com/book/show/141077.The_Kreutzer_Sonata?from_search=true&from_srp=true&qid=anTBwm9Ubp&rank=1">The Kreutzer Sonata</a>, a novella about a man who murders his wife, is acquitted in a court of law, then recounts his rationale for the murder to a group of strangers on a train. </p>
<p>Dworkin describes Tolstoy’s work as “dense, passionate, artful, crazed with misogyny and insight”. And yet, her reading might be too charitable for some.
What Dworkin seeks to analyse is the way Tolstoy does not locate women’s inequality in the alleged horror of women’s bodies – a stereotypical trope that features in much western literature. Still less, in women’s lack of access to education, legal or property rights. Instead, he locates it in the act of sexual intercourse itself. </p>
<p>Sex – in the strange world of The Kreutzer Sonata – is constructed as a “depraved” practice through which men perpetuate women’s inferiority and women fuel men’s anger, turning them into exploiters. Dworkin writes, </p>
<blockquote>
<p>The woman appears to control sex. The man needs it. This causes his rage at her perceived power over him.</p>
</blockquote>
<p>Moral culpability is oddly distributed in Tolstoy’s novella. Although Tolstoy’s protagonist feels a measure of remorse for the murder of his wife it is only because he comes to believe that sex had made his wife’s humanity invisible to him; sex had debased him. Tolstoy’s story turns on a masochistic dynamic in which women are blamed for men’s debasement.</p>
<p>Tolstoy’s solution – ironically, for a father of 13 children – is that men and women should not have sex.</p>
<p>Although Dworkin reads the novella against Tolstoy’s real world marriage to Sophia Tolstoy – even recounting his diarised descriptions of sex with his wife as “loathsome, as after a crime” – Dworkin is not interested in Tolstoy’s personal psychology but in his social analysis of sexual intercourse as an institution.</p>
<p>In Tolstoy’s novella, the act of sexual intercourse – full of “hate and horror of woman as such” – allegedly makes the killing “fated”. And the protagonist’s recognition of his wife as human in the aftermath of the murder, allegedly makes the novella – for Dworkin, at least – “sad and tragic”. </p>
<p>Dworkin concedes “this ethos is not contemporary”. But then she surprises the unsuspecting reader by announcing this is because in the modern, patriarchal world hetero-normative sexuality is constructed as wholly violent as it no longer “risks an aftermath of compassion”. </p>
<p>She turns to writers such as Tennessee Williams and James Baldwin to amplify these insights, elaborating the ways in which, for example, Williams’ character Stanley Kowalski in A Streetcar Named Desire rapes his sister-in-law Blanche without being able to recognise his behaviour as rape. </p>
<p>The crime destroys Blanche but leaves Stanley’s character “virtually untouched”.</p>
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<strong>
Read more:
<a href="https://theconversation.com/thanksfortyping-the-women-behind-famous-male-writers-75770">#ThanksforTyping: the women behind famous male writers</a>
</strong>
</em>
</p>
<hr>
<h2>Prisoners of sex?</h2>
<p>Dworkin is also particularly scathing of fictional worlds in which female characters seek liberation through sexual desire. Flaubert’s Madam Bovary – a novel about a provincial housewife who embarks on two extramarital affairs – is cited as the first modern novel not because of its formal aesthetic properties but because it heralded a new cultural attitude. Dworkin writes, </p>
<blockquote>
<p>Female freedom is defined strictly in terms of committing forbidden sexual acts. Female heroism is in getting fucked and wanting it. </p>
</blockquote>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/558221/original/file-20231108-15-km35io.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="The cover of Madame Bovary." src="https://images.theconversation.com/files/558221/original/file-20231108-15-km35io.png?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/558221/original/file-20231108-15-km35io.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=976&fit=crop&dpr=1 600w, https://images.theconversation.com/files/558221/original/file-20231108-15-km35io.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=976&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/558221/original/file-20231108-15-km35io.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=976&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/558221/original/file-20231108-15-km35io.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1227&fit=crop&dpr=1 754w, https://images.theconversation.com/files/558221/original/file-20231108-15-km35io.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1227&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/558221/original/file-20231108-15-km35io.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1227&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption"></span>
<span class="attribution"><span class="source">Goodreads</span></span>
</figcaption>
</figure>
<p>Dworkin labels this attitude the “new virginity” – a kind of “virginity” that survives both marriage and childbirth, as these things do not necessarily include being “awakened by the adventure of male sexual domination”, defined by Dworkin as perpetual “combat on the world’s tiniest battlefield”.</p>
<p>According to Dworkin, disguising hetero-normative sex as freedom effectively makes women prisoners of sex. Emma Bovary’s pursuit of this alleged freedom taught her to collaborate with domination, not break free of it. Dworkin writes,</p>
<blockquote>
<p>It took Freud to call the refusal to fight on that little battlefield ‘repression’ and to name the ambition to fight on the large one ‘penis envy’. The cell door closed behind us, and the key turned in the lock.</p>
</blockquote>
<h2>An imbalance of power</h2>
<p>Critics didn’t just disagree with Dworkin; they actually hated her. </p>
<p>They took every opportunity to conflate Dworkin’s distinction between the social construction of male power and actual men. And between the idea of sexual intercourse as a social or ideological institution and a person’s individual experience of it.</p>
<p>The book was relentlessly read to mean “all sex is rape”, which is not something Dworkin ever said, and repeatedly denied, including in the text of Intercourse. As she told the <a href="http://www.nostatusquo.com/ACLU/dworkin/MoorcockInterview.html">New Statesmen in 1995</a>,</p>
<blockquote>
<p>[…] Since the paradigm for sex has been one of conquest, possession, and violation, I think many men believe they need an unfair advantage, which at its extreme would be called rape. I don’t think they need it. I think both intercourse and sexual pleasure can and will survive equality.</p>
</blockquote>
<p>Her book Intercourse attempts to show the way in which society thinks, writes about, represents and, practices, sexual intercourse eroticises an imbalance of power. Dworkin’s central argument is that the practice of intercourse – in an unequal or patriarchal society – makes contempt for women sexy. </p>
<p>She writes,</p>
<blockquote>
<p>when intercourse exists and is experienced under conditions of force, fear, or inequality, it destroys in women the will to political freedom; it destroys the love of freedom itself. We become female: occupied […]</p>
</blockquote>
<p>In Intercourse, Dworkin sets out to expose the power dynamics that underpin sexual relationships. She does this in order to change them. In this sense, the book might be best understood as an attempt to create a new sexual ethics.</p>
<p>In the 1990s, Dworkin was among the handful of feminists to <a href="https://www.theguardian.com/world/1998/jan/29/gender.uk">publicly call out</a> former US president Bill Clinton for preying on 22-year-old White House intern Monica Lewinsky. “People are characterising this as a sexual scandal,” said Dworkin, “but it’s an abuse-of-power scandal.” </p>
<p>Post #MeToo, the correctness of Dworkin’s analysis is glaring. In fact, many of Dworkin’s ideas – such as affirmative consent – no longer look radical. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/558222/original/file-20231108-29-nr1728.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A woman carrying a banner reading 'Consent is Sexy'." src="https://images.theconversation.com/files/558222/original/file-20231108-29-nr1728.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/558222/original/file-20231108-29-nr1728.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/558222/original/file-20231108-29-nr1728.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/558222/original/file-20231108-29-nr1728.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/558222/original/file-20231108-29-nr1728.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/558222/original/file-20231108-29-nr1728.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/558222/original/file-20231108-29-nr1728.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Post MeToo, Dworkin’s arguments re consent feel prescient.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/amsterdam-netherlands-march-8-2020-woman-1667271613">ElenaBaryshnikova/Shutterstock</a></span>
</figcaption>
</figure>
<p>What critics also miss in discussions of Dworkin’s work is there is always a vision in her books that society – and, indeed, sexual intercourse – could be otherwise. There is a clear recognition of sex and tenderness as a human need, and of sex as an act in which </p>
<blockquote>
<p>the deepest emotions one has about life as a whole are expressed, even with a stranger, however random or impersonal […]</p>
</blockquote>
<p>In Intercourse there is an almost utopian aspect to her treatment of sexual intimacy as a relationship in which there might be </p>
<blockquote>
<p>no physical distance, no self-consciousness, nothing withdrawn or private or alienated, no existence outside physical touch. The skin collapses as a boundary — it has no meaning; time is gone – […]</p>
</blockquote>
<p>Even strident critics such as writer Laura Kipnis <a href="https://laurakipnis.com/wp-content/uploads/2015/02/Lust-and-Disgust-Harpers-2007-09-.pdf">acknowledge</a> Dworkin was a “great philosopher of the bedroom”.</p>
<h2>A cultural provocateur</h2>
<p>Gen Z appear to be quite open about owning who they are and insist on being recognised accurately as such by society, a sentiment which is conspicuous, for example, in their widespread adoption of correct pronouns. They also care a lot about inclusivity. </p>
<p>Part of Dworkin’s appeal for Gen Z radfems may well be that she was non-binary, trans-inclusive, and ahead of her time in calling for reforms such as <a href="https://www.tiktok.com/@videodromes/video/7100330906132696366?q=dworkin%20trans&t=1697059310481">access to gender affirming care</a>. Or, as Gen Z would put it, she wasn’t a <a href="https://www.merriam-webster.com/dictionary/TERF">TERF</a> (Trans Exclusionary Radical Feminist), although she was a bit of a SWERF (Sex Worker Exclusionary Radical Feminist). </p>
<p>Dworkin was also quick to understand the racist application of sexual assault laws, and to call out the criminalisation and mass incarceration of African American men. As she told the “Take Back the Night” rally in Los Angeles,</p>
<blockquote>
<p>In the United States, with its distinctly racist character, the very fear of the dark is manipulated, often subliminally, into fear of black, of black men in particular, so that the traditional association between rape and black men that is our national heritage is fortified […] Night, the time of sex, becomes also the time of race — racial fear and racial hatred.</p>
</blockquote>
<p>Dworkin was a cultural provocateur; a one-woman event; a feminist intellectual who, in her own time, was mostly just famous for being herself.</p>
<p>Words were part of her arsenal, and linguistic excess was a deliberate political strategy. Her books don’t follow the familiar rules of explication and argument. Instead, they challenge the reader to reflect, to question, to rethink accustomed habits of thought. This is a necessarily uncomfortable process. </p>
<p>It is well past time for a revaluation of her legacy.</p><img src="https://counter.theconversation.com/content/214377/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Camilla Nelson does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>In Intercourse, Andrea Dworkin set out to expose the power dynamics underpinning sexual relationships. Her book was pilloried in the 1980s, but many of her ideas no longer look so radical.Camilla Nelson, Associate Professor in Media and Journalism, University of Notre Dame AustraliaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2056312023-05-29T21:09:55Z2023-05-29T21:09:55ZFocusing on consent ignores better ways of preventing sexual violence<figure><img src="https://images.theconversation.com/files/527080/original/file-20230518-23-6vx4uf.jpg?ixlib=rb-1.1.0&rect=25%2C25%2C5734%2C3808&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Consent is too low a standard for promoting ethical sex — even if it may be the best available legal standard.</span> <span class="attribution"><span class="source">(Shutterstock)</span></span></figcaption></figure><p>In early May, <a href="https://www.nbcnews.com/politics/donald-trump/jury-reaches-verdict-e-jean-carroll-rape-defamation-case-trump-rcna82778">a New York jury found Donald Trump liable for sexually abusing the writer E. Jean Carroll in 1996</a>. The jury did not find him liable for allegedly raping her. </p>
<p>In the wake of this high-profile case, and the many others of the <a href="https://www.cbc.ca/news/entertainment/me-too-sexual-assault-harvey-weinstein-1.6633811">#MeToo movement</a>, what should we be doing to prevent sexual violence and promote equitable sex? So far, consent is getting too much of the spotlight. Schools, universities and popular media are focusing heavily on consent in their efforts to curb <a href="https://www150.statcan.gc.ca/n1/pub/85-002-x/2020001/article/00005-eng.htm">high rates of sexual violence</a>.</p>
<p>Many advocates and educators have recently shifted their messaging from <a href="https://www.cfs-fcee.ca/campaigns/sexualized-violence">“no means no”</a> to “yes means yes” and <a href="https://doi.org/10.1080/07448481.2018.1515746">“consent is sexy.”</a> This messaging promotes voluntary and affirmative agreement. That is, the idea that silence does not mean consent. </p>
<p>Regardless, consent is much <a href="https://doi.org/10.1177/1363460717708151">too low a standard</a> for promoting ethical sex — even if it <em>may</em> be the <a href="https://doi.org/10.2307/j.ctv9zchhg">best available legal standard</a>. And focusing on consent limits our ability to create better approaches to dealing with sexual violence. </p>
<h2>It’s time to stop focusing on consent</h2>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/527069/original/file-20230518-28487-q1aef2.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A graphic of a woman's silhouette with the words: No means no." src="https://images.theconversation.com/files/527069/original/file-20230518-28487-q1aef2.png?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/527069/original/file-20230518-28487-q1aef2.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=668&fit=crop&dpr=1 600w, https://images.theconversation.com/files/527069/original/file-20230518-28487-q1aef2.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=668&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/527069/original/file-20230518-28487-q1aef2.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=668&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/527069/original/file-20230518-28487-q1aef2.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=840&fit=crop&dpr=1 754w, https://images.theconversation.com/files/527069/original/file-20230518-28487-q1aef2.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=840&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/527069/original/file-20230518-28487-q1aef2.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=840&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Messaging that focuses on consent does not always prevent sexual violence and can take focus away from more effective strategies.</span>
<span class="attribution"><span class="source">(Shutterstock)</span></span>
</figcaption>
</figure>
<p>Sexual violence is the use of verbal pressure or physical violence to engage in any sexual activity with someone who is unwilling or hasn’t consented. It is <a href="https://www150.statcan.gc.ca/n1/pub/85-002-x/2017001/article/14842-eng.htm">most often committed by men against women and other marginalized groups</a> and is supported by societal stereotypes about gender and sexuality. </p>
<p>As part of my research over the past decade, I have interviewed women who were victimized and men who perpetrated sexual violence. I have also conducted focus groups with men about heterosexual sex and dating. My <a href="https://doi.org/10.1177/13634607221096760">critique of consent</a> is based on this and other research. </p>
<p>Here are five reasons we should stop focusing on consent and start thinking about more ethical values and norms.</p>
<p>1) <strong>Consensual sex is not always wanted, pleasurable or free from coercion.</strong> </p>
<p>People can consent to sex they don’t want or enjoy. Women often agree to sex they don’t want to <a href="https://doi.org/10.1177/1077801216652507">avoid hurting a partner’s feelings</a>, <a href="https://doi.org/10.1111/1471-6402.t01-1-00075">to maintain a relationship</a> or <a href="https://doi.org/10.1080/00224490802398381">to be seen as a good partner</a>. </p>
<p>People can also obtain consent by pressuring or coercing someone. Men are more likely than women to use violence and coercion in order to <a href="https://doi.org/10.1363/psrh.12041">obtain someone’s consent</a>, often after they’ve gently declined.</p>
<p>Messaging about consent like “no means no” and “yes means yes” implies that it’s okay to continue trying if one’s partner hasn’t clearly said “yes” or “no.”</p>
<p>2) <strong>Teaching people how to give and understand consent isn’t going to prevent sexual violence because sexual violence isn’t usually about misunderstanding.</strong> </p>
<p>There’s little to no evidence that education about consent reduces sexual violence. <a href="https://doi.org/10.1007/s11199-019-01110-3">Most men already understand</a> when women don’t want to have sex, even without a firm “no.” And knowing how to ask for consent isn’t going to stop those who choose to ignore refusals or use violence. In the context of men’s sexual violence against women, consent doesn’t change men’s feelings of entitlement to sex and women’s bodies. </p>
<p>In the words of <a href="https://doi.org/10.1177/1077801216652507">one woman I interviewed who was victimized</a>: </p>
<blockquote>
<p>“He didn’t necessarily…force himself upon me, but…he knew that there wasn’t really consent. Like I gave it, but not really fully.” </p>
</blockquote>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/527070/original/file-20230518-29-f4pdz5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A white poster with the words: always ask, consent is sexy." src="https://images.theconversation.com/files/527070/original/file-20230518-29-f4pdz5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/527070/original/file-20230518-29-f4pdz5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=414&fit=crop&dpr=1 600w, https://images.theconversation.com/files/527070/original/file-20230518-29-f4pdz5.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=414&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/527070/original/file-20230518-29-f4pdz5.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=414&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/527070/original/file-20230518-29-f4pdz5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=520&fit=crop&dpr=1 754w, https://images.theconversation.com/files/527070/original/file-20230518-29-f4pdz5.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=520&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/527070/original/file-20230518-29-f4pdz5.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=520&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Knowing how to ask for consent isn’t going to stop those who choose to ignore refusals or use violence.</span>
<span class="attribution"><span class="source">(Shutterstock)</span></span>
</figcaption>
</figure>
<p>3) <strong>Consent doesn’t require meaningful, collaborative decision-making between partners.</strong> </p>
<p>Consent boils down to one partner’s agreement in response to another’s request. It is insufficient for promoting deeper collaboration in deciding whether and how sex will take place. In the case of sex between women and men, this usually means that men’s desires are prioritized. Consent is also something you do <em>before</em> sex, rather than an ongoing and embedded <em>part</em> of sex. </p>
<p>4) <strong>Consent doesn’t disrupt the stereotypes that support sexual violence.</strong> </p>
<p>For example, false stereotypes suggest men can’t control their sex drives. Some men <a href="https://doi.org/10.1080/10926771.2018.1500406">use these stereotypes</a> to claim it’s not right or fair for their partners to change their minds or stop sex once started or consented to.</p>
<p>The expectation that sex should be natural and spontaneous can make it <a href="https://doi.org/10.1111/j.1939-3938.2011.01108.x">difficult for women to stop unwanted sex</a>. It also means that <a href="https://theconversation.com/talking-about-sex-is-awkward-so-how-can-teenagers-just-ask-for-consent-104428">many young people</a> view consent as <a href="https://doi.org/10.1007/s11199-019-01110-3">disruptive to this “natural” progression</a>.</p>
<p>5) <strong>Consent can be used as an excuse for sexual violence.</strong> </p>
<p>It allows perpetrators to justify sexual violence because they can claim the victim gave unclear responses. Popular consent messages like “yes means yes” and “no means no” are easily co-opted and provide a ready-made excuse.</p>
<p>For example, men in two of my studies used the importance of consent to blame sexual violence on women for not clearly communicating their lack of consent. And because we often see communication as being up to women, these men didn’t need to take any responsibility for asking or clarifying. </p>
<p><a href="https://doi.org/10.1080/10926771.2018.1500406">One perpetrator I interviewed</a> even referred specifically to a consent message heard on campus to simultaneously admit that he should have listened to his partner while blaming her:</p>
<blockquote>
<p>“I also told her to maybe be a bit more direct when it comes to ‘Yes’ and ‘No,’ because she was providing answers that were a little cloudy. Which I know with all the consent stuff up on the walls here it’s, you know, ‘only yes means yes.’”</p>
</blockquote>
<h2>If not consent, then what?</h2>
<p>Moving beyond the language of consent will open new possibilities for promoting truly equitable and ethical sex. At a minimum, we need to teach young people how to communicate more meaningfully about sex. </p>
<p>We need to teach that empathy, mutual decision-making and ongoing communication are integral components of sex, rather than preconditions that only take place before sex. And we need to teach and expect boys and men to listen to women’s desires and care about their well-being.</p>
<p>Reducing sexual violence and promoting ethical sex is also going to require substantial cultural change. <a href="https://doi.org/10.1177/1524838018789153">Prevention programs</a> that, in part, challenge what it means to relate as women and men are some of the most effective at reducing sexual violence. <a href="https://www.sieccan.org/gbv">Comprehensive sexual health education</a> that teaches young people about these issues early in life is also essential.</p>
<p>The idea of consent should have never had more than a supporting role in defining ethical sex. It’s time to shift the spotlight.</p><img src="https://counter.theconversation.com/content/205631/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The author’s research that informed the conceptualization of this piece was supported by the Social Sciences and Humanities Research Council of Canada.</span></em></p>In the wake of the #MeToo movement, there has been a lot of focus on consent. However, that focus takes the spotlight away from other strategies that can better inform ethical sex.Nicole K. Jeffrey, Adjunct Assistant Professor & Postdoctoral Fellow in Psychology, University of WindsorLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1961152022-12-15T02:20:33Z2022-12-15T02:20:33ZIt’s time we aligned sexual consent laws across Australia – but this faces formidable challenges<figure><img src="https://images.theconversation.com/files/500905/original/file-20221214-473-2qp4ds.jpg?ixlib=rb-1.1.0&rect=0%2C0%2C5196%2C2923&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>Federal Labor Senator Nita Green has <a href="https://twitter.com/nitagreenqld/status/1597459711766728704">recently moved</a> to establish a Senate inquiry into sexual consent laws.</p>
<p>These are the laws that describe how sexual consent is defined for rape and sexual assault offences. In Australia, these definitions differ across the states and territories, which causes inconsistencies and confusion, as well as complexities in sexual consent education.</p>
<p>The varying definitions create a situation where victims are protected differently depending on what jurisdiction they live in. This makes it challenging to send clear and unambiguous messages about what the law requires in sexual encounters.</p>
<p>One focus of the inquiry would be to look at whether there are benefits to aligning, or harmonising, the definitions across Australia. </p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1597459711766728704"}"></div></p>
<p>The Senate inquiry has <a href="https://www.canberratimes.com.au/story/8000925/sexual-consent-laws-go-under-spotlight/">the backing</a> of Greens Senator Larissa Waters and follows earlier <a href="https://www.smh.com.au/politics/federal/tame-to-push-for-uniform-consent-definition-payne-implores-nonpartisan-approach-to-women-s-safety-20210907-p58pjd.html">calls</a> by Grace Tame for sexual consent laws to be made uniform across the country.</p>
<p>This area of law has been under the spotlight following <a href="https://theconversation.com/nsw-adopts-affirmative-consent-in-sexual-assault-laws-what-does-this-mean-161497">recent legal changes</a> in NSW, the ACT and Victoria. Each has taken law reform steps towards an <a href="https://www.thesaturdaypaper.com.au/opinion/topic/2021/11/20/why-all-australian-states-should-have-affirmative-consent-laws#hrd">affirmative consent standard</a>, which means consent is understood as ongoing communication. </p>
<p>Each person must say or do something to indicate consent and check that the other is willing to proceed. Tasmania was the first state to move towards affirmative consent in 2004.</p>
<p>The current push to harmonise sexual consent law is important and timely. It would help support <a href="https://www.smh.com.au/national/a-caution-on-consent-and-sex-education-in-our-rush-to-do-better-don-t-cause-harm-20220901-p5bejn.html">educational efforts</a> around sexual consent and reduce confusion about the law. It has the potential to clarify the standard of ongoing communication expected before and during sex – a crucial component of affirmative consent models.</p>
<p>The recent legal reforms in NSW, the ACT and Victoria, along with announcements or enquiries in <a href="https://www.thesaturdaypaper.com.au/news/health/2022/07/09/queensland-affirmative-consent-laws-follow-nsw-example#hrd">Queensland</a> and <a href="https://thewest.com.au/politics/state-politics/reviews-into-revamping-was-sexual-assault-laws-and-if-affirmative-consent-legislation-should-be-introduced--c-5594884">WA</a>, mean the time is right to address this issue on a national level.</p>
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<h2>Risks and challenges</h2>
<p>Nonetheless, the push to harmonise sexual consent laws faces significant risks and challenges. </p>
<p>We recently conducted the first comprehensive academic study of the prospects for success in this area, which is due to be published in mid-2023.</p>
<p>One risk is what we term the “levelling-down” problem. This occurs when jurisdictions that are progressive and reformist adopt legal principles favoured by less reformist ones to achieve common standards. Harmonisation to the lowest common denominator risks slowing needed reforms. </p>
<p>In the case of sexual consent laws, it seems unlikely that Tasmania, NSW, the ACT and Victoria, having endorsed affirmative consent, would roll back those reforms to attain uniformity. This suggests harmonisation should aim at some form of affirmative consent standard.</p>
<p>However, although these jurisdictions have moved towards affirmative consent, their laws differ in their details. For example, they apply different tests for whether a defendant has a <a href="https://www.consentlawqld.com/">reasonable but mistaken belief in consent</a>, which provides an excuse for rape charges.</p>
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<p>Deep-seated differences also exist between common law and code-based criminal law jurisdictions. These differences would need to be overcome to produce a common model. </p>
<p>There are other reasons why legal harmonisation may not be easy. Criminal law reform – and sexual offence law in particular – tends to engage strong <a href="https://journals.sagepub.com/doi/full/10.1177/0067205X20927808">advocacy coalitions</a>.</p>
<p>These advocacy groups, on all sides of the issue, often have entrenched positions that are difficult to change. Some engage in public advocacy and media work, while others rely on informal networks and lobby behind the scenes.</p>
<p>The difficulty of satisfying all these groups creates a challenging political dynamic. It gives legislators an incentive to preserve the status quo.</p>
<p>It’s particularly difficult for <a href="https://law.adelaide.edu.au/ua/media/1521/How%20Does%20the%20Area%20of%20Law%20Predict%20the%20Prospects%20of%20Harmonisation.pdf">criminal law reforms to succeed</a> without the support of legal professional bodies, but these groups <a href="https://www.thesaturdaypaper.com.au/opinion/topic/2020/08/15/the-old-guard-preventing-reform-consent-laws/159741360010278#hrd">tend to be conservative</a> on such issues.</p>
<p>For example, the strong opposition of the Queensland Law Society and Bar Association to consent law reforms in that state arguably <a href="https://theconversation.com/queensland-rape-law-loophole-could-remain-after-review-ignores-concerns-about-rape-myths-and-consent-141772">explains the past reluctance</a> of the state government to drive legal changes in this area. </p>
<p>The history of criminal law harmonisation in Australia also sounds a note of caution. For example, the campaign for a <a href="http://www.austlii.edu.au/au/journals/AULawLib/1997/57.pdf">Model Criminal Code</a> in the mid 1990s – which aimed to craft a common criminal code for all Australian jurisdictions – fell well short of its aims. </p>
<h2>Persistence will be needed</h2>
<p>History suggests harmonisation won’t occur unless done in a <a href="https://journals.sagepub.com/doi/full/10.1177/0067205X20927808">politically strategic way</a> that aims to build a broad consensus for reform – while also being willing to push past the objections of groups that actively work to preserve the status quo.</p>
<p>The harmonisation effort must be accompanied by prolonged attention, political will and sufficient resources if it’s to overcome jurisdictional differences, historical inertia and entrenched views of advocacy coalitions within the criminal law arena.</p><img src="https://counter.theconversation.com/content/196115/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Jonathan Crowe is Director of Research at Rape and Sexual Assault Research and Advocacy.</span></em></p><p class="fine-print"><em><span>Guzyal Hill does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Our research highlights the risks and challenges that must be worked through to align sexual consent laws across the states and territories.Jonathan Crowe, Professor of Law, Bond UniversityGuzyal Hill, Senior Lecturer, Charles Darwin UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1778232022-03-22T01:04:26Z2022-03-22T01:04:26ZConsent education needs Blak voices for the safety and well-being of young First Nations people<figure><img src="https://images.theconversation.com/files/452336/original/file-20220315-27-1vucuwz.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.gettyimages.com.au/detail/photo/tender-moment-between-a-couple-royalty-free-image/1332202784">GettyImages</a></span></figcaption></figure><p><em>Readers are advised that the following article contains mentions of sexual assault.</em></p>
<p>The <a href="https://www.teachusconsent.com/">Teach Us Consent</a> movement - founded by Chanel Contos in 2021 - has gained bipartisan political support to mandate consent education in Australian schools from 2023. The movement was rapidly successful after collecting over <a href="https://www.teachusconsent.com/testimonies/">6,600 stories</a> of people who had experienced sexual assault by someone when they were at school.</p>
<p>This was followed quickly by the <a href="https://ministers.dss.gov.au/media-releases/8026">federal government committing $189 million</a> over five years to strengthen prevention and early intervention efforts in family, domestic and sexual violence.</p>
<p>Consent isn’t <a href="https://theconversation.com/not-as-simple-as-no-means-no-what-young-people-need-to-know-about-consent-155736">just about sex</a>. Consent needs to be taught in the context of our rights to say no to anything we’re not comfortable with. That education needs to start early, hence why the proposed curriculum is from school years K-12.</p>
<p>Teach Us Consent has advocated for comprehensive consent education that moves beyond simply teaching the law or explaining that “no means no”. Consent in a sexual context includes - but is not limited to - respect, healthy relationships, gender stereotypes, ethics, communication and empathy. </p>
<p>As strong and emotive reactions to recent speeches by <a href="https://www.youtube.com/watch?v=5wIzpu3qpvs">Grace Tame and Brittany Higgins</a> show, issues of sexual violence and consent are gaining momentum at a national level. Yet, within these important discussions, the voices, experiences and needs of First Nations people are not widely represented or heard.</p>
<p>Drawing on the current momentum and interest in consent education, there is an opportunity to fund place-based, culturally appropriate and co-designed consent education with First Nations young people. </p>
<p>The response to sexual violence must move beyond simply adding “dot paintings” to mainstream curricula to address the conditions that make sexual violence an issue for many.</p>
<p>To have a real impact on young people and our communities, we need to be telling the whole story of women, gender and sexual violence in Aboriginal and Torres Strait Islander people’s lives against the backdrop of colonisation. </p>
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Read more:
<a href="https://theconversation.com/friday-essay-fair-game-racial-shame-and-the-women-who-demanded-more-176256">Friday essay: 'fair game', racial shame and the women who demanded more</a>
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<h2>Acknowledging the impacts of colonisation</h2>
<p>Before colonisation, our diverse cultures were grounded in collective rights and responsibilities for <a href="https://www.austlit.edu.au/austlit/page/10194036">people</a> and Country. </p>
<p>Women were <a href="https://www.researchgate.net/publication/333672810_Reproductive_Justice_and_Culturally_Safe_Approaches_to_Sexual_and_Reproductive_Health_for_Indigenous_Women_and_Girls">keepers of knowledge</a> and Lore, and were responsible for passing knowledges down through our kinship lines. This involved educating and nurturing young girls as they transitioned into adulthood. </p>
<p>There were laws that regulated behaviours – sexual and otherwise – and women were revered in their roles as Elders, mothers and healers. </p>
<p>However, when Australia was colonised, Aboriginal women’s roles as teachers and matriarchs were <a href="https://www.mdpi.com/452560">rendered invisible</a> by the colonisers’ gaze, guns and violence.</p>
<p>When children were taken and family members murdered, this led to families and communities being displaced, and their cultural roles disrupted. <a href="https://humanrights.gov.au/our-work/publications/questions-and-answers-about-aboriginal-torres-strait-islander-peoples#:%7E:text=Protection%20and%20assimilation">Australia’s assimilation policies</a> laid the foundation for the entrenched racism and displacement we <a href="https://www.sydney.edu.au/news-opinion/news/2020/06/09/what-does-racism-look-like-in-australia-.html">experience today</a>.</p>
<p>This has contributed to First Nations people’s ongoing experience with inequalities in social and health indicators - <a href="https://www.anrows.org.au/project/understanding-the-role-of-law-and-culture-in-aboriginal-and-or-torres-strait-islander-communities-in-responding-to-and-preventing-family-violence/">including sexual and other violence</a>.</p>
<p>The ongoing impact of colonisation, <a href="https://www.tandfonline.com/doi/full/10.1080/01419870802302272">racism and cultural loss</a> are key drivers of violence in First Nations communities. This needs to be understood and addressed if our experiences are to be genuinely included in the national narrative around sexual consent and violence.</p>
<p>Growing relationships with First Nations people, communities and organisations based on genuine respect and cultural strength is fundamental to developing culturally safe education around consent.</p>
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<strong>
Read more:
<a href="https://theconversation.com/mandatory-consent-education-is-a-huge-win-for-australia-but-consent-is-just-one-small-part-of-navigating-relationships-177456">Mandatory consent education is a huge win for Australia – but consent is just one small part of navigating relationships</a>
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<h2>Culturally secure co-design for consent curricula</h2>
<p><a href="https://www.ourwatch.org.au/">Our Watch</a> – a national leader in the primary prevention of violence against women and children in Australia - has worked closely with First Nations people to develop <a href="https://media-cdn.ourwatch.org.au/wp-content/uploads/sites/2/2020/09/20231759/Changing-the-picture-Part-2-AA.pdf">Changing the Picture</a>. This is a resource to support the prevention of violence against Aboriginal and Torres Strait Islander women and children.</p>
<p>A co-design process would complement and build on the good work of Our Watch and those programs highlighted through this resource. It would draw on the professional and lived experiences of staff and communities working in this space. </p>
<p>Ways to approach consent education will vary depending on cultural, historical and local differences. Our communities need a curriculum that is flexible and adaptable enough to honour these diverse local and cultural needs. </p>
<p>To achieve this, collaboration must occur at all levels and stages of the design, rollout and evaluation of the new consent curriculum. </p>
<p>There has been <a href="https://ministers.dss.gov.au/media-releases/8026">further commitment</a> to fund responses beyond the national curriculum development, but there must be targeted funding for First Nations to ensure the responses are culturally appropriate.</p>
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Read more:
<a href="https://theconversation.com/we-are-a-nation-of-jailers-jurrungu-ngan-ga-is-a-whirlwind-of-bodily-resistance-173987">'We are a nation of jailers': Jurrungu Ngan-ga is a whirlwind of bodily resistance</a>
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<h2>Making decisions “with” people instead of “for” people</h2>
<p><a href="https://www.beyondstickynotes.com/what-is-codesign">Co-design</a> with First Nations communities and organisations is about all stakeholders - government, experts on sexual violence, community, advocacy bodies, young people and researchers - working together.</p>
<p>A key principle of co-design is that lived experience participants - in this case Aboriginal and Torres Strait Islander people - are valued and respected and their <a href="https://www.anrows.org.au/warawarni-gu-guma-statement/">knowledge</a> is privileged. </p>
<p>A good example of culturally secure co-design is the <a href="https://debakarn.com/">Looking Forward</a> project at Curtin University, in which methods were developed in a <a href="https://www.abc.net.au/radio/kimberley/programs/breakfast/cultural-health/12797394">collaboration</a> between Elders and young people.</p>
<p>The project includes two key <a href="https://www.tandfonline.com/doi/full/10.1080/18387357.2016.1173516">truth-telling</a> activities that build relationships and trust, ensuring the space is culturally secure: <a href="https://youtu.be/Xap1LbP0AgY">Storying and On Country</a>. </p>
<p>Storying is the process of sitting as equals and sharing the story of who you are as a person outside your professional role or qualifications. Equally as important is the deep listening and connecting with others in the room through our shared experiences. </p>
<p>Storying is followed by an On Country event. Activities are led, held and weaved together by Elders who share stories and knowledge about Country. This helps to better understand the central role culture has in people’s <a href="https://timhwb.org.au/wp-content/uploads/2021/04/SEWB-fact-sheet.pdf">social and emotional well-being</a> and how to include this in work practices.</p>
<p>Due to the complex legacies of colonisation, the relationships that begin to form through Storying and On Country events are integral in building trust with First Nations people. This enables non-Indigenous people to develop an understanding of culture, kinship and spirit. These activities are part of addressing the racialised power differences and developing a genuine commitment from non-Indigenous people. </p>
<p>This approach forms the foundation for <a href="https://www.tandfonline.com/doi/full/10.1080/18387357.2016.1173516">robust discussions</a> that need to occur in the development of any consent education around sexual violence.</p>
<p>These programs may not use the words “consent education”, but they do address the legacy of colonisation that is a driver of sexual violence. Importantly, these examples create culturally safe spaces for all members of the community to engage in conversations about violence against women. </p>
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<img alt="An Aboriginal person and a young child each hold a coolamon above their heads in ceremony." src="https://images.theconversation.com/files/453465/original/file-20220321-22-121eode.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/453465/original/file-20220321-22-121eode.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/453465/original/file-20220321-22-121eode.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/453465/original/file-20220321-22-121eode.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/453465/original/file-20220321-22-121eode.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/453465/original/file-20220321-22-121eode.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/453465/original/file-20220321-22-121eode.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Growing relationships with First Nations people is fundamental to developing culturally safe education.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/newcastle-australia-december-10-2009-aboriginal-1591481089">shutterstock</a></span>
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Read more:
<a href="https://theconversation.com/increased-incarceration-of-first-nations-women-is-interwoven-with-the-experience-of-violence-and-trauma-164773">Increased incarceration of First Nations women is interwoven with the experience of violence and trauma</a>
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<h2>Walking forward together</h2>
<p>The federal government’s move to mandate consent education is a step in the right direction. If funded and resourced appropriately, it provides a unique opportunity to address sexual violence at a national level. </p>
<p>Moving forward, the voices, experiences and expertise of Aboriginal and Torres Strait Islander peoples must be listened to. Historical and current colonial violence, as well as the strengths of culture, must be understood and incorporated. </p>
<p>Engaging with First Nations people working in and for the community is where we need to start.</p><img src="https://counter.theconversation.com/content/177823/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Amanda Sibosado works for the Looking Forward Research Team, on Our Journey Our Story at Curtin University. Our Journey, Our Story is funded by the Medical Research Future Fund (MRFF) Million Minds Mission. </span></em></p><p class="fine-print"><em><span>Michelle Webb works for the Looking Forward Research Team, on Our Journey Our Story at Curtin University. Our Journey, Our Story is funded by the Medical Research Future Fund (MRFF) Million Minds Mission</span></em></p>To have a real impact on First Nations communities, we need to tell the whole story of sexual violence in people’s lives against the backdrop of colonisation.Amanda Sibosado, Research Associate - Aboriginal Mental Health, Curtin UniversityMichelle Webb, Research Fellow - Psychology, Curtin UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1721392021-11-23T18:59:53Z2021-11-23T18:59:53ZHow to get consent for sex (and no, it doesn’t have to spoil the mood)<figure><img src="https://images.theconversation.com/files/433351/original/file-20211123-17-qv8r6c.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/lgbt-asian-lesbian-couple-769287244">Shutterstock</a></span></figcaption></figure><p><a href="https://www.dcj.nsw.gov.au/news-and-media/media-releases/consent-law-reform">New South Wales</a> and <a href="https://www.lawreform.vic.gov.au/publication/improving-the-justice-system-response-to-sexual-offences/">Victoria</a> are set to introduce a suite of reforms to sexual offences legislation which set a new standard for sexual consent. Both states will implement an affirmative model of consent. </p>
<p><a href="https://theconversation.com/nsw-adopts-affirmative-consent-in-sexual-assault-laws-what-does-this-mean-161497">Affirmative consent</a> is based on the idea that someone who is consenting to sex will actively express this through their words and actions – it’s the presence of an “enthusiastic yes”, rather than the absence of a “no”. </p>
<p>So what’s changing, and what does that mean for how we negotiate sex? </p>
<h2>By law, you will need to actively seek consent</h2>
<p>The Victorian and NSW reforms place a <a href="https://www.sbs.com.au/news/sexual-assault-survivors-hope-nsw-consent-laws-will-inspire-nationwide-reform/9d0ef591-1a15-44fc-a250-f17b7ace424e">higher onus</a> on the accused. </p>
<p>Current legislation stipulates that while any steps taken by the accused to ascertain consent should be taken into account in determining whether their belief in consent was “reasonable”, they are not required to have actively sought consent. This means an <a href="https://journals.sagepub.com/doi/abs/10.1177/1748895819880953">accused person could argue</a> they had “belief” in consent, without actually taking any action to confirm this belief. </p>
<p>Under the new model, if an accused did not take steps to ascertain consent, their belief in consent is considered to be unreasonable. Silence or a lack of resistance cannot indicate consent. </p>
<p>If an accused wanted to mount a defence that they held a “reasonable belief” in the other person’s consent, they would have to demonstrate what steps or actions they took to make sure the other person was consenting.</p>
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Read more:
<a href="https://theconversation.com/nsw-adopts-affirmative-consent-in-sexual-assault-laws-what-does-this-mean-161497">NSW adopts affirmative consent in sexual assault laws. What does this mean?</a>
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<p>It is hoped this will lead to an <a href="https://www.abc.net.au/news/2021-11-12/victorian-affirmative-consent-sexual-offences-justice-reform/100615234">emphasis on the actions of the accused</a>, rather than scrutinising the complainant’s behaviour. These are important improvements in the way the legal system responds to sexual assault. </p>
<h2>No, it doesn’t mean signing a consent form</h2>
<p>Affirmative consent means all partners should consciously and voluntarily agree to participate in sexual activity. </p>
<p>Responsibility for consent should be mutual, meaning all parties involved need to ensure they have obtained consent. </p>
<p>Affirmative consent can also be withdrawn at any time – it’s an ongoing process, not a one off “yes” at the start of an encounter. </p>
<p>Some people suggest affirmative consent makes sex “awkward” or “formulaic”. We’re often asked if this means we need to have our partners sign a consent form at the beginning of an encounter. </p>
<p>Others say having to constantly “check in” with a partner can spoil the mood or remove the spontaneity of sex. </p>
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<iframe width="440" height="260" src="https://www.youtube.com/embed/9iSlPoQm2XY?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">As New Zealand comedy Flight of the Conchords reminded us, ‘a kiss is not a contract’.</span></figcaption>
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<p>Not only does an affirmative model help to ensure your partner is actively consenting to sex, it can also help enhance pleasure and fun.</p>
<h2>So how do you actually get consent?</h2>
<p>Here are some ways you might approach consent under an affirmative model: </p>
<p><strong>Ask your partner how they like to be touched</strong>, or what they would like to do. Questions like “how does that feel” or “would you like it if I did XXX” can help ascertain consent but also ensure sex is pleasurable! </p>
<p>Some <a href="https://www.theschooloflife.com/shop/pillow-talk/">companies have produced</a> cards to help facilitate this conversation with a partner. Kink communities, such as <a href="https://journals.sagepub.com/doi/abs/10.1177/1079063219842847">BDSM groups</a>, often have well-established protocols for talking about consent, and there’s arguably much we could learn from them.</p>
<p><strong>Pay attention to all of the cues</strong> and forms of communication a partner is using. This includes what they say, but also their body language, gestures, noises, and emotional expression. </p>
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<img alt="Gay couple cuddle in bed." src="https://images.theconversation.com/files/433347/original/file-20211123-19-170fugk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/433347/original/file-20211123-19-170fugk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/433347/original/file-20211123-19-170fugk.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/433347/original/file-20211123-19-170fugk.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/433347/original/file-20211123-19-170fugk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/433347/original/file-20211123-19-170fugk.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/433347/original/file-20211123-19-170fugk.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Pay attention to your partner’s cues.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/gay-couple-cuddling-bed-1216000219">Shutterstock</a></span>
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<p>If a partner is passive, silent, crying, or looking upset, these are all red flags that they are not consenting. If there’s any doubt about whether your partner/s are into what’s happening, stop and check in with them again. </p>
<p>If you’re still unsure, it’s best to end the encounter.</p>
<p><strong>Is the other person intoxicated</strong> or drug affected? If so, they might not legally be able to consent to sex. While some people do use alcohol or other drugs to enhance sexual pleasure (for example, in <a href="https://www.emerald.com/insight/content/doi/10.1108/DAT-09-2018-0043/full/html">Chemsex</a>), this is something that needs to be carefully negotiated. </p>
<p>Again, if in any doubt, it’s always best to stop.</p>
<p><strong>Consider the context</strong>, and the nature of the relationship between yourself and your partner/s. For example, are you in a position of power over the other person/people? This could be on account of your age, gender, employment status and so on. </p>
<p>If the answer is “yes”, exercise caution. Is it possible the other person could feel pressured or unable to say no to you?</p>
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<img alt="Two young people without shoes sit on a tiled floow." src="https://images.theconversation.com/files/433341/original/file-20211123-19-16f00zv.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/433341/original/file-20211123-19-16f00zv.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/433341/original/file-20211123-19-16f00zv.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/433341/original/file-20211123-19-16f00zv.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/433341/original/file-20211123-19-16f00zv.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/433341/original/file-20211123-19-16f00zv.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/433341/original/file-20211123-19-16f00zv.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">If there’s any doubt about consent, stop and check in with your partner.</span>
<span class="attribution"><a class="source" href="https://unsplash.com/photos/Y3TWNOXc7U0">Sinitta Leunen/Unsplash</a></span>
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<p>While <a href="https://pubmed.ncbi.nlm.nih.gov/23919322/Postfeminist%20sexual%20agency:%20Young%20women%E2%80%99s%20negotiations%20of%20sexual%20consent%E2%80%99">research suggests</a> non-verbal communication is the most common way people communicate consent, people can <a href="https://time.com/5274505/metoo-verbal-nonverbal-consent-cosby-schneiderman/">misinterpret non-verbal cues</a>. So it’s best not to rely on reading non-verbal cues alone.</p>
<p>Try using verbal consent as well (or the use of sign language or written communication for people who are non-verbal). This doesn’t have to be awkward, or contractual, and consent can be communicated <a href="https://www.dipseastories.com/blog/dirty-talk-consent/">through dirty talk</a>. </p>
<p>Asking a partner what they like also allows you to learn about their body and what feels good, rather than just guessing what they might find pleasurable. </p>
<h2>Beyond affirmative consent</h2>
<p>While affirmative consent certainly provides a better framework for sexual communication than just waiting for someone to say “no” (or simply assuming the other person consents), it also has limitations. </p>
<p>People may still affirmatively consent to sex they do not want for various reasons. Consenting to sex <a href="https://law.unimelb.edu.au/news/archive/consensual-but-not-mutually-desirable-how-unwanted-sex-can-harm-womens-equality">may be the safer option</a> in an <a href="https://link.springer.com/article/10.1007/s10896-020-00204-x">abusive relationship</a>, for example. People also often engage in sex due to peer pressure or because they feel it is their duty as a partner. </p>
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Read more:
<a href="https://theconversation.com/not-as-simple-as-no-means-no-what-young-people-need-to-know-about-consent-155736">Not as simple as 'no means no': what young people need to know about consent</a>
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<p>Our <a href="https://link.springer.com/article/10.1007/s11133-020-09469-6">sexual scripts</a> and <a href="https://www.routledge.com/Just-Sex-The-Cultural-Scaffolding-of-Rape/Gavey/p/book/9781138336209">dominant gender norms</a> can also make it difficult to enact affirmative consent in practice. </p>
<p>Young women, for example, are often socialised to be polite, compliant, and <a href="https://link.springer.com/article/10.1007/s10508-019-01510-2">pleasing to others</a>. <a href="https://journals.sagepub.com/doi/10.1177/1363460712454076">Sexual double standards</a> presenting women as “sluts” or “whores” for actively engaging in and enjoying sex persist. As a result, it can be difficult for some women to openly express their sexual wants and desires. </p>
<figure class="align-center ">
<img alt="Woman sits on the end of a bed." src="https://images.theconversation.com/files/433345/original/file-20211123-15-uv37hg.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/433345/original/file-20211123-15-uv37hg.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=338&fit=crop&dpr=1 600w, https://images.theconversation.com/files/433345/original/file-20211123-15-uv37hg.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=338&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/433345/original/file-20211123-15-uv37hg.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=338&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/433345/original/file-20211123-15-uv37hg.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=424&fit=crop&dpr=1 754w, https://images.theconversation.com/files/433345/original/file-20211123-15-uv37hg.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=424&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/433345/original/file-20211123-15-uv37hg.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=424&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Some people are less able to say no.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/sadness-woman-sitting-on-bed-morning-1449422381">Shutterstock</a></span>
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<p>Affirmative consent is <a href="https://www.journals.uchicago.edu/doi/abs/10.1086/711209">less able to take into account</a> the broader structural and social factors that make saying “yes” or “no” difficult, or that mean we sometimes “consent” to unwanted sex. </p>
<p>While affirmative consent is vital, you might also want to think about how you can ensure your partners feel comfortable and safe to express their needs, desires, and what feels good. </p>
<p>You also want to make sure they feel comfortable to say “no” at any time without any ramifications.</p>
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<strong>
Read more:
<a href="https://theconversation.com/teaching-young-people-about-sex-is-too-important-to-get-wrong-here-are-5-videos-that-actually-hit-the-mark-159438">Teaching young people about sex is too important to get wrong. Here are 5 videos that actually hit the mark</a>
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<img src="https://counter.theconversation.com/content/172139/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Bianca Fileborn receives funding from the Australian Research Council. </span></em></p><p class="fine-print"><em><span>Sophie Hindes does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Consent doesn’t mean your sexual partner needs to sign a consent form at the beginning of an encounter. It means an ‘enthusiastic yes’, expressed through words or gestures.Bianca Fileborn, Senior Lecturer in Criminology, The University of MelbourneSophie Hindes, PhD Candidate, The University of MelbourneLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1642222021-07-23T20:05:01Z2021-07-23T20:05:01ZSexual harassment cases at school: Appeals court ruling could change how schools judge complaints<figure><img src="https://images.theconversation.com/files/411522/original/file-20210715-32887-1nt3yfn.jpg?ixlib=rb-1.1.0&rect=295%2C8%2C5502%2C2946&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">In Doe v. Fairfax, a student sued her school district for not taking sufficient action after she reported a sexual assault.</span> <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/school-bus-sits-parked-in-columbus-n-m-on-sunday-april-11-news-photo/1232256023">Bill Clark/CQ-Roll Call, Inc via Getty Images</a></span></figcaption></figure><p>When a Virginia high school teen reported that another student repeatedly touched her breasts and genitals without consent during a school band trip, the school decided there wasn’t enough evidence to establish that there was a “sexual assault.” They did not punish the alleged offender. </p>
<p>The student sued the school in federal court under <a href="https://www.law.cornell.edu/uscode/text/20/1681">Title IX</a>, a federal law that prohibits discrimination on the basis of sex in any “education program or activity” that receives federal funding. The jury rendered a verdict in favor of the school. But a Fourth Circuit Court of Appeals decision in June 2021 reversed that verdict and ordered a new trial.</p>
<p>As a <a href="https://www.cali.org/user/168727">professor who teaches education law</a> and constitutional law, I believe the Fourth Circuit’s decision is important. It means schools cannot decline to take action on student sexual harassment complaints on the grounds that the school officials who received the complaint didn’t understand it or didn’t believe it to allege sexual harassment.</p>
<p>Rather, the decision indicates that schools must view such complaints objectively and act on any complaint that a reasonable school official would understand to allege sexual harassment. If they do not, they may be liable for monetary damages under Title IX.</p>
<h2>What happened in the case?</h2>
<p>In <a href="https://law.justia.com/cases/federal/appellate-courts/ca4/19-2203/19-2203-2021-06-16.html">Doe v. Fairfax County School Board</a>, a student, “Jane Doe,” alleged that a fellow student, “Jack Smith,” “repeatedly touched her breasts and genitals and penetrated her vagina with his fingers despite her efforts to physically block him, and that he also repeatedly put her hand on his penis even after she moved it away” while riding on a bus during a school band trip in 2017. </p>
<p>Jane told two bandmates who were on the trip, and they told an assistant school principal who was also on the trip. The assistant principal did not speak to Jane or Jack about the incident during the trip. </p>
<p>When the band returned, school officials interviewed Jane about the incident and obtained a written statement. They asked her if the sexual activity was consensual. She responded: “I don’t think it was consensual.” </p>
<p>Jack initially denied the claims, but later admitted he did in fact “grab” her and touch her breasts. He continued to deny the other allegations. School officials also met with Jane’s mother, who said Jack’s touching of Jane was nonconsensual and “a sexual assault.” They received emails and a written statement from fellow band students and a parent alleging that Jack pressured Jane into nonconsensual sexual activity and sexually harassed Jane.</p>
<p>After their investigation, school officials concluded that the evidence wasn’t enough to “show that [they] could call it a sexual assault.” They did not take any further action. </p>
<h2>Why did the jury rule in favor of the school?</h2>
<p>Jane’s Title IX claim sought damages for sexual harassment. Two previous Supreme Court decisions, <a href="https://www.oyez.org/cases/1997/96-1866">Gebser v. Lago Vista Independent School District</a> and <a href="https://www.oyez.org/cases/1998/97-843">Davis v. Monroe County School Board</a>, establish that such a claim requires a student to prove four things:</p>
<p>First, that their educational institution receives federal funds. Second, that the sexual harassment was so severe, pervasive and objectively offensive that it deprived them of equal access to the school’s educational opportunities or benefits. Third, that the appropriate school authorities had actual notice or knowledge of the alleged harassment. And finally, that the school acted with deliberate indifference.</p>
<p>The jury found that the first two requirements were met, but the third was not because school officials did not “<a href="https://www.thelily.com/a-virginia-high-schooler-sued-her-district-over-sexual-assault-it-could-open-doors-for-other-survivors-experts-say/">know with certainty that the student had been assaulted</a>.” </p>
<p>Therefore, the jury determined that school officials did not have “actual knowledge” and did not violate Title IX, so the student was not entitled to damages.</p>
<h2>Why did the court of appeals reverse the decision?</h2>
<p>The U.S. Fourth Circuit Court reversed the decision and sent the case back for a new trial because “no evidence supports the jury’s finding that the School Board lacked actual notice of the alleged sexual harassment.” A new trial date has not yet been set.</p>
<p>A key part of the court’s decision in <a href="https://law.justia.com/cases/federal/appellate-courts/ca4/19-2203/19-2203-2021-06-16.html">Doe v. Fairfax</a> involves whether a subjective or objective standard should be used to determine whether the school had “actual knowledge” of the alleged assault on the bus.</p>
<p>Objective standards are common in the law and generally focus on what a reasonable person would do in that situation. However, the trial court <a href="https://www.thelily.com/a-virginia-high-schooler-sued-her-district-over-sexual-assault-it-could-open-doors-for-other-survivors-experts-say/">led jurors to use more of a subjective standard</a> in Jane’s case. </p>
<p>Rather than focus on how a reasonable school official in those circumstances should view Jane’s complaint based on the evidence, the jury focused on how the particular Fairfax school officials who were involved viewed the complaint.</p>
<p>The court of appeals rejected this as “nonsensical.” </p>
<p>A subjective standard, they argued, could allow school officials to escape liability by simply saying they did not understand a complaint to be sexual harassment, or that they did not believe harassment actually occurred. </p>
<p>Instead, the court found that the receipt of a report that can “objectively be taken to allege sexual harassment” is sufficient “regardless of whether school officials subjectively understood the report to allege sexual harassment or whether they believed the alleged harassment actually occurred.” </p>
<p>The court went on to find that based on the evidence, no reasonable jury could conclude that school officials did not have actual notice under this objective standard.</p>
<p>“[I]f these facts do not show that the School Board had actual notice,” the court stated in its opinion, “we don’t know what would.” </p>
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<img alt="Schoolgirl wearing backpack holds hands over face" src="https://images.theconversation.com/files/411521/original/file-20210715-17-ywshhr.jpg?ixlib=rb-1.1.0&rect=14%2C4%2C3180%2C2122&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/411521/original/file-20210715-17-ywshhr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/411521/original/file-20210715-17-ywshhr.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/411521/original/file-20210715-17-ywshhr.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/411521/original/file-20210715-17-ywshhr.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/411521/original/file-20210715-17-ywshhr.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/411521/original/file-20210715-17-ywshhr.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">School officials cannot escape liability by simply saying they did not believe harassment actually occurred.</span>
<span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/photo/sad-young-schoolgirl-covering-her-face-and-crying-royalty-free-image/1223793020">Chameleons Eye/iStock/Getty Images Plus</a></span>
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<h2>What does it mean going forward?</h2>
<p>The court’s decision applies to schools in the Fourth Circuit, which includes Maryland, North Carolina, South Carolina, Virginia and West Virginia. The court noted that its decision “comports” with courts in other jurisdictions, but it appears to be the first case to expressly address the subjective versus objective issue. </p>
<p>Courts in other circuits will now determine whether to follow the decision or not.</p>
<p>Courts that do follow the decision and use the objective standard will likely find that actual notice is met when school authorities receive complaints that expressly mention sexual assault, sexual harassment or sexual activity that is “unwelcome and nonconsensual.” </p>
<p>Lower courts will need to determine the parameters of when complaints that do not clearly include this information meet the actual notice standard – for example, if a student complains that another student is harassing them, but does not describe the harassment or mention a sexual aspect. In doing so, the analysis used by courts that follow the objective standard will be how a reasonable official would interpret the complaint – not how the actual official interpreted it.</p>
<p>[<em>The Conversation’s Politics + Society editors pick need-to-know stories.</em> <a href="https://theconversation.com/us/newsletters/politics-weekly-74/?utm_source=TCUS&utm_medium=inline-link&utm_campaign=newsletter-text&utm_content=politics-need-to-know">Sign up for Politics Weekly</a>.]</p><img src="https://counter.theconversation.com/content/164222/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Scott F. Johnson does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>A recent ruling makes it harder for schools to ignore claims about sexual harassment or assault.Scott F. Johnson, Professor of Law, Purdue UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1614972021-05-25T06:39:35Z2021-05-25T06:39:35ZNSW adopts affirmative consent in sexual assault laws. What does this mean?<figure><img src="https://images.theconversation.com/files/402506/original/file-20210525-19-2xqio9.jpg?ixlib=rb-1.1.0&rect=6%2C30%2C4019%2C2879&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Saxon Mullins has fought for years to have affirmative consent added to rape laws.</span> <span class="attribution"><span class="source">AAP/supplied</span></span></figcaption></figure><p>New South Wales Attorney-General Mark Speakman has <a href="https://www.smh.com.au/politics/nsw/accusers-must-prove-consent-through-words-facial-expression-or-a-gesture-under-new-laws-20210525-p57uwb.html?utm_medium=Social&utm_source=Twitter#Echobox=1621920779-1">announced a suite of reforms</a> to consent law, following a two-and-a-half year <a href="https://www.lawreform.justice.nsw.gov.au/Pages/lrc/lrc_current_projects/Consent/Consent.aspx">review</a> by the Law Reform Commission. </p>
<p>The review was prompted by survivor-advocate Saxon Mullins, who endured two trials and two appeals, only to end up with <a href="https://www.abc.net.au/news/2018-05-07/kings-cross-rape-case-that-put-consent-on-trial/9695858?nw=0">no legal resolution to her rape case</a>. Since then, Mullins has advocated for affirmative consent.</p>
<p>However, the final report from the commission, released in November last year, failed to recommend this standard. Despite this, Speakman has stood alongside Mullins with the promise of a bill that goes beyond the recommendations of the commission — and will make affirmative consent the law in NSW.</p>
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Read more:
<a href="https://theconversation.com/nsw-law-reform-report-misses-chance-to-institute-yes-means-yes-in-sexual-consent-cases-150628">NSW law reform report misses chance to institute 'yes means yes' in sexual consent cases</a>
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<h2>What is affirmative consent?</h2>
<p>Affirmative consent means that consent is <em>actively</em> sought and <em>actively</em> communicated. This approach shifts from a “no means no” standard to “yes means yes”, in that an individual seeking to have sex with another person must obtain clear, expressed consent from them before (and while) engaging in a sexual act.</p>
<p>In other words, submission without active, participatory agreement is not sufficient to claim that consent was given. In practice, this could be something as simple as <a href="https://rasara.org/confidence-toolkit">asking someone</a> if they want to have sex. </p>
<p>This type of consent standard shifts the emphasis from the actions of the victim-survivor to those of the accused. This is important, since we know that the same <a href="https://journals.sagepub.com/doi/abs/10.1177/0964663916680130">rape myths</a> and gendered stereotypes that permeate society can be brought sharply to bear in sexual assault trials.</p>
<p>Despite this, and <a href="https://laws-lois.justice.gc.ca/eng/acts/c-46/page-35.html#docCont">international</a> shifts towards affirmative consent, governments across Australia have been hesitant to legislate it, and Law Reform Commissions are apparently loathe to recommend it.</p>
<p>In addition to the NSW Commission, the Queensland Law Reform Commission earlier this year also failed to recommend affirmative consent, opting instead to recommend no substantive change to consent law. That report was heavily <a href="https://theconversation.com/queensland-rape-law-loophole-could-remain-after-review-ignores-concerns-about-rape-myths-and-consent-141772">criticised</a> as relying largely on research that had not been peer-reviewed, and ignoring recent Australian academic research. </p>
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Read more:
<a href="https://theconversation.com/queensland-rape-law-loophole-could-remain-after-review-ignores-concerns-about-rape-myths-and-consent-141772">Queensland rape law 'loophole' could remain after review ignores concerns about rape myths and consent</a>
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<h2>The changes in New South Wales</h2>
<p>The bill announced today changes that course. Speakman has <a href="https://www.dcj.nsw.gov.au/news-and-media/media-releases/consent-law-reform">presented reforms</a> that go beyond the Law Reform Commission’s recommendations and, if enacted, would legislate affirmative consent in NSW.</p>
<p>This is because the bill requires that a person who is seeking to raise the defence of “reasonable belief in consent” must demonstrate what actions they took or what words they spoke to ensure they had consent. A failure to do or say something (that is, to “take steps”) to ascertain consent means that any belief in consent will not be reasonable. </p>
<p>This is affirmative consent in action - and it takes its lead from the law in <a href="https://www.legislation.tas.gov.au/view/html/inforce/current/act-1924-069#JS1@GS14A@EN">Tasmania</a>, which has operated without controversy for nearly two decades. </p>
<p>It is also where other jurisdictions fall down. Victoria, for example, is often heralded as a leader in affirmative consent. However, my research analysing rape trial transcripts from the County Court of Victoria shows that defence counsel continue to rely on narratives of <a href="https://academic.oup.com/bjc/article-abstract/59/2/296/5127722">victim resistance</a> or “<a href="https://journals.sagepub.com/doi/abs/10.1177/1748895819880953">implied consent</a>”, that construct women’s ordinary, everyday behaviour as indicating consent. </p>
<p>This is, as I have argued, because Victoria does not require an accused person to show they did anything to ensure their potential sexual partner was consenting. If a person did take steps to ascertain consent, they are able to raise this in their defence. </p>
<p>However, the reasonableness of a belief in consent, in Victoria, can be built exclusively on the accused person’s perception of the victim-survivor’s conduct - whether she was drinking alcohol, wearing certain types of clothing, dancing near him or not offering enough “resistance” to his sexual advances. </p>
<p>The NSW government has sought to respond to these problems that continue to plague Victorian courts by making these consent steps mandatory. This means the NSW provision will act as a protection to victim-survivors in their pursuit of justice, and will protect from prosecution accused people who, even in their mistake, acted reasonably. </p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1397013547809316864"}"></div></p>
<h2>What does this mean?</h2>
<p>The ethos that a person who wants to have sex should make sure their potential partner also wants to should underpin both our responses to and prevention of sexual violence. </p>
<p>This approach can set the framework for how we teach young people - or “re-teach” older generations - about <a href="https://rasara.org/prevention-hub">consent, relationships and sexuality</a>. In the context of a rape trial, the hope is that affirmative consent will go some way to ensuring that attitudes which blame women for their victimisation, and excuse sexual violence, do not play a role in the outcome. </p>
<p>This does not, as some may claim over the next few months as we see this bill progressing through parliament, reverse the onus of proof. People accused of sexual assault will continue to be afforded their right to the presumption of innocence. </p>
<p>However, this bill does place an evidential burden on an accused person who seeks to raise a defence of reasonable belief in consent to show they took steps. The onus remains on the prosecution to disprove this once the defence has discharged its evidential burden. </p>
<h2>A win for survivors</h2>
<p>The NSW reforms are a huge win for survivors, particularly Saxon Mullins, who catapulted consent onto the public and political agenda. </p>
<p>But it is not the end of the story. The law, while holding potential to set community expectations, is - and should be - the avenue of last resort. Attention must also be paid to preventing sexual violence before it occurs.</p><img src="https://counter.theconversation.com/content/161497/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Rachael Burgin is an executive director of Rape and Sexual Assault Research and Advocacy (RASARA) and was involved in consultations with the NSW Law Reform Commission and NSW Government concerning these amendments. </span></em></p>After years of advocacy by Saxon Mullins, NSW moves from a “no means no” to a “yes means yes” standard of sexual consent.Rachael Burgin, Lecturer in Law, Swinburne University of TechnologyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1598112021-04-28T05:44:30Z2021-04-28T05:44:30ZNSW Police want access to Tinder’s sexual assault data. Cybersafety experts explain why it’s a date with disaster<figure><img src="https://images.theconversation.com/files/397493/original/file-20210428-17-1rdeyi0.jpg?ixlib=rb-1.1.0&rect=110%2C34%2C3771%2C2549&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>Dating apps have been under increased scrutiny for their role in facilitating harassment and abuse. </p>
<p>Last year an <a href="https://www.abc.net.au/news/2020-10-12/tinder-dating-app-helps-sexual-predators-hide-four-corners/12722732?nw=0">ABC investigation</a> into Tinder found most users who reported sexual assault offences didn’t receive a response from the platform. Since then, the app has reportedly implemented <a href="https://www.tinderpressroom.com/news?item=122491">new features</a> to mitigate abuse and help users feel safe. </p>
<p>In a recent development, New South Wales Police <a href="https://www.abc.net.au/triplej/programs/hack/tinder-announces-new-safety-measures-artificial-intelligence/13317896">announced</a> they are in conversation with Tinder’s parent company Match Group (which also owns OKCupid, Plenty of Fish and Hinge) regarding a proposal to gain access to a portal of sexual assaults reported on Tinder. The police also suggested using artificial intelligence (AI) to scan users’ conversations for “red flags”.</p>
<p>Tinder <a href="https://www.tinderpressroom.com/2021-02-25-The-Top-10-Safety-Focused-Features-on-Tinder">already uses automation</a> to monitor users’ instant messages to identify harassment and verify personal photographs. However, increasing surveillance and automated systems doesn’t necessarily make dating apps safer to use.</p>
<h2>User safety on dating apps</h2>
<p><a href="https://theconversation.com/right-swipes-and-red-flags-how-young-people-negotiate-sex-and-safety-on-dating-apps-128390">Research</a> has shown people have differing understandings of “safety” on apps. While many users prefer not to negotiate sexual consent on apps, some do. This can involve disclosure of sexual health (including HIV status) and explicit discussions about sexual tastes and preferences. </p>
<p>If the <a href="https://www.theguardian.com/technology/2021/jan/26/grindr-fined-norway-sharing-personal-information">recent Grindr data breach</a> is anything to go by, there are serious privacy risks whenever users’ sensitive information is collated and archived. As such, some may actually feel less safe if they find out police could be monitoring their chats.</p>
<p>Adding to that, automated features in dating apps (which are supposed to enable identity verification and matching) can actually put certain groups at risk. <a href="https://www.tandfonline.com/doi/full/10.1080/14461242.2020.1851610">Trans and non-binary users</a> may be misidentified by automated image and voice recognition systems which are trained to “see” or “hear” gender in binary terms. </p>
<p>Trans people may also be accused of deception if they don’t disclose their trans identity in their profile. And those who do disclose it risk being targeted by transphobic users.</p>
<h2>Increasing police surveillance</h2>
<p>There’s no evidence to suggest that granting police access to sexual assault reports will increase users’ safety on dating apps, or even help them feel safer. <a href="https://eprints.qut.edu.au/131121/2/Rosalie_Gillett_Thesis.pdf">Research</a> has demonstrated users often don’t report harassment and abuse to dating apps or law enforcement. </p>
<p>Consider NSW Police Commissioner Mick Fuller’s misguided “<a href="https://www.abc.net.au/news/2021-03-18/nsw-sexual-consent-app-proposed-by-mick-fuller/100015782">consent app</a>” proposal last month; this is just one of many reasons sexual assault survivors may not want to contact police after an incident. And if police can access personal data, this may deter users from reporting sexual assault.</p>
<p>With high attrition rates, <a href="https://www.theguardian.com/society/2021/mar/20/barriers-to-justice-we-are-still-governed-by-the-idea-that-women-lie-about-sexual-assault">low conviction rates</a> and the prospect of being retraumatised in court, the criminal legal system often fails to deliver justice to sexual assault survivors. Automated referrals to police will only further deny survivors their agency.</p>
<p>Moreover, the proposed partnership with law enforcement sits within a broader project of escalating police surveillance fuelled by <a href="https://journals.uic.edu/ojs/index.php/fm/article/view/5615">platform-verification processes</a>. Tech companies <a href="https://yalebooks.yale.edu/book/9780300209570/atlas-ai">offer police forces a goldmine</a> of data. The needs and experiences of users are rarely the focus of such partnerships.</p>
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Read more:
<a href="https://theconversation.com/australian-police-are-using-the-clearview-ai-facial-recognition-system-with-no-accountability-132667">Australian police are using the Clearview AI facial recognition system with no accountability</a>
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<p>Match Group and NSW Police have yet to release information about how such a partnership would work and how (or if) users would be notified. Data collected could potentially include usernames, gender, sexuality, identity documents, chat histories, geolocation and sexual health status. </p>
<h2>The limits of AI</h2>
<p>NSW Police also proposed using AI to scan users’ conversations and identify “red flags” that could indicate potential sexual offenders. This would build on Match Group’s current tools that detect sexual violence in users’ private chats. </p>
<p>While an AI-based system may detect overt abuse, everyday and “ordinary” abuse (which is <a href="https://eprints.qut.edu.au/131121/2/Rosalie_Gillett_Thesis.pdf">common in digital dating contexts</a>) may fail to trigger an automated system. Without context, it’s difficult for AI to detect behaviours and language that are harmful to users.</p>
<p>It may detect overt physical threats, but not seemingly innocuous behaviours which are only recognised as abusive by individual users. For instance, repetitive messaging may be welcomed by some, but experienced as harmful by others. </p>
<p>Also, even as automation becomes more sophisticated, users with malicious intent can develop ways to <a href="https://www.theverge.com/interface/2019/5/31/18646525/facebook-white-supremacist-ban-evasion-proud-boys-name-change">circumvent it</a>.</p>
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Read more:
<a href="https://theconversation.com/tinders-new-safety-features-wont-prevent-all-types-of-abuse-131375">Tinder's new safety features won't prevent all types of abuse</a>
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<p>If data are shared with police, there’s also the risk flawed data on “potential” offenders may be used to train other <a href="https://mashable.com/2017/10/26/children-predictive-policing-australia/">predictive policing tools</a>.</p>
<p>We know from past research that automated hate-speech detection systems can harbour inherent <a href="https://arxiv.org/abs/2005.13041">racial</a> and <a href="https://arxiv.org/abs/1707.01477">gender biases</a> (and perpetuate them). At the same time we’ve seen examples of AI trained on <a href="https://www.netflix.com/au/title/81328723">prejudicial data</a> making important <a href="https://nyupress.org/9781479837243/algorithms-of-oppression/">decisions about people’s lives</a>, such as by giving <a href="https://rlc.org.au/publication/media-release-call-end-predictive-policing-targeting-children-young-ten">criminal risk assessment scores</a> that negatively impact marginalised groups.</p>
<p>Dating apps must do a lot more to understand how their users think about safety and harm online. A potential partnership between Tinder and NSW Police takes for granted that the <a href="https://reason.com/2021/03/27/will-feminists-please-stop-calling-the-cops/">solution to sexual violence </a> simply involves <a href="https://jacobinmag.com/2020/08/prison-reform-sex-offenders-feminism/">more law enforcement and technological surveillance</a>. </p>
<p>And even so, tech initiatives must always sit alongside well-funded and comprehensive sex education, consent and relationship skill-building, and well-resourced crisis services. </p>
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<p><em>The Conversation was contacted after publication by a Match Group spokesperson who shared the following:</em></p>
<p><em>“We recognize we have an important role to play in helping prevent sexual assault and harassment in communities around the world. We are committed to ongoing discussions and collaboration with global partners in law enforcement and with leading sexual assault organizations like RAINN to help make our platforms and communities safer. While members of our safety team are in conversations with police departments and advocacy groups to identify potential collaborative efforts, Match Group and our brands have not agreed to implement the NSW Police proposal.”</em></p><img src="https://counter.theconversation.com/content/159811/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Rosalie Gillett receives funding from the Australian Research Council Centre of Excellence for Automated Decision-Making and Society. She is also the recipient of a Facebook Content Governance grant.</span></em></p><p class="fine-print"><em><span>Kath Albury receives funding from the Australian Research Council Centre of Excellence for Automated Decision-Making and Society. She is also the recipient of an Australian eSafety Commission Online Safety grant.</span></em></p><p class="fine-print"><em><span>Zahra Zsuzsanna Stardust receives funding from the Australian Research Council Centre of Excellence for Automated Decision-Making and Society. </span></em></p>Granting police access to Tinder users’ information is problematic for many reasons (even if the intent is to keep people safe).Rosalie Gillett, Postdoctoral Research Fellow, Centre of Excellence for Automated Decision-Making and Society, Queensland University of Technology, Queensland University of TechnologyKath Albury, Professor of Media and Communication and Associate Investigator, ARC Centre of Excellence for Automated Decision-Making + Society, Swinburne University of TechnologyZahra Zsuzsanna Stardust, Postdoctoral Research Fellow, Centre of Excellence in Automated Decision-Making and Society, Queensland University of TechnologyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1593232021-04-28T02:34:15Z2021-04-28T02:34:15ZNew Zealand’s first successful ‘stealthing’ prosecution leads the way for law changes in Australia and elsewhere<figure><img src="https://images.theconversation.com/files/397262/original/file-20210427-13-6c0jh5.jpg?ixlib=rb-1.1.0&rect=0%2C0%2C4500%2C2991&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">www.shutterstock.com</span></span></figcaption></figure><p>Last week’s <a href="https://www.nzherald.co.nz/nz/man-sentenced-to-jail-for-rape-after-removing-condom-without-consent/NVRGH4GJNZLIEKSENRIDUHZJMI/">sentencing</a> of a Wellington man for rape was legally significant for being New Zealand’s first successful prosecution for what is known as “stealthing”.</p>
<p>Stealthing occurs when a condom is removed without consent during sexual intercourse. In these cases, a person may have consented to sex but only under certain conditions — for example, with the use of a condom. </p>
<p>In this case, Jessie Campos was found guilty of raping a sex worker in a Lower Hutt brothel in late 2018, and sentenced to three years and nine months in prison. The court was told he was made aware on several occasions a condom was legally required and he agreed to use one.</p>
<p>The two had consensual sex with protection, but when they had sex again Campos removed the condom. The woman indicated he had acted inappropriately and made him put the condom back on. Without her knowledge, Campos again removed the condom and ejaculated inside her. The woman ran to her manager’s office and the police were called. </p>
<p>Judge Stephen Harrop said sex workers were no less victims than any other survivor. He also rejected the defence claim that the stealthing was not premeditated and that cultural factors were relevant to the sentencing (Campos arrived in New Zealand from the Philippines in 2016). </p>
<p>Judge Harrop said Campos was told multiple times that a condom was necessary, adding: “I can’t proceed on the basis that raping sex workers is any more acceptable [in the Philippines] than it is here.”</p>
<p>The judge also said the sexual assault had risked the woman’s physical health and had caused her ongoing mental harm. In her victim impact statement, she said her world view has changed, she has had to cease work and almost never leaves home alone. </p>
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<h2>Recognising stealthing as a crime</h2>
<p>The conviction is significant because it recognises everyone has a right not only to choose to consent to sexual activity, but also to choose what conditions are placed on that consent.</p>
<p>This is also significant for the New Zealand police who have been <a href="https://www.nzherald.co.nz/nz/sex-assault-i-felt-judged-womans-anger-after-taking-stealthing-case-to-police/4KP5C6PNPNGQIGEHEOYBWGJTBI/">accused</a> of not taking reports of stealthing seriously in the past.</p>
<p>Furthermore, the landmark New Zealand judgment paves the way for other countries to reconsider their laws. There is currently a <a href="https://canberraweekly.com.au/expert-applauds-lees-bid-to-ensure-stealthing-is-criminal-in-act/">proposal to outlaw stealthing</a> “as a factor that negates consent” before the Australian Capital Territory Legislative Assembly.</p>
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Read more:
<a href="https://theconversation.com/case-in-victoria-could-set-new-legal-precedent-for-stealthing-or-removing-condom-during-sex-118343">Case in Victoria could set new legal precedent for stealthing, or removing condom during sex</a>
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<p>Last year, the New South Wales Law Reform Commission also <a href="https://www.lawreform.justice.nsw.gov.au/Documents/Publications/Reports/Report%20148.pdf">suggested changes</a> to the state’s legislative regime. These would mean sex with a condom is legally defined as a specific activity that can be consented to, without consenting to any other sexual activity, such as sex without a condom.</p>
<p>So far, only one Australian case has made it to court, with a Melbourne man charged with rape in 2018 after <a href="https://www.theage.com.au/national/victoria/top-surgeon-charged-with-rape-after-removing-condom-without-permission-20190530-p51sxh.html">allegedly removing a condom without consent</a>. The trial has been delayed by the pandemic. </p>
<p>Further afield, Switzerland, Canada and Germany have all seen convictions for stealthing.</p>
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<h2>Physical and psychological risk</h2>
<p>While these proposed changes are a step in the right direction, it is clear stealthing is still not well understood. This is perhaps not surprising, as issues of consent in general remain a real problem in the community and the courts.</p>
<p>As the acclaimed TV drama series I May Destroy You <a href="https://www.abc.net.au/everyday/why-stealthing-is-a-violation-of-consent/12639172">powerfully depicted</a>, stealthing is about dominance and power and can happen to anyone. While most people will agree that “no means no”, it’s less clear what “yes” can mean. </p>
<p>Specifically, what conditions have been placed on that “yes”? Situations where the agreed conditions have changed – such as when a condom has been removed – should require “<a href="https://www.tandfonline.com/doi/abs/10.1080/10345329.2019.1604474">fresh consent</a>” from both partners. </p>
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Read more:
<a href="https://theconversation.com/teaching-young-people-about-sex-is-too-important-to-get-wrong-here-are-5-videos-that-actually-hit-the-mark-159438">Teaching young people about sex is too important to get wrong. Here are 5 videos that actually hit the mark</a>
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<p>Beyond the moral, ethical and legal considerations, stealthing poses <a href="https://www.tandfonline.com/doi/abs/10.1080/10345329.2019.1604474">real risks</a> to the physical and psychological well-being of the survivor, including sexually transmitted infections, HIV, unplanned pregnancy, depression, anxiety and post-traumatic stress disorder.</p>
<p>Fundamentally, stealthing violates the dignity and autonomy of survivors and is a violation of a person’s right to self-determination. The apparent unwillingness of police to prosecute, combined with a lack of public awareness, has undoubtedly meant stealthing has been under-reported in the past. </p>
<p>It is to be hoped the recent New Zealand conviction increases community awareness and encourages other survivors to come forward and tell their stories. Ultimately, it should lead to other jurisdictions recognising stealthing as a sexual crime and changing their laws to reflect this.</p><img src="https://counter.theconversation.com/content/159323/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Brianna Chesser does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Removing a condom without consent during sex has been recognised as rape by a New Zealand court. Other jurisdictions could follow suit.Brianna Chesser, Senior Lecturer in Criminology and Justice, RMIT UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1587842021-04-25T20:06:53Z2021-04-25T20:06:53ZYoung people learn about relationships from media. You can use books and movies to start discussions<figure><img src="https://images.theconversation.com/files/396686/original/file-20210423-23-13gnbj7.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/59249813@N06/5433846972">norik21/Flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span></figcaption></figure><p>Chanel Contos’ <a href="https://www.smh.com.au/national/hundreds-of-sydney-students-claim-they-were-sexually-assaulted-and-call-for-better-consent-education-20210219-p57449.html">recent petition</a> called for an overhaul of sexual education at schools and for consent to be taught earlier on, and better.</p>
<p>Adequate, formal sexual education is important for young people, but discussions about consent can take place in many situations outside the sex education classroom and outside of school. </p>
<p>Novels, films and plays create a unique way of engaging with and learning about different issues. </p>
<p>But children’s literature <a href="https://muse.jhu.edu/article/247395/summary">includes ideas and beliefs</a> young people may absorb subconsciously. This can be dangerous if readers don’t actively engage with, or interrogate actions on the page. In this way, they are passive and may just come to believe the book’s message — be it appropriate or not.</p>
<p>In a <a href="https://psycnet.apa.org/record/2005-07532-002">2006 study</a>, researchers interviewed 272 teenagers and found they internalised “scripts” about relationships and sexuality. The researchers wrote dynamics between characters “become so internalised and automatic that adolescents may become quite non-reflective about behaviours”. </p>
<p>This suggests some audiences fail to critique the messages they are consuming. The researchers also found young women in particular became involved in narratives. </p>
<p>Because teenagers <a href="https://theconversation.com/honest-and-subtle-writing-about-sex-in-young-adult-literature-48002">are learning about sexuality and relationships from the texts they consume</a> — whether they be books, plays or movies — equipping parents and teachers to tackle these topics is essential. </p>
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Read more:
<a href="https://theconversation.com/i-couldnt-escape-i-wasnt-entirely-sure-i-wanted-to-confusing-messages-about-consent-in-young-adult-fantasy-fiction-156961">'I couldn’t escape. I wasn’t entirely sure I wanted to': confusing messages about consent in young adult fantasy fiction</a>
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<p>The <a href="https://www.vcaa.vic.edu.au/curriculum/vce/vce-study-designs/english-and-eal/Pages/index.aspx">Victoria Curriculum and Assessment Authority</a> produces <a href="https://www.vcaa.vic.edu.au/Documents/vce/english/2020_Text_List_EnglishEAL.docx">a list</a> of books teachers can select from for English in year 12. </p>
<p>Two texts from the list — Jane Austen’s Pride and Prejudice and the 1954 film <a href="https://www.imdb.com/title/tt0047396/">Rear Window</a> — are great examples to show how teachers and parents can begin conversations with young people about consent. Each text provides an opportunity to interact with these issues without reading or viewing explicit scenes. </p>
<h2>Pride and Prejudice and a woman’s agency</h2>
<p>It’s important for young people to see real life sexual situations and to learn from them. But the topics of consent and power imbalances still appear in books and movies that don’t use explicit sex scenes. Seeing the broader context of consent in real life allows for exploring some of the more nuanced issues such as cultural pressures and gender expectations.</p>
<p>For instance, English teachers and parents can use Jane Austen’s <a href="https://www.goodreads.com/book/show/1885.Pride_and_Prejudice">Pride and Prejudice</a> to launch a discussion around consent.</p>
<p>A key aspect of consent is a person’s ability to actually say yes or no, and be believed. When a person’s agency is limited, their ability to actively consent is compromised. In some cases, a person’s gender can negatively impact their agency. This is the case with Elizabeth Bennett. </p>
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<a href="https://images.theconversation.com/files/396696/original/file-20210423-21-1tmfe7y.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="Keira Knightley and Tom Hollander in Pride and Prejudice" src="https://images.theconversation.com/files/396696/original/file-20210423-21-1tmfe7y.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/396696/original/file-20210423-21-1tmfe7y.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/396696/original/file-20210423-21-1tmfe7y.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/396696/original/file-20210423-21-1tmfe7y.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/396696/original/file-20210423-21-1tmfe7y.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/396696/original/file-20210423-21-1tmfe7y.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/396696/original/file-20210423-21-1tmfe7y.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption">Mr Collins doesn’t trust Elizabeth Bennett when she says no.</span>
<span class="attribution"><a class="source" href="https://www.imdb.com/title/tt0414387/mediaviewer/rm1141155328/">IMDB</a></span>
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<p>Let’s take the scene between William Collins and Elizabeth. As he proposes marriage and she refuses, Collins claims it is “the established custom of [her] sex to reject a man”, implying her refusal is customary rather than one of will.</p>
<p>Lizzie responds by saying: “You must give me leave to judge for myself, and pay me the compliment of believing what I say”. In other words, why won’t you take no for an answer? </p>
<p>Collins says he will not be “discouraged” by her clear refusal, and Lizzie again requests the “compliment of being believed sincere”. Collins then states that the “express authority” of her “excellent parents” will result in their marriage. </p>
<p>Collins does not trust Lizzie’s word because she is a woman, and he believes her father will force her to comply. Her ability to say no is complicated by the fact she is a woman. </p>
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Read more:
<a href="https://theconversation.com/four-in-ten-australians-think-women-lie-about-being-victims-of-sexual-assault-107363">Four in ten Australians think women lie about being victims of sexual assault</a>
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<p>Teachers and parents could begin to interrogate this scene by asking:</p>
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<li><p>why does Mr Collins not believe in Lizzie’s right to say no? </p></li>
<li><p>do you think our modern society encourages similar views? </p></li>
<li><p>what gives Lizzie’s father the right to say yes on her behalf?</p></li>
<li><p>do you think we value particular voices over others? </p></li>
<li><p>do you believe women when they say yes, or no? </p></li>
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<p>This one moment in the text could begin conversations around society’s view on female agency and believing women.</p>
<h2>Rear Window and the male gaze</h2>
<p><a href="https://www.vcaa.vic.edu.au/Documents/exams/english/2020/2020VCEEnglishexaminationreport.docx">The most popular text in the 2020 English exam</a>, Rear Window, is told from the perspective of Jeff — a man in a wheelchair. Everything is viewed through his apartment window. The film <a href="https://theconversation.com/explainer-what-does-the-male-gaze-mean-and-what-about-a-female-gaze-52486">raises questions about the male gaze</a>.</p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/explainer-what-does-the-male-gaze-mean-and-what-about-a-female-gaze-52486">Explainer: what does the 'male gaze' mean, and what about a female gaze?</a>
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<p>Critics of the 1954 Alfred Hitchcock film have <a href="https://sites.psu.edu/comm150honors/2016/02/27/rear-window-violating-women-one-gaze-at-a-time/">discussed the many ways</a> Jeff violates women’s agency, especially in his treatment of Miss Torso. </p>
<p>To begin conversations about consent in Rear Window, I would discuss the film’s portrayal of Miss Torso. </p>
<p>As her nickname would suggest, Miss Torso is characterised almost entirely by her appearance. Jeff sees her dancing often and entertaining men. He sexualises Miss Torso even though he does not know her, and has never spoken to her. </p>
<figure>
<iframe width="440" height="260" src="https://www.youtube.com/embed/I3uo8sd_xBc?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">Miss Torso is characterised almost entirely by her appearance.</span></figcaption>
</figure>
<p>Interestingly, when Jeff catches Detective Doyle leering at Miss Torso, he asks “How’s your wife?” Jeff identifies the inappropriateness of Doyle’s gaze, but not his own. </p>
<p>Teachers or parents could ask students:</p>
<ul>
<li><p>does Jeff have a right to watch Miss Torso? </p></li>
<li><p>who is responsible for the way he views her?</p></li>
<li><p>although Jeff does not assault Miss Torso, how is she a victim?</p></li>
<li><p>how might Miss Torso react to knowing she was being watched?</p></li>
<li><p>what does our society think about victim blaming?</p></li>
</ul>
<p>These two texts can be used to start discussions in school classrooms and around dining tables. The <a href="https://www.whatworks.co.za/resources/evidence-reviews/item/664-community-activism-approaches-to-shift-harmful-gender-attitudes-roles-and-social-norms">evidence</a> shows entrenched ideas that contribute to violence and sexual assault need to be tackled through critical reflections about gender, relationships and sexuality.</p>
<p>Literature includes a rich array of ways to get teens talking about the tough issues. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/teaching-young-people-about-sex-is-too-important-to-get-wrong-here-are-5-videos-that-actually-hit-the-mark-159438">Teaching young people about sex is too important to get wrong. Here are 5 videos that actually hit the mark</a>
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<img src="https://counter.theconversation.com/content/158784/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Elizabeth Little receives funding from Deakin University</span></em></p>Jane Austen’s Pride and Prejudice and the film Rear Window are great examples of how parents and teachers can use movies and books to start discussions with young people about consent.Elizabeth Little, PhD Candidate, Deakin UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1594382021-04-22T06:08:15Z2021-04-22T06:08:15ZTeaching young people about sex is too important to get wrong. Here are 5 videos that actually hit the mark<figure><img src="https://images.theconversation.com/files/396437/original/file-20210422-15-1o9ihh0.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/young-loving-couple-hugging-kissing-summer-552953926">Shutterstock</a></span></figcaption></figure><p>Two videos were removed this week from the Australian government’s <a href="https://thegoodsociety.gov.au/">recently released</a> sexuality education resource for schools.</p>
<p>The government <a href="https://ministers.dese.gov.au/tudge/teaching-australian-students-respect-matters">released the Good Society resource</a> in mid April, which consists of more than 350 materials including videos, digital stories and podcasts to teach respectful relationships in schools. The two videos that were removed had been <a href="https://www.abc.net.au/news/2021-04-20/nsw-premier-state-politicians-slam-milkshake-consent-video/100081296">widely criticised</a> by politicians, sexuality educators, and <a href="https://www.theguardian.com/commentisfree/2021/apr/20/consent-education-is-too-important-to-become-a-schoolyard-joke">sexual assault support groups</a> for missing the mark on sex education.</p>
<p>One clip, showing a couple on a film set that looks like a retro diner, aims to teach about consent through the metaphor of a milkshake. After a young man rejects a young woman’s milkshake, she smears milkshake in his face, saying sentence “Drink it all!”. </p>
<p>The scene is followed by somewhat confusing diagrams of a football field with a voiceover explaining ideas about shared decision making. </p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1383941185127911424"}"></div></p>
<p>I’m a visual culture researcher interested in how information about sexuality and relationships can effectively be communicated to young people. I have compiled several examples of sexual education videos that better meet the needs of young people. </p>
<h2>What works in sexual education?</h2>
<p>The milkshake metaphor in the Good Society video is confusing because it is meant to teach about sexual consent, but doesn’t ever mention sex. Nor does it explain what the metaphor stands for.</p>
<p>Young people already see a explicit and distorted representation of sex in pornography. <a href="https://www.abc.net.au/news/2017-06-30/teenagers-porn-use-on-the-rise-research-says/8664842">Generally, boys start watching</a> around the age of 13 and girls around 16. So, it seems antiquated to produce sexuality education resources that don’t speak directly about sex.</p>
<p><a href="https://theconversation.com/worried-about-the-sexualisation-of-children-teach-sex-ed-earlier-10311">Research shows</a> straightforward language is best when teaching young people about sexuality and relationships. </p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1384023880579182598"}"></div></p>
<p>The Good Society resource attempts to use humour to engage the audience. <a href="https://www.tandfonline.com/doi/full/10.1080/08870446.2017.1380812">Research shows</a> humour can be an effective strategy in public health campaigns. However, <a href="https://www.ted.com/talks/thomas_goetz_it_s_time_to_redesign_medical_data?language=en#t-333371">sustained behaviour change</a> relies on easily understood messages, a feeling the information is personally relevant to the targeted audience, and a sense of self-efficacy (the individual knowing how to act on the information they see). </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/not-only-are-some-of-the-governments-consent-videos-bizarre-and-confusing-many-reinforce-harmful-gender-stereotypes-159220">Not only are some of the government's consent videos bizarre and confusing, many reinforce harmful gender stereotypes</a>
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<hr>
<p>Because the Good Society resource was confusing, the humour was confusing as well. And the video failed to create a clear sense of personal relevance and self-efficacy.</p>
<p>Here are videos that work better.</p>
<h2>Australia — rhinos and astronauts</h2>
<p>The Practical Guide to Love, Sex and Relationships was developed by expert sexuality education researchers at the Australian Research Centre in Sex, Health and Society (ARCSHS) at La Trobe University. </p>
<p><a href="https://www.lovesexrelationships.edu.au/">The resource</a> includes a series of humorous but straightforward animated videos dealing with sex, pornography, relationships, consent and gender.</p>
<p>One video for students in years 9 and 10, illustrates sexual desire and consent by using a couple of astronauts and then a couple of pirates. </p>
<p>Though these depictions may sound as confusing as the milkshake metaphor, the metaphors in these videos are clearly explained. And the use of colloquial language provides a sense of relevance. The narrators of the videos talk directly to young people:</p>
<p>“You’re 14, 15, 16 … there’s a lot of shit going on,” says a female narrator. </p>
<p>“That looks like electricity”, a male narrator says when lightning bolts are drawn coming towards the head of a boy.</p>
<p>“It’s a metaphor for all the shit going on,” the female narrator responds.</p>
<figure>
<iframe width="440" height="260" src="https://www.youtube.com/embed/j6qMKMISCPY?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">This video uses many metaphors such as roller coasters, astronauts and even a hilarious parody of John Travolta trying to grope Olivia Newton-John to discuss relationships and consent.</span></figcaption>
</figure>
<p>The drawings are informal and engaging, as opposed to the football field diagrams used in The Good Society resource. </p>
<p>The video ends with a set of questions teenagers can ask themselves to gauge whether they feel comfortable in a situation. Clear advice helps create a sense of self-efficacy.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/not-as-simple-as-no-means-no-what-young-people-need-to-know-about-consent-155736">Not as simple as 'no means no': what young people need to know about consent</a>
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<hr>
<p>Another video, with the same two narrators discusses the stereotypes women and men have to grapple with. It uses a rhinoceros as a metaphor for sexual desire, with a man and woman on top.</p>
<p>The male voice says: “I’m the guy, I’m supposed to be ‘oh yeah, can’t wait to get in her pants.’”</p>
<p>Then the female voice says: “And I’m the girl, I’m supposed to be ‘umm, I don’t know, ummm, I’m not sure umm …’”</p>
<figure>
<iframe width="440" height="260" src="https://www.youtube.com/embed/OBl7HoaBOew?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">A rhinoceros is a metaphor for sexual desire, but the narrators acknowledge that and make a bit of a joke out of it.</span></figcaption>
</figure>
<h2>Sweden’s explicit cartoon</h2>
<p>Scandinavia is known for leading the way in progressive sexuality education. The <a href="https://www.fatherly.com/health-science/international-sex-education/">low teenage pregnancy rates</a> in Scandinavian countries (Norway and the Netherlands have some of the lowest teen rates in the world and Sweden’s is roughly one-fourth of Great Britain’s) are regularly touted as proof of its effectiveness.</p>
<p>In Sweden, an <a href="https://www.youtube.com/watch?v=T-XAR8PIqbs">animated video</a> produced by The Swedish Association for Sexuality Education follows four teenagers receiving an unexpected lesson from a substitute teacher. </p>
<p>As they ask the teacher questions, many topics are discussed from the appearance of genitalia, to respect in relationships and STDs. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/396429/original/file-20210422-13-mvrfo8.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="Cartoon image of a young man with a map of sexual partners behind him. The words underneath say, 'viruses and bacteria don't care if you're in love with your sex partner'." src="https://images.theconversation.com/files/396429/original/file-20210422-13-mvrfo8.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/396429/original/file-20210422-13-mvrfo8.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=330&fit=crop&dpr=1 600w, https://images.theconversation.com/files/396429/original/file-20210422-13-mvrfo8.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=330&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/396429/original/file-20210422-13-mvrfo8.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=330&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/396429/original/file-20210422-13-mvrfo8.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=414&fit=crop&dpr=1 754w, https://images.theconversation.com/files/396429/original/file-20210422-13-mvrfo8.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=414&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/396429/original/file-20210422-13-mvrfo8.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=414&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">The Swedish video discusses many topics related to sex, from the appearance of genitalia to the discomfort of putting on condoms.</span>
<span class="attribution"><a class="source" href="https://www.youtube.com/watch?v=T-XAR8PIqbs">Screenshot from Sex on the Map video</a></span>
</figcaption>
</figure>
<p>The animation includes a scene where two of the students try to have sex, but fumble with condoms and nerves. The scene seems very real, and would be relevant to the lived experience of many teens.</p>
<p>Incorporated into the narrative are gay and lesbian storylines, making it relevant to a diverse audience. The fact the story is animated allows for more explicitness, without moving into the realm of pornography. </p>
<p>The video has an age restriction but can be <a href="https://www.youtube.com/watch?v=T-XAR8PIqbs">viewed on YouTube</a>.</p>
<h2>New Zealand’s porn stars</h2>
<p>Although not part of a school education program, the New Zealand government campaign, <a href="https://www.keepitrealonline.govt.nz/">Keep it Real Online</a>, aims to help parents navigate digital safety. A video shown on television is a good example of how humour can be used effectively to approach sensitive topics. </p>
<p>In the clip two porn stars visit a mother, saying her son has been watching them on every device possible. What makes the video great is its ability to be funny and engaging. And the same time, it allows the viewer to identify with the shocked boy, who is told the porn stars would never act like that in real life, and with the mother, who realises it is time to have frank conversation with her son about sex.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/sexuality-education-can-counter-what-kids-learn-from-porn-but-some-teachers-fear-backlash-when-tackling-risky-topics-158209">Sexuality education can counter what kids learn from porn, but some teachers fear backlash when tackling 'risky' topics</a>
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</p>
<hr>
<p>The humour is disarming, but the lesson is clear: porn is scripted and performed by actors, and should not be perceived as real life.</p>
<figure>
<iframe width="440" height="260" src="https://www.youtube.com/embed/94mINLDSWlk?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">This hilarious video uses disarming humour to get its message across.</span></figcaption>
</figure>
<h2>And then there’s the cup of tea</h2>
<p>And finally, there’s the very well-known video which explains consent through the metaphor of offering someone a cup of tea. Again, it clearly identifies the metaphor in the beginning, and goes through the idea of asking someone for sex, but instead replacing sex with tea. If you ask someone if they want a cup of tea and they’re not sure if they do, then the video advises</p>
<blockquote>
<p>you can make them a cup of tea or not, but be aware they might not drink it, and if they don’t drink it then — and this is the important part — don’t make them drink it.</p>
</blockquote>
<figure>
<iframe width="440" height="260" src="https://www.youtube.com/embed/oQbei5JGiT8?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">This well-known video explains consent through a relatable metaphor of a cup of tea.</span></figcaption>
</figure>
<p>It is crucial we get sexuality education right for teenagers who need to not only navigate sexuality and relationships, but also deal with the proliferation of pornography and technology. </p>
<p>If we want to teach teenagers about sexual consent, we will need to talk about sex not milkshakes. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/young-people-are-hungry-for-good-sex-education-i-found-a-program-in-mexico-that-gets-it-right-156742">Young people are hungry for good sex education. I found a program in Mexico that gets it right</a>
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<img src="https://counter.theconversation.com/content/159438/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Louise Moana Kolff does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>To be effective, a video needs to be clear about its message and relatable. The government’s milkshake video seemingly about consent failed on both counts. But these videos get it right.Louise Moana Kolff, Lecturer, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1569612021-03-15T18:56:10Z2021-03-15T18:56:10Z‘I couldn’t escape. I wasn’t entirely sure I wanted to’: confusing messages about consent in young adult fantasy fiction<figure><img src="https://images.theconversation.com/files/389213/original/file-20210312-17-l34wh.jpg?ixlib=rb-1.1.0&rect=15%2C31%2C5152%2C3414&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://images.unsplash.com/photo-1511405889574-b01de1da5441?ixid=MXwxMjA3fDB8MHxwaG90by1wYWdlfHx8fGVufDB8fHw%3D&ixlib=rb-1.2.1&auto=format&fit=crop&w=2850&q=80">Unsplash/Travis Grossen</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span></figcaption></figure><p>Sexual consent and young people have been in the news lately, from <a href="https://www.theage.com.au/politics/victoria/i-think-i-have-been-raped-several-times-victorian-schools-mentioned-on-online-sexual-consent-petition-balloon-20210310-p579m9.html">an online petition</a> detailing thousands of high schoolers’ recollections of sexual assault and rape to <a href="https://www.sbs.com.au/news/schools-in-australia-will-soon-be-provided-with-sexual-consent-education-materials">calls for better school-based education</a>. </p>
<p>What young people read is another <a href="https://www.hypable.com/sex-in-ya-novels-is-important/">important form of sexual education</a>. Young adult (YA) fiction has a unique role to play in representing sexual relationships, but a number of popular YA fantasy novels send confusing and potentially harmful messages about sex and consent. Often, these are not addressed, such as when Shalia in the <a href="https://www.goodreads.com/en/book/show/25566671-reign-the-earth">Reign the Earth</a> series (2018-2020) is forced to consummate her marriage.</p>
<blockquote>
<p>‘I didn’t feel love, or lust, or heat. I felt frightened … panicked beneath him.’</p>
</blockquote>
<p>Rather than echo the “<a href="https://theconversation.com/bodice-rippers-and-bad-education-do-romance-novels-lead-to-sexual-mistakes-2283">bodice ripper</a>” content of some adult fantasy novels (where sex <a href="https://www.theatlantic.com/sexes/archive/2013/03/beyond-bodice-rippers-how-romance-novels-came-to-embrace-feminism/274094/">usually begins with domination</a>), books for young readers can be an opportunity to unpack what consent is and isn’t.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/389226/original/file-20210312-13-16qun2e.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/389226/original/file-20210312-13-16qun2e.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/389226/original/file-20210312-13-16qun2e.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/389226/original/file-20210312-13-16qun2e.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/389226/original/file-20210312-13-16qun2e.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/389226/original/file-20210312-13-16qun2e.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/389226/original/file-20210312-13-16qun2e.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/389226/original/file-20210312-13-16qun2e.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Some books in the young adult fantasy genre echo the ‘bodice rippers’ of yesteryear.</span>
<span class="attribution"><a class="source" href="https://unsplash.com/photos/xU34s6wuxyU">Unsplash/Hanna Postova</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
</figcaption>
</figure>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/teen-summer-reads-how-to-escape-to-another-world-after-a-year-stuck-in-this-one-150646">Teen summer reads: how to escape to another world after a year stuck in this one</a>
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</p>
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<h2>Characters young people relate to</h2>
<p>Research shows young people <a href="https://theconversation.com/honest-and-subtle-writing-about-sex-in-young-adult-literature-48002">use YA fiction as a source of sex education</a>. Teens turn to novels to learn through the actions of characters they relate to. They identify with what is happening on the page and learn without having to seek advice or information from adults or peers. </p>
<p><a href="https://psycnet.apa.org/record/2005-07532-002">Studies</a> have also shown representations of sexual intimacy provide a behavioural script for young readers. These scripts are then put to use during their own sexual encounters. In one study, researchers heard from girls who used episodes of <a href="https://www.imdb.com/title/tt0118276/">Buffy the Vampire Slayer</a> to learn new “date moves”.</p>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/389217/original/file-20210312-21-1pt13tk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="Book cover: Twilight" src="https://images.theconversation.com/files/389217/original/file-20210312-21-1pt13tk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/389217/original/file-20210312-21-1pt13tk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=902&fit=crop&dpr=1 600w, https://images.theconversation.com/files/389217/original/file-20210312-21-1pt13tk.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=902&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/389217/original/file-20210312-21-1pt13tk.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=902&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/389217/original/file-20210312-21-1pt13tk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1134&fit=crop&dpr=1 754w, https://images.theconversation.com/files/389217/original/file-20210312-21-1pt13tk.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1134&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/389217/original/file-20210312-21-1pt13tk.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1134&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption"></span>
<span class="attribution"><a class="source" href="https://i.gr-assets.com/images/S/compressed.photo.goodreads.com/books/1361039443l/41865.jpg">Goodreads</a></span>
</figcaption>
</figure>
<p>Because sex is a natural area of interest for readers, realist YA fiction engages with questions of sexual consent in clear ways. YA fantasy — the genre that includes the <a href="https://www.goodreads.com/book/show/41865.Twilight?from_search=true&from_srp=true&qid=lj3dqXfG4q&rank=1">Twilight</a> series and <a href="https://www.goodreads.com/book/show/2767052-the-hunger-games?from_search=true&from_srp=true&qid=YFY9IDgzyJ&rank=1">The Hunger Games</a> — can omit some important aspects of this. </p>
<p>Psychologists have <a href="https://www.psychologytoday.com/au/blog/psychologist-the-movies/201111/relationship-violence-in-twilight">characterised</a> schoolgirl Bella’s relationship with vampire Edward in Twilight as a template for violence and abuse, concerned fans may model real-life relationships on the narrative. Jealous Edward isolates Bella from her friends, family and potential love rivals, even sabotaging her car to prevent her escape from him. </p>
<p>Fantasy fiction is often set in a different time or place, but it still reflects contemporary concerns. </p>
<p>In many of these novels, the female character’s ability to say “yes” is denied to her. In Shelby Mahurin’s <a href="https://www.goodreads.com/book/show/40024139-serpent-dove?from_search=true&from_srp=true&qid=MPUAkzNnl8&rank=1">Serpent and Dove</a> (2019), the female protagonist is forced into marriage. Brigid Kemmerer’s <a href="https://www.goodreads.com/book/show/43204703-a-curse-so-dark-and-lonely?ac=1&from_search=true&qid=YyxsAWWU8s&rank=1">A Curse So Dark and Lonely</a> (2019) gains inspiration from <a href="https://www.goodreads.com/book/show/5784403-beauty-and-the-beast?from_search=true&from_srp=true&qid=4LJMsboGig&rank=4">Beauty and the Beast</a>, with the female protagonist captured and unable to consent to her relationship. Neither novel discusses how consent is compromised.</p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/friday-essay-why-ya-gothic-fiction-is-booming-and-girl-monsters-are-on-the-rise-95921">Friday essay: why YA gothic fiction is booming - and girl monsters are on the rise</a>
</strong>
</em>
</p>
<hr>
<h2>‘Too shy to say the words’</h2>
<p>In Holly Black’s <a href="https://www.goodreads.com/book/show/26032825-the-cruel-prince?from_search=true&from_srp=true&qid=Q1woSqhdSW&rank=1">The Cruel Prince</a> series (2018-2019), Prince Cardan physically and emotionally abuses orphan girl Jude during their relationship. Her consent to intimacy is mired in domestic violence. </p>
<figure class="align-left zoomable">
<a href="https://images.theconversation.com/files/389216/original/file-20210312-19-mb0arz.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="book cover: The Cruel Prince" src="https://images.theconversation.com/files/389216/original/file-20210312-19-mb0arz.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/389216/original/file-20210312-19-mb0arz.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=899&fit=crop&dpr=1 600w, https://images.theconversation.com/files/389216/original/file-20210312-19-mb0arz.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=899&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/389216/original/file-20210312-19-mb0arz.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=899&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/389216/original/file-20210312-19-mb0arz.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1130&fit=crop&dpr=1 754w, https://images.theconversation.com/files/389216/original/file-20210312-19-mb0arz.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1130&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/389216/original/file-20210312-19-mb0arz.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1130&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption"></span>
<span class="attribution"><a class="source" href="https://i.gr-assets.com/images/S/compressed.photo.goodreads.com/books/1574535986l/26032825._SY475_.jpg">Goodreads</a></span>
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</figure>
<p>When they do have sex, she does not verbally consent. Jude is “too shy to say the words” and just “kisses him instead”. This example of sexual consent contradicts models of positive consent as an “enthusiastic yes” or the viral video many young people are shown depicting consent as similar to offering someone a <a href="https://www.youtube.com/watch?v=oQbei5JGiT8">cup of tea</a>.</p>
<p>Sarah J. Maas’ popular series, <a href="https://www.goodreads.com/book/show/16096824-a-court-of-thorns-and-roses?from_search=true&from_srp=true&qid=q0sFbownpo&rank=1">A Court Of Thorns and Roses</a> (2015-2021) begins with a romantic relationship between Feyre and Tamlin in a magical kingdom. The series has sold over <a href="https://www.thebookseller.com/news/maas-turns-ya-author-bloomsbury-787586#:%7E:text=Maas'%20epic%20fantasy%20series%20Throne,36%20languages%2C%20said%20the%20publisher.">six million copies</a>. </p>
<p>Yet, in the first book, a serious violation of consent occurs. When Tamlin attempts to kiss Feyre, she tells him to “let go”, but instead he embeds his claws in a wall behind her head. When she pushes him away, he “grabs [her] hands and bites [her] neck”. </p>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/389211/original/file-20210312-19-k0wasb.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/389211/original/file-20210312-19-k0wasb.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/389211/original/file-20210312-19-k0wasb.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=911&fit=crop&dpr=1 600w, https://images.theconversation.com/files/389211/original/file-20210312-19-k0wasb.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=911&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/389211/original/file-20210312-19-k0wasb.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=911&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/389211/original/file-20210312-19-k0wasb.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1144&fit=crop&dpr=1 754w, https://images.theconversation.com/files/389211/original/file-20210312-19-k0wasb.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1144&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/389211/original/file-20210312-19-k0wasb.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1144&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption"></span>
<span class="attribution"><a class="source" href="https://www.goodreads.com/book/show/16096824-a-court-of-thorns-and-roses?from_search=true&from_srp=true&qid=q0sFbownpo&rank=1">Goodreads</a></span>
</figcaption>
</figure>
<p>Feyre’s reaction to Tamlin is confusing as well. While she tells him to stop, she also describes her feelings of sexual arousal. She “couldn’t escape” from Tamlin but “wasn’t entirely sure [she] wanted to”. To Feyre’s fury, the next morning Tamlin says he “can’t be held accountable” for her bruises. But by the next paragraph all is forgiven. </p>
<p>The descriptions of physical pleasure also suggest verbal consent in not the only thing in play. Is she saying no, when she really means yes? </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/relationships-and-sex-education-is-now-mandatory-in-english-schools-australia-should-do-the-same-144348">Relationships and sex education is now mandatory in English schools – Australia should do the same</a>
</strong>
</em>
</p>
<hr>
<h2>Explicit consent</h2>
<p>Of course, some YA fantasy texts address consent explicitly. Tracy Deonn’s <a href="https://www.goodreads.com/book/show/50892338-legendborn?from_search=true&from_srp=true&qid=LAqavceQfB&rank=1">Legendborn</a> (2020) features clear conversations of consent. When Nick asks if he can kiss Bree, she responds “Oh”. He then clarifies “Oh, ‘no’, or oh, ‘yes’?”.</p>
<figure class="align-left zoomable">
<a href="https://images.theconversation.com/files/389209/original/file-20210312-16-zsyahq.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/389209/original/file-20210312-16-zsyahq.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/389209/original/file-20210312-16-zsyahq.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=916&fit=crop&dpr=1 600w, https://images.theconversation.com/files/389209/original/file-20210312-16-zsyahq.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=916&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/389209/original/file-20210312-16-zsyahq.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=916&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/389209/original/file-20210312-16-zsyahq.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1152&fit=crop&dpr=1 754w, https://images.theconversation.com/files/389209/original/file-20210312-16-zsyahq.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1152&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/389209/original/file-20210312-16-zsyahq.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1152&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="attribution"><a class="source" href="https://www.goodreads.com/book/show/32334268-valentine?ac=1&from_search=true&qid=6LB0cbLQU8&rank=1">Goodreads</a></span>
</figcaption>
</figure>
<p>Some books have questionable consent but call it out on the page. In Jodi McAlister’s <a href="https://www.goodreads.com/book/show/32334268-valentine?ac=1&from_search=true&qid=6LB0cbLQU8&rank=1">Valentine</a> series, male faerie Finn uses his powers to enter Pearl’s dreams and lead her into sexual fantasies. When she realises what he’s done, she orders him “out of [her] head”, and they discuss his inappropriate behaviour.</p>
<p>Ambiguous scenes in YA fantasy can provide an opportunity for parents, teachers and young people to discuss consent and sexual intimacy. How are the characters consenting to intimacy? Is there an aspect of consent missing? What would be a better way for these characters to gain consent from each other? Care should be taken not to glorify taking advantage of these ambiguities in an intimate setting.</p>
<p>Classrooms can also be a place to confront the taboos of sexuality by analysing sexual interactions and unpacking how consent is given. <a href="https://theconversation.com/young-people-are-hungry-for-good-sex-education-i-found-a-program-in-mexico-that-gets-it-right-156742">Equipping teachers to facilitate conversations around trust, sex and consent</a> could further the conversation. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/lets-make-it-mandatory-to-teach-respectful-relationships-in-every-australian-school-117659">Let's make it mandatory to teach respectful relationships in every Australian school</a>
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</em>
</p>
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<img src="https://counter.theconversation.com/content/156961/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Elizabeth Little receives funding from Deakin University.</span></em></p><p class="fine-print"><em><span>Kristine Moruzi has received funding from the Australia Research Council. </span></em></p>Millions of people are reading young adult fantasy novels like Twilight or A Court of Thorns and Roses. But the way sexual consent is depicted in these can be confusing or even harmful.Elizabeth Little, PhD Candidate, Deakin UniversityKristine Moruzi, Senior Lecturer in the School of Communication & Creative Arts, Deakin UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1567422021-03-09T19:09:09Z2021-03-09T19:09:09ZYoung people are hungry for good sex education. I found a program in Mexico that gets it right<figure><img src="https://images.theconversation.com/files/388434/original/file-20210309-13-2p5jdw.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/diversity-students-friends-happiness-concept-535611271">Shutterstock</a></span></figcaption></figure><p>More than 30,000 people have <a href="https://www.teachusconsent.com/">signed a petition</a>, launched by ex-Sydney school girl Chanel Contos, demanding for consent to be at the forefront of sexual education in schools. The text in the petition states:</p>
<blockquote>
<p>Those who have signed this petition have done so because they are sad and angry that they did not receive an adequate education regarding what amounts to sexual assault and what to do when it happens.</p>
</blockquote>
<p>The petition encouraged a growing number of harrowing <a href="https://www.teachusconsent.com/testimonies">testimonies</a> from young women throughout Australia about their experiences of sexual assault at parties.</p>
<p>School principals, particularly in all-boys schools, have responded by <a href="https://www.proquest.com/docview/2495592029/fulltext/A8C63A0A5F3E430EPQ/7?accountid=12528">acknowledging the need for a cultural shift</a>. Some schools have gathered students for <a href="https://www.smh.com.au/national/nsw/rape-culture-reckoning-as-wave-of-sexual-assault-claims-unleashed-20210225-p575r2.html">sessions about consent</a>, others addressed the topic in the classroom, <a href="https://www.smh.com.au/national/talk-to-your-child-about-sexual-consent-because-schools-can-t-manage-this-alone-20210228-p576g6.html">some have asked parents</a> to engage their children in discussions about sexual consent and social norms. </p>
<p>But <a href="https://www.alignplatform.org/resources/preventing-violence-against-women-and-girls-community-activism-approaches-shift-harmful">studies show</a> one-off conversations or education sessions about consent and rape are unlikely to influence long-term change. Interventions need to systematically and gradually address the harmful social norms that underpin a host of interrelated issues including rape culture, intimate partner violence and homophobic bullying.</p>
<p>I <a href="https://www.lshtm.ac.uk/research/centres-projects-groups/ipv-prevention-mexico">evaluated a sexuality education program</a> in Mexico City. My evaluation highlighted a number of factors that can help shift harmful beliefs and behaviours related to gender, sexuality and relationships.</p>
<h2>Engaging students in discussions</h2>
<p><a href="https://www.whatworks.co.za/resources/evidence-reviews/item/664-community-activism-approaches-to-shift-harmful-gender-attitudes-roles-and-social-norms">Evidence from around the globe</a> suggests that to transform the harmful gender norms that contribute to violence and sexual assault, programs should promote critical reflections about gender, relationships and sexuality. Evidence also shows such reflection takes time. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/lets-make-it-mandatory-to-teach-respectful-relationships-in-every-australian-school-117659">Let's make it mandatory to teach respectful relationships in every Australian school</a>
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<p>A community-based organisation providing sexual and reproductive health services throughout Mexico adapted their sexuality course in 2016. It was a 20 hour course, delivered weekly over one semester to 185 students in one school. Each group of 20 participants aged 14 to 17 had one facilitator.</p>
<p>The facilitators in the course were young people (under 30 years of age). They were trained as professional health educators, and to <a href="https://www.alignplatform.org/sites/default/files/2019-03/preventing_intimate_partner_violence.pdf">facilitate activities that promote critical reflection</a> among students about entrenched beliefs and social norms. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/388416/original/file-20210309-22-90vc3r.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="Students in classroom talking." src="https://images.theconversation.com/files/388416/original/file-20210309-22-90vc3r.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/388416/original/file-20210309-22-90vc3r.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=304&fit=crop&dpr=1 600w, https://images.theconversation.com/files/388416/original/file-20210309-22-90vc3r.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=304&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/388416/original/file-20210309-22-90vc3r.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=304&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/388416/original/file-20210309-22-90vc3r.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=383&fit=crop&dpr=1 754w, https://images.theconversation.com/files/388416/original/file-20210309-22-90vc3r.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=383&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/388416/original/file-20210309-22-90vc3r.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=383&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Students can be encouraged to discuss lived experiences, and debate them in class.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/group-young-people-sitting-classroom-talking-1144633550">Shutterstock</a></span>
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<p>Such conversations can be about things like the nature of love and behaviours that are good and bad in a relationship.</p>
<p>In the program, students engaged in debates about romantic jealousy, and whether it was a sign of love. One student told me:</p>
<blockquote>
<p>they told us […] about what is love and what is not love. I told my boyfriend, “they told us that jealousy is bad”, and he replied, “that’s right, because it means a lack of trust”, and in this way, we sometimes talked about the course. </p>
</blockquote>
<p>Vignettes that were relevant to the students’ lived experiences stimulated debates about gender roles and social norms. For example, student said: </p>
<blockquote>
<p>One of the things my classmate said stayed with me. He said that the man has to work and the woman should stay in the house. It made me, like, think. I think that a woman doesn’t need to always be at home […] as if it were a prison. I think you need to give freedom to both people in a relationship.</p>
</blockquote>
<p>These group conversations can be challenging. They may also be upsetting to participants, and could even provoke verbal harassment or violence. </p>
<p>One facilitator described bullying and violence during some sessions of the course. </p>
<blockquote>
<p>The group started to verbally attack each other, and it was one corner of the room against the other.</p>
</blockquote>
<p>This means facilitators need training not only on the concepts of gender, sexuality and relationships, but also on how best to directly address <a href="https://academic.oup.com/heapol/article/35/8/993/5881794">comments that may reinforce harmful gender norms</a> or other types of violence in the classroom and use those as teaching moments to highlight the consequences of harmful social norms.</p>
<h2>Was the program successful?</h2>
<p>I saw the students become more comfortable talking about relationships and sexuality as the course progressed. One young man said:</p>
<blockquote>
<p>before the course, it made us a bit embarrassed to talk about sexual and reproductive health. But afterwards we understood, with the course, that it was, like, very natural to talk about it. It’s like any other thing, and so I now feel fine talking about it.</p>
</blockquote>
<p>As a result of the program, some students said they directly addressed negative behaviours in their own relationships. And some even left controlling relationships. </p>
<p>One student said:</p>
<blockquote>
<p>You know the information they told us about relationships? I was thinking about that, and then I decided to talk to my girlfriend about her controlling behaviour.</p>
</blockquote>
<p>The students also developed trust in the course facilitators over time. One young man said:</p>
<blockquote>
<p>As time passed, they gave me confidence that if at any moment I need something I can ask them for help, it won’t be a problem.</p>
</blockquote>
<p>The facilitators made referrals to health care, provided advice and support, and in one case accompanied a participant to obtain care. </p>
<h2>What needs to happen in Australia</h2>
<p>In Australia, the <a href="https://theconversation.com/relationships-and-sex-education-is-now-mandatory-in-english-schools-australia-should-do-the-same-144348">quality and extent of implementation</a> of sexual education is often left up to individual teachers or schools. But many teachers called on to deliver sexuality education <a href="https://apo.org.au/node/53187">feel unprepared to go beyond factual biological instruction</a>. </p>
<p>A government mandate — as seen in a <a href="https://theconversation.com/relationships-and-sex-education-is-now-mandatory-in-english-schools-australia-should-do-the-same-144348">handful of countries</a> such as the United Kingdom, Germany and the Netherlands — is needed to ensure high quality sexuality education is delivered to all young people in Australia. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/relationships-and-sex-education-is-now-mandatory-in-english-schools-australia-should-do-the-same-144348">Relationships and sex education is now mandatory in English schools – Australia should do the same</a>
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<p>But even when mandated, implementation at a national scale is challenging. To effectively deliver such programs, resources should be put towards developing a large cohort of health educators who are trained and supported to deliver quality sexual education. </p>
<p>A nation-wide program could be implemented through a partnership between national and state governments and community-based organisations already experienced with sexuality education.</p>
<h2>Parents can get involved too</h2>
<p>As shown in the quotes above, the young people in the Mexico City course <a href="https://link.springer.com/article/10.1007%2Fs13178-019-00389-x">discussed topics from their sexuality course</a> with peers, partners and parents. </p>
<p>This suggests that, even if parents feel unprepared to educate their children about sexual health, sexuality education can provide a bridge to open and reflective conversations. These can be a two-way exchange so parents need not serve as the educator, and can themselves benefit along with their children. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/not-as-simple-as-no-means-no-what-young-people-need-to-know-about-consent-155736">Not as simple as 'no means no': what young people need to know about consent</a>
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<p>My research on prevention programming, as well as <a href="https://journals.sagepub.com/doi/10.3102/0034654316632061">reviews of school-based interventions</a> more broadly, reinforces the centrality of schools, both as settings in which violence is perpetrated, and as a site for its prevention.</p>
<p>Schools are often <a href="https://www.sciencedirect.com/science/article/abs/pii/S0140197111000248?via%3Dihub">heteronormative institutions</a> and can perpetuate toxic masculinity and rape culture. Investing in good quality sexual education can prevent the “downstream” effects we are seeing now in the testimonials about sexual assault in schools and in the national parliament.</p><img src="https://counter.theconversation.com/content/156742/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Shelly Makleff does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>A sexual education program in Mexico City provides a blueprint for Australia. It shows how to engage students in conversations about lived experiences, among other effective methods.Shelly Makleff, Research Fellow, Global and Women's Health, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1417722020-08-04T04:05:03Z2020-08-04T04:05:03ZQueensland rape law ‘loophole’ could remain after review ignores concerns about rape myths and consent<figure><img src="https://images.theconversation.com/files/350971/original/file-20200804-20-147vol3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>The Queensland government has quietly released the state Law Reform Commission’s <a href="https://www.parliament.qld.gov.au/Documents/TableOffice/TabledPapers/2020/5620T1217.pdf">long-awaited report</a> on reforming the state’s controversial sexual consent laws. </p>
<p>After much lobbying by survivors of sexual assault for comprehensive changes to the law, the recommendations are a huge disappointment.</p>
<p>The QLRC review was prompted by <a href="https://www.brisbanetimes.com.au/national/queensland/it-is-horrific-the-queensland-law-allowing-rapists-off-scot-free-20190607-p51vmn.html">concerns</a> <a href="https://www.thesaturdaypaper.com.au/opinion/topic/2019/05/25/time-reform-queensland-consent-laws/15587064008200">about</a> the mistake of fact excuse in rape cases — what some have called a “<a href="https://www.abc.net.au/news/2019-07-09/mistake-of-fact-defence-review-queensland/11291856">loophole</a>” that allows rapists to walk free. </p>
<p>Defendants in rape trials often argue the other person consented to sex. However, the <a href="http://www5.austlii.edu.au/au/legis/qld/consol_act/cc189994/s24.html">mistake of fact</a> excuse also allows defendants to argue they <em>honestly and reasonably</em> believed the other person consented to sex — even if that person did not. The excuse has been part of Queensland law since 1899.</p>
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Read more:
<a href="https://theconversation.com/australian-law-doesnt-go-far-enough-to-legislate-affirmative-consent-nsw-now-has-a-chance-to-get-it-right-125719">Australian law doesn't go far enough to legislate affirmative consent. NSW now has a chance to get it right</a>
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<p>The state attorney-general, Yvette D’Ath, <a href="https://www.qlrc.qld.gov.au/__data/assets/pdf_file/0008/646667/consent-laws-amended-terms-of-reference.pdf">asked</a> the QLRC to examine the mistake of fact excuse last July, along with the state’s consent laws generally. </p>
<p>This followed a <a href="https://communitylegalqld.org.au/sites/default/files/downloads/mentions/navigating_legal_system.pdf">high-profile</a> <a href="https://www.consentlawqld.com/">campaign</a> led by Women’s Legal Service Queensland, author and activist <a href="https://www.bri-lee.com/">Bri Lee</a> and myself. </p>
<p>The Queensland Law Society and the Queensland Bar Association both <a href="https://www.qls.com.au/About_QLS/News_media/Media_releases/QLS_opposes_change_to_120-year-old_sexual_consent_laws">strenuously</a> <a href="https://www.pressreader.com/australia/the-courier-mail/20190708/282063393527689">opposed</a> any reforms to the existing laws on consent and mistake of fact, claiming there was insufficient evidence of the need for changes. The QLRC’s report effectively endorses this position, while giving the superficial appearance of progressive change. </p>
<p>None of the five recommendations significantly changes the existing law. The proposals do nothing to strengthen the law on sexual consent, nor do they address the problems that prompted the review in the first place. </p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1289119800329814016"}"></div></p>
<h2>The definition of consent</h2>
<p>Rape in Queensland is <a href="http://www5.austlii.edu.au/au/legis/qld/consol_act/cc189994/s349.html">defined</a> as sexual intercourse without free and voluntary consent. The QLRC’s report recommends three amendments to the <a href="http://www5.austlii.edu.au/au/legis/qld/consol_act/cc189994/s348.html">definition of consent</a> in the criminal code. </p>
<p>The first change would state that a person is not assumed to have consented to a sexual act just because they don’t actively say no. This is an important principle. However, as the QLRC acknowledges, it is already well established in case law.</p>
<p>Importantly, this proposal leaves open the possibility that passivity can still amount to consent in some circumstances. The QLRC quotes a <a href="https://www.queenslandjudgments.com.au/case/id/312540">recent judgement</a> by the Queensland Court of Appeal president, which says “in some circumstances” consent may be expressed “by remaining silent and doing nothing”. </p>
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<strong>
Read more:
<a href="https://theconversation.com/rape-sexual-assault-and-sexual-harassment-whats-the-difference-93411">Rape, sexual assault and sexual harassment: what’s the difference?</a>
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<p>The second recommendation by the QLRC would clarify the same definition of consent applies to rape and other sexual assaults. This is a technical reform that does not change the definition of consent itself.</p>
<p>The third reform would amend the law to state there is no consent in situations where a sexual act continues after consent is actively withdrawn. This principle, too, is already part of case law. </p>
<p>This reform is potentially problematic because it seems to put the onus on people who are subjected to unwanted sexual acts to withdraw their consent. This may not be realistic when a previously consensual sexual encounter turns violent or the nature of the activity suddenly changes. </p>
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<h2>Mistake of fact and consent</h2>
<p>The QLRC’s fourth and fifth reforms address the mistake of fact excuse. </p>
<p>The fourth reform would allow juries to consider anything a defendant said or did to determine if the other person wanted to have sex in deciding whether the defendant made an honest and reasonable mistake.</p>
<p>This amendment, too, does not change the existing law. Notably, the proposal falls short of <a href="https://theconversation.com/australian-law-doesnt-go-far-enough-to-legislate-affirmative-consent-nsw-now-has-a-chance-to-get-it-right-125719">requiring</a> defendants show the positive steps they took to ascertain consent — as is the case in Tasmania.</p>
<p>In practice, this means defendants could point to anything they said or did to determine consent, no matter how inadequate, to bolster their mistake of fact argument. On the other hand, a defendant who did nothing to ascertain consent may still be able to use the excuse.</p>
<p>The QLRC’s fifth recommendation clarifies that a defendant cannot rely on their drunkenness to argue a mistake about consent was reasonable. This principle, like the others, is already part of case law. </p>
<p>Under the existing law, a defendant’s intoxication does not make their mistaken belief more likely to be reasonable. It can, however, make the mistake more likely to be considered honest. </p>
<p>The defendant’s drunkenness can therefore <a href="https://www.consentlawqld.com/intoxication">lower the bar</a> for the mistake of fact excuse. The QLRC’s proposal does nothing to change this. </p>
<h2>Survivors’ concerns ignored</h2>
<p>The QLRC’s report completely ignores the most serious problems with the current law. The mistake of fact excuse can potentially be used even if a person is <a href="https://www.sclqld.org.au/caselaw/QCA/2004/363">asleep</a> or <a href="https://www.sclqld.org.au/caselaw/QCA/2006/397">heavily intoxicated</a> when a defendant has sex with them. The report says nothing about this.</p>
<p>There is also no mention of the role of the <a href="https://www.consentlawqld.com/the-freeze">freezing response</a> in mistake of fact cases, where rape victims “<a href="https://psycnet.apa.org/record/1993-29912-001">freeze</a>” and are unable to vigorously fight off their attackers. </p>
<p>The QLRC’s own research found the mistake of fact excuse was raised more often in cases where a victim gives evidence of freezing during an attack or trying to placate an attacker. This potentially allows the defendant to use the victim’s lack of resistance to avoid conviction. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/cyber-justice-how-technology-is-supporting-victim-survivors-of-rape-56022">Cyber justice: how technology is supporting victim-survivors of rape</a>
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<p>The QLRC report also ignores the role of rape myths in the mistake of fact excuse. Rape myths are false beliefs about sexual violence, like the idea that flirting with someone, kissing them or going to their house means you are “asking for sex”. All these factors have been <a href="https://www.sclqld.org.au/caselaw/QCA/2012/27">found</a> to potentially support a defendant’s mistaken belief in consent.</p>
<p>The QLRC report relies heavily on research from the UK to dismiss the idea that jurors are influenced by rape myths. This research, as the QLRC admits, “has not yet been published or peer reviewed”. </p>
<p>By contrast, the report overlooks recent <a href="https://www.tandfonline.com/doi/abs/10.1080/10383441.2013.10854783">peer-reviewed</a> <a href="https://academic.oup.com/bjc/article-abstract/59/2/296/5127722">Australian</a> <a href="https://journals.sagepub.com/doi/abs/10.1177/1748895819880953">research</a> showing rape myths continue to influence rape trials.</p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1289162475317993472"}"></div></p>
<h2>What would real reform look like?</h2>
<p>Bri Lee and I have proposed in <a href="https://www.academia.edu/42455121/The_Mistake_of_Fact_Excuse_in_Queensland_Rape_Law_Some_Problems_and_Proposals_for_Reform">peer-reviewed research</a> that the mistake of fact excuse be limited so it can’t be used when a defendant is reckless or does nothing to find out if the other person is consenting.</p>
<p>Our proposal would also remove the excuse in cases where a victim is asleep, unconscious or heavily intoxicated, as well as preventing a defendant’s drunkenness from counting in their favour.</p>
<p>This proposal was unanimously endorsed by 39 sexual violence survivors and their supporters at a consultation session held by the QLRC in February. </p>
<p>The QLRC report mentions the session in passing, but does not discuss the views expressed at the meeting. The legal profession’s preference for the status quo seems to have prevailed over survivors’ calls for reform. </p>
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<p><em>If you or someone you know is impacted by sexual assault or family violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call 000.</em></p><img src="https://counter.theconversation.com/content/141772/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Jonathan Crowe is Director of Research at Rape and Sexual Assault Research and Advocacy. He is involved in a public advocacy campaign with author and activist Bri Lee to reform the mistake of fact excuse in Queensland rape law.</span></em></p>Queensland’s 120-year-old mistake of fact excuse allows defendants to argue they honestly and reasonably believed the other person consented to sex — even if they did not.Jonathan Crowe, Professor of Law, Bond UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1330802020-03-23T19:05:05Z2020-03-23T19:05:05ZWhat happens in Vegas … why consent matters in ‘Sin City’ and other sex tourism cities<figure><img src="https://images.theconversation.com/files/321450/original/file-20200318-1953-kua4ac.jpg?ixlib=rb-1.1.0&rect=67%2C218%2C1667%2C1129&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Paul Maginn</span>, <span class="license">Author provided</span></span></figcaption></figure><p>Mention the phrase “sex tourism” in conversation and most people will cringe in disgust. </p>
<p>Why? People often picture old Western men visiting Asia for easy cheap sex with young boys and girls.</p>
<p>Stereotypes of sex tourism, as geographer Phil Hubbard <a href="https://books.google.com.au/books?id=2yuMAgAAQBAJ&pg=PA177&dq=obscure+a++more+complex+global+economy+of+sex&hl=en&sa=X&ved=0ahUKEwi295nOpK_oAhVT7nMBHV3uDH8Q6AEIJzAA#v=onepage&q=obscure%20a%20%20more%20complex%20global%20economy%20of%20sex&f=false">notes</a>, “<a href="https://www.amazon.com/Sexualities-Routledge-Critical-Introductions-Urbanism/dp/0415566479">obscure a more complex global economy of sex</a>”. A <a href="https://www.amazon.com/Space-Place-Sex-Geographies-Sexualities-ebook/dp/B004EHZYW4/ref=sr_1_1?keywords=robyn+longhurst&qid=1583193300&s=books&sr=1-1">wide range of people</a>, regardless of age, gender, relationship status, race/ethnicity, ability/disability and sexuality, engage in sexualised tourism and leisure activities. We do this whenever we watch porn at home or in a hotel room when on holiday; go on a “romantic/dirty weekend”; visit a strip club, brothel, swingers’ club or bdsm dungeon when on a business trip; attend a gay/lesbian Mardi Gras parade; or go to a porn expo.</p>
<p>Consent matters in sexualised touristic spaces. It can’t be taken for granted just because a space is hyper-sexualised. Workers are continuously negotiating consent. They can and should be able to withdraw consent at any time. </p>
<p>Most people who regularly engage in these practices recognise this. Venues are increasingly taking responsibility for this issue too, but there is still work to do.</p>
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<a href="https://images.theconversation.com/files/321455/original/file-20200318-1905-1xxbdt.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/321455/original/file-20200318-1905-1xxbdt.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/321455/original/file-20200318-1905-1xxbdt.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=305&fit=crop&dpr=1 600w, https://images.theconversation.com/files/321455/original/file-20200318-1905-1xxbdt.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=305&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/321455/original/file-20200318-1905-1xxbdt.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=305&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/321455/original/file-20200318-1905-1xxbdt.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=383&fit=crop&dpr=1 754w, https://images.theconversation.com/files/321455/original/file-20200318-1905-1xxbdt.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=383&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/321455/original/file-20200318-1905-1xxbdt.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=383&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption">In the hypersexualised atmosphere of events like the AVN Expo, consent matters more than ever.</span>
<span class="attribution"><span class="source">Paul Maginn</span>, <span class="license">Author provided</span></span>
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<h2>Sexualised tourism takes many forms</h2>
<p>As we note in our <a href="https://www.tandfonline.com/doi/full/10.1080/01490400.2020.1712280%20on%20porn%20tourism%20in%20Las%20Vegas">recent research paper</a>, the touristic gaze involves more than just looking. It includes “touching or being touched (physical or emotionally), buying, moving around and talking”.</p>
<p>Different cities are <a href="https://rowman.com/isbn/9780742555129/space-place-and-sex-geographies-of-sexualities">renowned for particular forms of sexualised leisure/tourism</a>.</p>
<p>Sydney, for example, is globally recognised for its <a href="https://www.mardigras.org.au">Gay and Lesbian Mardi Gras</a>. The <a href="https://www.folsomstreetevents.org/folsom-street-fair/#folsomstreetfair-essentials">Folsom Street Fair</a> in San Francisco is arguably the tourist capital for fetishists from around the USA and the world. Paris is the tourist city for romantic getaways. And in the UK the “<a href="https://www.theguardian.com/commentisfree/2016/jan/14/dirty-weekend-british-sexual-encounter">dirty weekend</a>” is synonymous with seaside towns such as Brighton and Blackpool.</p>
<p>Other UK cities such as London, Liverpool and Newcastle, plus European cities such as Amsterdam, Dublin and Prague, are popular destinations for <a href="https://www.tandfonline.com/doi/full/10.1080/01639625.2016.1197678?casa_token=HgZx4lRFossAAAAA%3AwwsbOvHPeDiWg5NxzyEWsoHMP4LpQ8r0Kt1R_-2gTfhik_LnpaF3SpHSehy93zq52vMdM75HTF9p-g">stag</a> or <a href="https://s3.amazonaws.com/academia.edu.documents/38503347/12_ELDRIDGE.pdf?response-content-disposition=inline%3B%20filename%3DDrunk_Fat_and_Vulgar_The_Problem_With_H.pdf&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Credential=AKIAIWOWYYGZ2Y53UL3A%2F20200303%2Fus-east-1%2Fs3%2Faws4_request&X-Amz-Date=20200303T070627Z&X-Amz-Expires=3600&X-Amz-SignedHeaders=host&X-Amz-Signature=515616c287ad390e4228002dce8c68f14e59da563b9a2c5ad3a7796408bcd2d8">hen</a> parties. These may include visits to strip clubs, brothels, sex shops and casual or hook-up sex.</p>
<p>Casual/hook-up sex in Miami, Fort Lauderdale, Cancun and Cabo San Lucas is popular for US college students during “<a href="https://www.ingentaconnect.com/content/cog/tri/2012/00000016/f0020003/art00001">Spring Break</a>”. During “<a href="https://www.tandfonline.com/doi/abs/10.1080/00224490309552177">Schoolies Week</a>” in Australia, high school graduates hit destinations such as the <a href="https://www.tandfonline.com/doi/abs/10.1080/09595239996419">Gold Coast</a>, Byron Bay and Bali.</p>
<p>But if there is one city that personifies sexualised leisure tourism and hedonistic urbanism it is the US city of Las Vegas, Nevada – aka “Sin City”. Nevada has “<a href="https://books.google.com.au/books?id=feCNAgAAQBAJ&pg=PA2&lpg=PA2&dq=%22Nevada+built+a+tourist+industry+on+turning+deviance+into+leisure%22&source=bl&ots=Be7UOdzSJK&sig=ACfU3U15GOUsFTgxdD6CRMvS0QJzUPm1LA&hl=en&sa=X&ved=2ahUKEwjJiObgx5boAhUKwTgGHbf-AiMQ6AEwAHoECAgQAQ#v=onepage&q=%22Nevada%20built%20a%20tourist%20industry%20on%20turning%20deviance%20into%20leisure%22&f=false">built a tourist industry on turning deviance into leisure</a>”. </p>
<p>Pascale Nédélec <a href="https://scanr.enseignementsup-recherche.gouv.fr/publication/these2013LYO20108">notes</a> that Las Vegas has aggressively marketed itself as a “free-wheeling, anything-goes kind of place”. Its long-running advertising slogan is “<a href="https://theweek.com/articles/459434/brief-history-what-happens-vegas-stays-vegas">What Happens Here, Stays Here</a>”.</p>
<h2>Managing issues of consent</h2>
<p>The <a href="https://en.wikipedia.org/wiki/AVN_Adult_Entertainment_Expo">AVN Adult Entertainment Expo</a> represents one key node in a global network of adult-oriented entertainment expos that attract fans and industry personnel. Examples include <a href="https://exxxoticaexpo.com/">Exxxotica</a> (USA), <a href="http://www.sexpo.com.au/">SEXPO</a> (Australia), <a href="https://tabooshow.com">Taboo</a> (Canada) and <a href="http://exposexoyerotismo.com">Expo Sexo y Erostismo</a> (Mexico). </p>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/321453/original/file-20200318-1913-11s7a1b.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/321453/original/file-20200318-1913-11s7a1b.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/321453/original/file-20200318-1913-11s7a1b.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=556&fit=crop&dpr=1 600w, https://images.theconversation.com/files/321453/original/file-20200318-1913-11s7a1b.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=556&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/321453/original/file-20200318-1913-11s7a1b.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=556&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/321453/original/file-20200318-1913-11s7a1b.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=699&fit=crop&dpr=1 754w, https://images.theconversation.com/files/321453/original/file-20200318-1913-11s7a1b.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=699&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/321453/original/file-20200318-1913-11s7a1b.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=699&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">The sexualised touristic gaze ramps up at the AVN Expo.</span>
<span class="attribution"><span class="source">Paul Maginn</span>, <span class="license">Author provided</span></span>
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</figure>
<p>Every January the sexualised touristic gaze within Las Vegas ramps up when the AVN Expo sets up camp at the <a href="https://www.latimes.com/travel/story/2020-01-17/hard-rock-hotel-in-las-vegas-to-close-on-an-up-note">Hard Rock Hotel and Casino</a> (soon to be rebranded).</p>
<p>The largely LA-based adult entertainment industry relocates to Las Vegas for about a week, bringing with it performers, producers, directors and videographers. The porn community is in town for business-to-business events, to shoot porn, celebrate industry achievements at the AVN Awards – the so-called Porn Oscars – and meet and greet porn fans.</p>
<p>The meet-and-greet aspect is where the touristic gaze is particularly intense. In a <a href="https://avn.com/business/articles/legal/aee-attendees-get-a-refresher-course-on-consent-from-actors-pros-866214.html">panel we organised</a> at the 2020 AVN Expo, performers <a href="https://twitter.com/thejessicadrake">Jessica Drake</a> and <a href="https://twitter.com/thekatyjayne">Katy Jayne</a> said they often felt an even more intense gaze when winding their way to their hotel rooms, restaurants and bars within Hard Rock’s broader spaces.</p>
<p>Admittedly the expo encourages a sexualised touristic gaze by largely heterosexual male attendees. But this in no way negates the importance of negotiated consent in interactions between fans and performers.</p>
<figure class="align-left zoomable">
<a href="https://images.theconversation.com/files/321452/original/file-20200318-1964-5krs8k.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/321452/original/file-20200318-1964-5krs8k.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/321452/original/file-20200318-1964-5krs8k.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=687&fit=crop&dpr=1 600w, https://images.theconversation.com/files/321452/original/file-20200318-1964-5krs8k.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=687&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/321452/original/file-20200318-1964-5krs8k.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=687&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/321452/original/file-20200318-1964-5krs8k.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=864&fit=crop&dpr=1 754w, https://images.theconversation.com/files/321452/original/file-20200318-1964-5krs8k.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=864&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/321452/original/file-20200318-1964-5krs8k.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=864&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">AVN requires all people attending its expo to sign a code of conduct.</span>
<span class="attribution"><span class="source">Paul Maginn</span>, <span class="license">Author provided</span></span>
</figcaption>
</figure>
<p>A “<a href="https://www.tandfonline.com/doi/full/10.1080/01490400.2020.1712280">mix of physical, social and institutional boundaries and formal and informal rules of engagement</a>” prevails within the AVN Expo space. Attendees – performers, media and fans – must sign a “code of conduct”. Signage around the expo space reminds patrons of the AVN’s <a href="https://avn.com/business/articles/video/avn-to-enforce-zero-tolerance-harassment-policy-at-aee-18-752024.html">policy of zero tolerance</a> of anyone found and/or reported to have engaged in assault, non-consensual physical contact, violations of privacy, and verbal or physical harassment.</p>
<p>While this code isn’t perfect, <a href="https://www.tandfonline.com/doi/full/10.1080/01490400.2020.1712280">our research</a> found it’s part of a “mix of physical, social and institutional boundaries and formal and informal rules of engagement”. These help keep non-consensual contact to a minimum and empower the performers to negotiate their own boundaries.</p>
<h2>A charter of consent helps</h2>
<p>When sexualised leisure activities are an important part of a city’s tourism or night-time economy, it is critical for government officials, local businesses and advocacy organisations that represent workers in sexualised tourism to come together and develop what might be termed a “charter of consent”.</p>
<p>Such a charter would set out the essential “rights, roles and responsibilities” of participants. It could also highlight the repercussions for those who transgress consensual boundaries.</p>
<p>This charter could be widely promoted via traditional and social media, creative marketing strategies (e.g. drinks coasters, receipts, online adverts, and posters in restrooms in bars, clubs and restaurants), as well as signage in sexualised tourism/leisure spaces to remind tourists consent is paramount.</p>
<p>With active promotion and demonstrated commitment by regulators, such a charter would help give those on the front line of providing sexualised leisure experiences the confidence to report non-consensual or inappropriate behaviours to their employers and relevant authorities.</p><img src="https://counter.theconversation.com/content/133080/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Just because a space is hyper-sexualised doesn’t mean consent doesn’t matter. In fact, it becomes even more important that everyone understands and observes agreed boundaries.Paul J. Maginn, Associate Professor of Urban/Regional Planning, The University of Western AustraliaAleta Baldwin, Assistant Professor of Kinesiology, Health and Nutrition , The University of Texas at San AntonioBarb Brents, Professor of Sociology, University of Nevada, Las VegasCrystal A. Jackson, Assistant Professor of Sociology, John Jay College of Criminal JusticeLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1316662020-03-02T16:18:58Z2020-03-02T16:18:58ZYoung people are taking sex-ed into their own hands on YouTube<figure><img src="https://images.theconversation.com/files/317843/original/file-20200228-24701-7mt8rx.jpg?ixlib=rb-1.1.0&rect=8%2C0%2C1720%2C1303&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Many young women and girls who make YouTube videos about sexual consent also examine larger cultural, legal and political contexts. Here, YouTuber Laci Green. </span> <span class="attribution"><span class="source">(YouTube/Laci Green)</span></span></figcaption></figure><p>Sex education in Canadian schools continues to be highly politicized and young people are paying the price. </p>
<p>In Québec, for example, the <a href="http://www.education.gouv.qc.ca/en/teachers/dossiers/sexuality-education/">provincial sexual health curriculum has shifted a few times in the last couple of decades</a>, often leaving teachers and schools <a href="http://dx.doi.org/10.3138/cjhs.243-C01">confused about the approach and the implementation guidelines</a>. In Ontario, sexual health curriculum is also at the mercy of the <a href="https://www.cbc.ca/news/canada/sex-education-ontario-canada-curriculum-1.4786045">province’s political climate</a>. </p>
<p>In many Canadian classrooms, <a href="https://doi.org/10.1080/14681811.2011.615606">factors like inadequate teacher training and discomfort</a> impact what topics are addressed or avoided. Unfortunately, these circumstances mean that youth may not get the information they need to engage in healthy, positive sexual relationships. </p>
<p>Meanwhile, sexual health resources flourish online. Studies show that <a href="https://doi.org/10.1080/19317611.2013.823899">many youth seek out information about sexuality in digital spaces</a>. Within today’s participatory social media platforms and networks, many of these resources are produced by youth, for youth. Young girls and women specifically are taking sex education into their own hands. </p>
<p>As a doctoral student at McGill University and a sex education practitioner, I have had the privilege of studying how young YouTubers use their media to talk to their audiences about sexual violence and sexual consent, both in my own dissertation <a href="https://doi.org/10.3167/ghs.2017.100204">and in collaborative research</a>. In these studies, I looked at a mix of YouTube videos and vlogs (or video logs) from <a href="https://youtu.be/v7IL1gLZbR8">youth of all genders</a>, aged between 14 and 30 years old. </p>
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<figcaption><span class="caption">Laci Green video.</span></figcaption>
</figure>
<h2>Female YouTubers as sex educators</h2>
<p>The YouTubers in my study, including celebrity vloggers like <a href="https://www.youtube.com/channel/UChZUCgX-hBXDpnpB8O1XQbA">Meghan Hughes</a>, <a href="https://www.youtube.com/user/lacigreen">Laci Green</a> and <a href="https://www.youtube.com/user/hannahgirasol">Hannah Witton</a>, tackle many facets of sexual consent and sexual violence in their videos. They move beyond the oversimplified “no means no” and “yes means yes” messaging that permeates <a href="https://doi.org/10.1080/14681811.2017.1393407">consent education</a>. </p>
<p>Many of the young women and girls in my samples not only define sexual consent and sexual assault, but also frame these concepts within the larger cultural, legal and political contexts in which they exist. </p>
<p>This is important; examining sexual violence from these broad lenses helps spotlight rape myths and victim blaming. Helping youth recognize the impacts of sexual violence and the underlining societal beliefs and structures that sustain it is a positive step towards fostering a consent culture.</p>
<p>I found that young women and girls are taking to YouTube for many reasons, notably, to express themselves, to educate, respond to others, share their narratives and promote social change. Within their videos, several of the YouTubers in my studies actively encourage their audiences to respect sexual consent, to support survivors and to fight rape culture — for example, by how they vote. </p>
<p><a href="https://doi.org/10.1080/09589236.2016.1211511">Similar to young feminist activists in other online spaces</a>, these YouTubers are positioning themselves as agents of change and using their vast networks to make a difference (some have hundreds of thousands of subscribers). Audiences listening to YouTube videos can therefore learn how about the skills and knowledge they need to engage in healthy relationships, and more broadly, to help prevent sexual violence.</p>
<p>I found that these girls and young women address sexual consent and sexual violence in creative and engaging ways. In their videos, they use emotional narratives, snappy media effects, music, examples that resonate with youth realities and informal language. </p>
<p>Their production choices lend to an authentic and conversational feel. In many ways, these videos offer a form of <a href="https://doi.org/10.1177/1527476416644977">sex edutainment</a>, combining educational elements with entertainment, to attract young YouTube audiences.</p>
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<figcaption><span class="caption">Pillow Talk video.</span></figcaption>
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<h2>YouTube pitfalls</h2>
<p>There are several benefits to learning about sexuality on YouTube: there is a large selection of videos, audiences can watch them 24/7 and there are opportunities for dialogue. However, accessible features also open doors to potential harmful rhetoric. </p>
<p>I found that some YouTubers (male and female) perpetuate harmful stereotypes and misinformation about survivors and sexual violence. Trolls often showed up in the comments. In fairy tales, trolls lurk under bridges waiting for victims they can eat — in the digital spaces I studied, many hid under the cape of free speech and openly mocked female YouTubers, women in general and feminists. </p>
<p>This was not a surprise; it’s well known that the internet can be a dangerous space for women and girls. <a href="https://doi.org/10.1215/9781478002772">Sarah Banet-Weiser</a>, professor of media and communications at the London School of Economics, correctly describes popular feminism and misogyny as warring ideologies, with digital spaces being one of their battlegrounds. YouTube is no exception.</p>
<p>Viewers should also be aware of the corporate nature of YouTube. As researcher and lecturer Sophie Bishop points out in her study of beauty vloggers, YouTube’s “<a href="https://doi.org/10.1177/1354856517736978">algorithmic political economy</a>” means the platform will prioritize videos deemed more commercially viable. Some celebrity YouTubers are financially supported by companies, while others are looking for sponsorship — both of which may affect video content and performance. The algorithms also mean a diversity of voices may be left out. </p>
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<figcaption><span class="caption">Meghan Hughes video.</span></figcaption>
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<h2>Supporting youth</h2>
<p>Parents can can help youth navigate the messages they see on YouTube and elsewhere. You and your child can also play an important role in sexual violence prevention and the promotion of consent culture in the following ways:</p>
<p><strong>Ask and listen.</strong> Show interest in what youth are are watching, without judgement. Taking the time to listen to them describe the spaces that they occupy can help build the trust needed to talk to them about the messages they consume. </p>
<p><strong>Practise critical media literacy skills with your kids.</strong> We cannot control what is said on the internet; however, we can teach youth to be critical of media messages and to be responsible content producers. <a href="https://mediasmarts.ca/">MediaSmarts</a> has tip sheets for parents. </p>
<p><strong>Address the trolls.</strong> Youth already know about trolls. However, it may be helpful to discuss with them how to deal with hateful online comments. There is no best solution: <a href="https://mediasmarts.ca/sites/mediasmarts/files/publication-report/full/young-canadians-online-hate.pdf">learning more about it may be a good first start</a>.</p>
<p><strong>Be prepared for conversations about sexuality and sexual violence.</strong> If you are comfortable talking about consent, have <a href="https://canadianwomen.org/blog/five-ways-parents-can-teach-healthy-relationship-skills/">open, non-judgmental conversations</a>. If you aren’t comfortable talking about sexuality or consent, or you are aware that your views may not be healthy, help your child find resources (such as <a href="https://goaskalice.columbia.edu/">GoAskAlice</a> or <a href="https://amaze.org/">Amaze</a>) and someone they trust that they can talk to (a family member, or friend or a local community organization). </p>
<p><strong>Teach yourself and be prepared to “unlearn.”</strong> Rape myths, victim blaming and other harmful views of survivors are perpetuated across all types of media and platforms. <a href="https://www.ontario.ca/page/dispelling-myths-about-sexual-assault">Learn about them</a> and reflect on the ways that you can cultivate positive values and beliefs that support healthy relationships and consent culture. </p>
<p>Keep an open mind: this may require questioning your own attitudes, assumptions and behaviours. Your conversations may lead into the social and cultural realities youth are navigating every day.</p><img src="https://counter.theconversation.com/content/131666/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Chloe Krystyna Garcia's doctoral research was primarily funded through the Fonds de Recherche du Quebec and the IMPACTS: Collaborations to Address Sexual Violence Partnership Project. She was also the 2018-2019 recipient of the Jackie Kirk Fellowship. </span></em></p>Parents can play an important role helping youth navigate the messages they see on YouTube about sexual consent.Chloe Krystyna Garcia, Instructor, Integrated Studies in Education, McGill UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1274452019-12-01T18:59:38Z2019-12-01T18:59:38ZEpisode – Choose Your Story: the inappropriate game your kids have probably played<figure><img src="https://images.theconversation.com/files/304370/original/file-20191129-45264-fci5hw.jpg?ixlib=rb-1.1.0&rect=15%2C15%2C5160%2C3430&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">The game's players are able to customise their own storyline, which can then be 'featured' and shared with other players. The catch is, there's more than 12 million creators - and the content isn't exactly well-regulated. </span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/download/confirm/1107980378?src=7daba6c0-588a-46d1-a778-5e76f307ac2f-2-45&size=huge_jpg">STEFANY LUNA DE LINZY / Shutterstock.com</a></span></figcaption></figure><p>As smartphone ownership surges, we’re seeing a drastic rise in the use of mobile apps, many of which are marketed towards impressionable young audiences. </p>
<p>One such app is <a href="https://www.episodeinteractive.com/">Episode – Choose Your Story</a>, a free game with more than 50 million downloads and five million weekly users. </p>
<p>Episode is coming under scrutiny by parents and users, many as young as 10, for its inappropriate themes. Such apps are far-reaching, and parenting their use can be tricky. </p>
<p>According to a US <a href="https://www.commonsensemedia.org/sites/default/files/uploads/research/2019-census-8-to-18-key-findings-updated.pdf">report published</a> this year, which surveyed 1,677 kids, 41% of tweens (aged 8-12) and 84% of teens (aged 13-18) owned a smartphone. </p>
<p>There’s an increasing number of games targeted at these age groups, of which many follow a “choose your story” format. </p>
<p>The stories are divided into episodes and the user, or “reader”, can interact with storylines and even create their own. Readers can choose from a list of responses to influence things such as a character’s appearance, dialogue and reaction to events.</p>
<p>While most storylines focus on romance and high school relationships, many have raised alarm bells in parents. A number of parents have <a href="https://www.commonsensemedia.org/app-reviews/episode-choose-your-story/user-reviews/adult">voiced concerns</a> on Common Sense Media, a leading source of entertainment recommendations for families. </p>
<h2>What your child engages with online</h2>
<p>Episode features numerous storylines about sexual discrimination, underage sex and pregnancy. Many of these glorify adultery and are potentially promoting reckless decision making, pettiness and unkind acts. </p>
<p>On inspection, there are several issues with the app. </p>
<p>First, storylines can be written by anyone, even those aged 13-17. And while there are more than 12 million creators, there is little content regulation, even when the Episode community expresses concern. </p>
<p>One story regarding <a href="https://forums.episodeinteractive.com/t/problematic-stories/135210/46">sexual consent</a> raised uproar with users, who were concerned at the poor moral message of a young female character being “blind drunk” and not consenting to a sexual liaison with an older male character.</p>
<p>Yet, the story was not removed, and the author did little to address the backlash. </p>
<p>Another concerning aspect of the game is that in many situations, users have to pay money to make morally correct decisions, yet reckless choices are free. This reinforces inappropriate reactions to events. This is also where players can unwittingly spend huge amounts of money.</p>
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Read more:
<a href="https://theconversation.com/the-app-trap-how-children-spend-thousands-online-21652">The app trap: how children spend thousands online</a>
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<h2>What about parental guidance ratings?</h2>
<p>On the Common Sense Media website, parents have given Episode a parental advisory rating of 14+, whereas kids have rated it suitable for ages 13+. </p>
<p>On the Apple App Store, the game is rated 12+ and on Google Play it’s rated “Mature”.</p>
<p>That said, <a href="https://blog.apptopia.com/interactive-story-games-tap-into-our-love-for-storytelling">players</a> of Episode are often impressionable older children and teens. A 12+ rating offers little guidance to parents, and ratings overall don’t seem to deter children from playing. </p>
<p>This is hardly surprising. At this stage of development, peer relationships are highly rewarding. Many players are introduced to apps such as Episode by siblings or friends, and are enticed by the excitement they offer. </p>
<p><a href="https://journals.sagepub.com/doi/pdf/10.1177/0963721412471347">Research</a> shows several areas of the brain make adolescents more sensitive to the rewards of peer relationships than adults. This motivates teens to focus on their peers in decision-making situations that involve risky behaviour. </p>
<p>This is apparent in one comment from a <a href="https://www.commonsensemedia.org/app-reviews/episode-choose-your-story/user-reviews/child">13-year-old</a> made on a Common Sense Media forum about Episode:</p>
<blockquote>
<p>WOW!!! The best app!!!!! I love it!!!!! P.S. – kids, make sure your parents don’t know you’re using Episode! ;)</p>
</blockquote>
<h2>No universal standard</h2>
<p>Although different countries offer their own <a href="https://www.classification.gov.au/">classifications</a> for online sites and gaming, there’s no universal standard apps have to meet in order to establish suitability for children and teens. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/is-that-porn-your-child-is-watching-online-how-do-you-know-64120">Is that porn your child is watching online? How do you know?</a>
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<p>Due to the discrepancy in app store ratings, the best prevention of a child or teen using inappropriate apps is to refer to guidance sites such as <a href="https://www.commonsensemedia.org/">Common Sense Media</a>. </p>
<p>But an even better defence is for parents to test questionable apps themselves. From those adults who offer valuable feedback online for childrens’ apps, many are parents who have personally tried the apps.</p>
<p>Until there’s an improved consensus on app classification, parental monitoring remains best practice.</p>
<h2>Other things parents can do</h2>
<p>To prevent the use of unsuitable apps by children and teens, parents can try establishing a verbal and written contract with their child before they are allowed to own a smartphone, or other smart device. </p>
<p>It should contain guidelines for when, how long and what can be viewed on the device. There should also be transparency around what’s being downloaded, with parents checking the device(s) on a regular basis. </p>
<p>Furthermore, due to the tendency of apps such as Episode to encourage consumerism, children and teens should not buy gems, tokens, cards or any app-related digital currency, without first discussing this with an adult.</p>
<p>As it is, the <a href="https://thinkgaming.com/app-sales-data/6028/episode-choose-your-story/">estimated daily revenue</a> of Episode is US$105,000.</p>
<h2>Passive versus interactive</h2>
<p>A major criticism of screen time and app use is that it’s passive and requires little or no involvement from users. </p>
<p><a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5403814/#B21">Research</a> suggests typing on a keyboard to <a href="http://www.essentialkids.com.au/education/school/primary-school/handwriting-better-for-your-brain-than-typing-research-shows-20190130-h1aofr?btis">calculate times tables</a>, rather than writing by hand or using a smartphone, can hinder long-term learning and memory. </p>
<p>Instead of encouraging device usage, children benefit from more reading, storytelling and imaginative play. As they mature, <a href="https://science.sciencemag.org/content/342/6156/377">such activities enable</a> greater fluency, theory of mind (which is understanding that others may have different beliefs and desires to you), and moral reasoning abilities.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/five-reasons-why-you-should-read-aloud-to-your-kids-and-pick-their-favourite-book-49740">Five reasons why you should read aloud to your kids – and pick their favourite book</a>
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<p>The good news is, app developers have also started to heed such advice, with many promoting the interactive components of their product. </p>
<p>And this isn’t just to appease parents. </p>
<p><a href="https://www.scholastic.com/parents/school-success/learning-toolkit-blog/six-apps-digital-storytelling-kids.html">Apps that encourage storytelling</a>, many led by research and developed by educators, are popular with children and teens too.</p><img src="https://counter.theconversation.com/content/127445/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Dr Janine M. Cooper does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The mobile game has been downloaded more than 50 million times. If you have kids, they’ve probably played it. But it’s more problematic than most people realise.Dr Janine M. Cooper, Founder, Everyday Neuro & Honorary Fellow Manager, Clinical Sciences, Murdoch Children's Research InstituteLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1161102019-05-15T21:04:39Z2019-05-15T21:04:39ZRape myths like ‘stranger danger’ challenged by global drug survey<figure><img src="https://images.theconversation.com/files/274444/original/file-20190514-60541-18dufhr.jpg?ixlib=rb-1.1.0&rect=39%2C19%2C4388%2C2927&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Fake news. </span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/stalking-aggression-721427098?src=e2UHz4ZVGeUb_QwOUkHRXQ-1-55">Shutterstock.</a></span></figcaption></figure><p>Many of the beliefs people hold about rape are downright wrong. For example, women are often told they can avoid sexual assault by monitoring how much alcohol they drink on a night out. “Don’t leave your drink unattended” and “drink from bottles instead of cups” are <a href="https://www.wikihow.com/Avoid-Spiked-Drinks">common pieces of advice</a>. There’s even <a href="https://drinkcheck.co.uk/">a wristband</a> that’s marketed as a “simple, wearable test to see if your drink may have been spiked”.</p>
<p>This is because alcohol and other drugs are widely thought to increase women’s vulnerability to sexual violence. At the same time, such substances <a href="https://pubs.niaaa.nih.gov/publications/arh25-1/43-51.htm">are often said to be</a> the cause of - or an excuse for - sexual aggression in men. This can even lead to double standards in people’s perceptions of sexual assault: <a href="https://journals.sagepub.com/doi/abs/10.1177/0964663907082737?casa_token=670k8IMFaswAAAAA:nB_vub3CZPNH3leNtRi25UBdbRus2ByAYFNfVs8X04OOCTapphh1WS4fCfqGKApBPQZkmPSMIZc">one study</a> found that intoxicated perpetrators tend to be held less responsible for their actions, while intoxicated victims tend to be held more responsible. </p>
<p>Such stereotypical or false beliefs about sexual assault are called “rape myths”, and they have a big impact on the way the victims and perpetrators of sexual assault are treated by society, the police and the legal system. Believing in rape myths often leads people to place responsibility on victims for what happened to them, rather than condemning perpetrators – so-called victim blaming. </p>
<h2>A global phenomenon</h2>
<p>To better understand people’s experiences of sexual assault while intoxicated, we asked the 123,800 people who completed the <a href="https://www.globaldrugsurvey.com/">Global Drug Survey</a> 2019 if they had been taken advantage of sexually while under the influence of alcohol or other drugs – 74,634 chose to answer the question. </p>
<p><a href="https://www.sociologicalscience.com/articles-v5-19-432/">Research has found</a> that some people have trouble using terms such as “sexual assault”, “rape”, “victim” and “perpetrator” to describe their experiences – in part because common rape myths lead people to imagine such scenarios in a certain way. This means that experiences which differ from common rape myths are less likely to be reported, or even labelled as such. </p>
<p>To get around this problem, we asked participants in the Global Drug Survey if they had been taken advantage of sexually while under the influence of alcohol or other drugs. We used this phrase – instead of “sexually assaulted” - to capture a wider range of experiences. We also collected further contextual information including where people were taken advantage of, who they were with and the type of drug they were using. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/274618/original/file-20190515-60532-1x5q85c.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/274618/original/file-20190515-60532-1x5q85c.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=394&fit=crop&dpr=1 600w, https://images.theconversation.com/files/274618/original/file-20190515-60532-1x5q85c.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=394&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/274618/original/file-20190515-60532-1x5q85c.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=394&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/274618/original/file-20190515-60532-1x5q85c.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=495&fit=crop&dpr=1 754w, https://images.theconversation.com/files/274618/original/file-20190515-60532-1x5q85c.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=495&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/274618/original/file-20190515-60532-1x5q85c.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=495&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Most incidents happened at home.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/smoking-joint-party-156421958?src=17Jt6Z0BQRdg6cXSOHIsjA-1-2">Shutterstock.</a></span>
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<p>When we analysed the results, we found that 19% (14,174 respondents) reported that they had been taken advantage of sexually while intoxicated in their lifetime; 4% (3,252) said that this had happened within the last 12 months. It wasn’t just women who reported being taken advantage of: 8% of male respondents said they had experienced such an incident, and 2% had in the last 12 months. </p>
<p>Figures were higher for people identifying as women, non-binary or as a different gender identity: just over a third of participants from these groups reported being taken advantage of in their lifetime, and around 10% in the last 12 months.</p>
<p>Our findings challenged other dominant assumptions about sexual assault, including the idea that a woman is most likely to be assaulted by a stranger while walking alone outside at night. We found that 67% of incidents occurred in private homes, 70% of victims knew the perpetrator personally and 74% had friends or acquaintances nearby at the time of the incident. </p>
<h2>Context and consent</h2>
<p>Negotiating consent can be complex, especially when drugs or alcohol are involved, and our research found that 26% of respondents who reported being taken advantage of also said they gave their consent to initiate sexual activity. This suggests, too, that consent is best thought of as a process, rather than a one-off “yes” or “no” response. People must be able to withdraw their consent at any point during a sexual encounter.</p>
<p>Also, just because sex is “consensual” does not necessarily mean that it is wanted. It’s worth questioning whether people having sex always feel comfortable or safe saying “no” or withdrawing consent. </p>
<p>The next step is to consider how to best to prevent sexual assault from taking place. Clearly, advising women to monitor their alcohol or other drug consumption or avoid walking alone at night can only go so far, especially since incidents were more likely to occur in private houses, and involve a perpetrator known to the victim. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/drugs-and-alcohol-complicate-sexual-consent-but-context-can-make-things-clearer-106207">Drugs and alcohol complicate sexual consent, but context can make things clearer</a>
</strong>
</em>
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<p>We must also recognise how categories such as gender, sexuality, race, ability and social class <a href="https://theconversation.com/drugs-and-alcohol-complicate-sexual-consent-but-context-can-make-things-clearer-106207">can affect</a> the way intoxication and sexual assault are talked about and understood. For example, those who do not fit the bill of an “<a href="https://www.utpjournals.press/doi/abs/10.3138/cjwl.22.2.397">ideal victim</a>” may have their experiences of sexual assault discredited by others. Context is also important – the setting, the type of drug and the nature of the relationship between the people involved in sexual activity can also help to explain why people feel some experiences are consensual, and others not. </p>
<p>Above all, people should reflect on the effects that alcohol or other drugs might have on their own feelings, and those of others, during sexual activity. Governments and other authorities such as police and schools should promote ethical sexual behaviour, supporting people to negotiate sex and intimacy, even while intoxicated.</p>
<p><em>If you have been sexually assaulted, there are services which can help you: call the Rape Crisis national freephone helpline on 0808 802 9999 (12-2.30pm and 7-9.30pm every day of the year).</em></p><img src="https://counter.theconversation.com/content/116110/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Adam Winstock is the founder and owner of Global Drug Survey Ltd – an independent self funded organisation based in London. It takes no monies from the alcohol or tobacco industry. No funding was provided to conduct this part of the survey and the researchers retain full control over content and analyses. </span></em></p><p class="fine-print"><em><span>Alex Aldridge does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Almost 20% of people in the 2019 Global Drug Survey had been taken advantage of while under the influence of drugs or alcohol.Alex Aldridge, PhD Candidate, Royal Holloway University of LondonAdam Winstock, Honorary Clinical Professor, UCLLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1098152019-01-23T14:33:49Z2019-01-23T14:33:49ZSierra Leone’s laws to protect women have unintended consequences<figure><img src="https://images.theconversation.com/files/254522/original/file-20190118-100264-12x2sh5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Laws in Sierra Leone often leave young women in the lurch.</span> <span class="attribution"><span class="source">robertonencini/Shutterstock</span></span></figcaption></figure><p>Age-of-consent law is complex. If it is set too high, there’s a risk that it will undercut young people’s agency. If it is set too low, it does not offer enough protection for vulnerable young people.</p>
<p>This is a conundrum Sierra Leone has faced in the last decade. In the aftermath of its civil war, the country has focused on ways to address sexual violence and protect young girls from sexual harassment and grooming. One approach was to create and enact laws designed to criminalise violence and empower women and girls.</p>
<p>The <a href="http://www.sierra-leone.org/Laws/2012-12.pdf">Sexual Offences Act</a> is one example of such legislation. Here, the work of the country’s lawmakers has yielded some positive results: the act protects children, especially girls, who are abused by adults.</p>
<p>But it also circumscribes teenagers’ autonomy. The act raised the age of consent for girls and boys to 18. This effectively criminalises sexual activity between consenting young adults. </p>
<p>As I repeatedly witnessed in court cases during more than <a href="https://www.academia.edu/37941297/Teeth_and_tongue_jammed_together_Violence_in_relationships_and_its_mediation_in_Freetown_Sierra_Leone">a year of fieldwork</a> in the capital city, Freetown, it often results in boys from economically marginalised families being imprisoned after their consensual sexual relationships lead to a young woman falling pregnant. It is presumed by the girls’ families and the wider community that such boys cannot afford to support his partner and their child.</p>
<p>This law, along with the country’s <a href="https://www.amnesty.org/en/latest/news/2016/11/sierra-leone-continued-pregnancy-ban-in-schools-and-failure-to-protect-rights-is-threatening-teenage-girls-futures/">ban on pregnant girls attending school</a>, actually harms young women rather than protecting them. </p>
<p>Violence is not just a private matter between people. Regulating it is not the duty of communities or the state alone. Rather, it is the dialogue and the tensions between these different forces which expose not only how things are “supposed to work”, but also how they “really work”. </p>
<p>Lawmakers and those who craft policy that’s meant to empower and protect women need to consider and take seriously the knowledge of grassroots women’s groups and the criticism voiced by citizens and law enforcement. In this way, Sierra Leone can amend what doesn’t work in its legal framework and strengthen what does, to engender real change.</p>
<h2>Criminalising relationships</h2>
<p>The Sexual Offences Act was passed in 2012. It raised the age to give sexual consent to 18: the idea was that since girls younger than 18 cannot consent to sex, they cannot be coerced into sexual relationships by much older, powerful men. </p>
<p>However, while conducting <a href="http://luisaschneider.com/currentresearch/2017/06/03/PhD.html">my research</a> and observing court cases stemming from the law, I realised that the act’s rigidity often undercuts the agency of young Sierra Leoneans and threatens their futures.</p>
<p>Under the act, men can receive a prison sentence of up to 15 years for having sex with a minor. Since consent is no longer considered, both rape and sexual acts that both parties have agreed to fall into the same category. </p>
<p>This meant some of the cases in Sierra Leone’s courts involved 17-year-old girls (the alleged victim) and 19-year-old boys (the accused) who told the court they were in love. In these instances, the sexual relationship had often been reported by one of the teenagers’ relatives, someone in their community, or a pastor or teacher when the girl became pregnant.</p>
<p>One lawyer I spoke to explained why this was the case: </p>
<blockquote>
<p>… Usually the families knew and accepted the relationship but then report when the girl gets pregnant. It is mostly poor boys who are convicted, not rapists, because these boys do not have any money to offer the family of the girl. Often the families think that these boys cannot support their daughter and seek revenge for a spoiled future. </p>
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<p>The boy’s conviction and imprisonment sets off a chain of events that leaves young women compromised by the very laws that were apparently designed to help them.</p>
<h2>Time to reframe</h2>
<p>In cases like those I’ve described, the 19-year-old almost always goes to prison. His 17-year-old girlfriend loses her partner and cannot rely on his help to raise their child. </p>
<p>On top of this, she is also prevented from continuing her education. This is because of Sierra Leone’s <a href="https://www.amnesty.org/en/latest/news/2015/11/sierra-leone-pregnant-schoolgirls-excluded-from-school-and-banned-from-exams/">pregnancy ban</a>, which was declared by the Ministry of Education, Science and Technology when schools re-opened after the Ebola pandemic in 2015. </p>
<p><a href="https://www.amnesty.org/download/Documents/AFR5126952015ENGLISH.PDF">According to</a> Amnesty International and human rights lawyer Sabrina Mahtani, the ban – which may be enforced through physical checks – aims to protect “innocent girls” by separating them from pregnant girls, who are seen as negative influences. Temporary alternative classes are provided for pregnant girls, but these are limited and increase girls’ feeling of stigma by isolating them from their peers who aren’t pregnant. Many girls don’t return to school once they’ve given birth.</p>
<p>In the example I’ve outlined here, the law has led to the policing of a young couple’s relationship and put both their futures at risk. However, if the law would include these considerations it could refocus on criminalising rape and would not have to send boyfriends who are barely over 18 to prison.</p>
<p>But it can only include such considerations if it goes beyond reporting statistics and the law’s theoretical intention. Local experts can expose the law’s actual effects in relation to increasing existing inequality and power structures. For instance, a health worker at a Rape Crisis Centre told me </p>
<blockquote>
<p>..If the SOA would allow people within a certain age range, like 16-21, to consent to sex and criminalise sex between persons of very different age groups and with very young people, it would stop stigmatising pregnant women, stop sending poor boys to prison but continue to protect small girls.</p>
</blockquote>
<p>Through community meetings, focus group discussions and the knowledge of local grassroots organisations, law enforcement and service providers, such effects could be made visible and addressed. In this way Sierra Leone’s laws would become both fairer and more relevant.</p><img src="https://counter.theconversation.com/content/109815/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Luisa T. Schneider receives funding from Studienstiftung des deutschen Volkes; School of Anthropology and Museum Ethnography, Oxford University; Aylmer Award St. Peter's College, Oxford University; Royal Anthropological Institute (RAI)/Sutasoma Award.</span></em></p>Violence is not just a private matter between people. Regulating it is not the duty of communities or the state alone.Luisa T. Schneider, Postdoctoral research fellow, Max Planck Institute for Social AnthropologyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1062072018-11-21T12:41:06Z2018-11-21T12:41:06ZDrugs and alcohol complicate sexual consent, but context can make things clearer<figure><img src="https://images.theconversation.com/files/245803/original/file-20181115-194500-uczf7l.jpg?ixlib=rb-1.1.0&rect=7%2C7%2C5120%2C3129&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">High time to talk about consent. </span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/eye-colorful-neon-paint-fashion-makeup-1023075121?src=GhmCkrz7Ls3U4HO75mh8VA-2-25">Shutterstock.</a></span></figcaption></figure><p>Sexual consent is an important, complex and <a href="https://theconversation.com/talking-about-sex-is-awkward-so-how-can-teenagers-just-ask-for-consent-104428">often awkward</a> topic to talk about. And when people have been consuming alcohol or other drugs, it makes negotiating sexual consent even more complicated. Indeed, drawing the line between consensual sex and assault when a complainant is heavily intoxicated is a <a href="https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1468-2230.2008.00692.x">particularly difficult area of law</a>. </p>
<p>What is clear though, is that context matters. The gender of the people having sex, their sexuality, the nature of their relationship and how they became intoxicated – whether willingly or <a href="https://www.nhs.uk/live-well/healthy-body/drink-spiking-and-date-rape-drugs/">unwillingly</a> – all shape the judgements that we make about intoxicated consent. </p>
<p>The importance of context was brought to the forefront in the late 1970s and early 1980s, when the so-called “<a href="https://journals.sagepub.com/doi/pdf/10.1177/1464700105053690?casa_token=d9Bb0gj4qggAAAAA%3A5zl_WDEWvYQfEB72Komby-5MGJLv118hpXZYWWR3Fha8q4rGjS4eWia3W-ypvtuwovKPopxaYB0OMw">feminist sex wars</a>” divided Western academics who were interested in gender equality. The debates were dominated by arguments over pornography and sex work, but the issue of sexual consent – and what it means for women living in a patriarchal society – was always present. </p>
<h2>Context and consent</h2>
<p>Influential legal scholar Catharine MacKinnon drew attention to
society being organised in such a way that men hold the power; women’s consent and sexuality is, to some extent, conditioned and controlled by these power structures. MacKinnon’s contemporary, Andrea Dworkin, <a href="https://books.google.co.uk/books?hl=en&lr=&id=Hv0WVH19m4wC&oi=fnd&pg=PR3&dq=andrea+dworkin+intercourse&ots=mhspDpQRTl&sig=JaE7auA_gb9EQLMn1RJ481l1JmU#v=onepage&q&f=false">took this argument further</a>. She claimed that <a href="https://www.journals.uchicago.edu/doi/abs/10.1086/500603?journalCode=signs">women’s subordination underpins</a> male sexual desire. </p>
<p>So, to give and receive consent meaningfully, there needs to be an awareness of the power dynamics at play, and the impact they have on the relationships among people. This raises questions about just how meaningful women’s sexual consent can be under patriarchy. When women are not on an equal footing with men, are they really “free” to make choices about sex with those men?</p>
<p>Others have highlighted the role that sexuality plays in shaping mainstream views about sexual consent. For example, anthropologist Gayle Rubin <a href="http://student.ulb.ac.be/%7Eghayot/pdf/tranb300.pdf">has argued</a> that historically, sexual consent has been a privilege afforded only to those who engage in socially accepted (or even socially encouraged) sexual behaviour – that is, heterosexual, monogamous, procreative sex. In the UK, as recently as 1997, the age of consent was higher for same sex sexual activity than it was for heterosexual sex. So, even if individuals were freely choosing such sexual activity, their consent was not legally recognised. </p>
<p>Assumptions around gender and sexuality also affect the way people think about intoxicated sexual consent today. For example, consider the public response to the so-called chemsex phenomenon: <a href="http://researchonline.lshtm.ac.uk/2197245/1/report2014a.pdf">chemsex</a> refers to the intentional use of drugs – often methamphetamine, GHB and mephedrone – to enhance and prolong sexual encounters between men who have sex with men. </p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/chemsex-exemplifies-much-wider-issues-with-drugs-and-sexual-consent-92689">Chemsex exemplifies much wider issues with drugs and sexual consent</a>
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<p>Chemsex has largely been portrayed as a <a href="https://gaynation.co/gay-chemsex-is-driving-a-new-public-health-crisis/">public health crisis</a>, with an emphasis on the potential for the transmission of HIV. Yet <a href="http://journals.sagepub.com/doi/abs/10.1177/0791603518773703?casa_token=o-Onv373jpYAAAAA:3dmtUd6fVBf2eD_Zt3ksPBZEMBxraRWOfEfeA3ckdvn149jy1_EAcWBlynM_q911XH_hET5-d7RMcQ">little attention is paid</a> to the sexual violence and exploitation men might well experience in chemsex settings. By contrast, when chemsex is discussed in relation to heterosexual people, the issue of sexual consent <a href="https://www.irishtimes.com/news/health/chemsex-drug-raises-concern-about-health-and-consent-1.2925583">moves to the forefront</a>. </p>
<h2>A worldwide survey</h2>
<p>It’s useful to reflect on how categories such as gender and sexuality – and indeed race, ability and social class – might affect the way intoxication and sexual consent are talked about and understood. But while these categories are important, they are not enough to explain why certain intoxicated sexual experiences are perceived by those involved as consensual, and others not. </p>
<p>Based on an earlier project, for which Aldridge spoke with a diverse group of people who had had sex on drugs, it seems that in order to understand the complexity of intoxicated consent, it’s necessary to probe further into the specific contextual elements of sex on drugs. That might include the settings in which this activity takes place (sex club, house party, music festival), the type of drug being consumed (MDMA, cannabis, alcohol) and the nature of relationship between those having sex (one-night stand, long-term relationship, group sex). </p>
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<p>Intoxicated consent can be negotiated successfully, but understanding how these other contextual factors affect sexual relationships is vital to addressing situations where it’s not. At present, <a href="https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/articles/sexualoffencesinenglandandwales/yearendingmarch2017">only a fraction</a> of sexual assault incidents are reported and even fewer result in convictions. </p>
<p>In 2013, the <a href="https://www.globaldrugsurvey.com/">Global Drug Survey</a> began to explore people’s experiences of intoxicated sexual consent. Out of 22,000 people, 20% reported having had been taken advantage of while intoxicated, while 5% said that this had happened in the last year. What’s more, 14% reported that they had been given drugs or alcohol by someone who intended to take advantage of them. </p>
<p>This year, the Global Drugs Survey is delving deeper. Researchers will be collecting contextual information from people who have been taken advantage of while intoxicated, including where they were, who they were with, their relationship with the person or people who took advantage of them and the type of drug they were using. </p>
<p>Cultural norms and tolerance for such behaviours vary between countries. Because the 2019 survey is translated into 22 languages, researchers will be able to compare outcomes across regions. The aim of this survey is to give a voice to those unable to speak out. The findings will be used to shape interventions that minimise harm and maximise support for people who have experienced sexual assault, while ensuring that perpetrators are correctly identified, and held responsible. </p>
<p><em>Take part in the 2019 Global Drugs Survey <a href="http://www.globaldrugsurvey.com/GDS2019">by clicking here</a>.</em></p><img src="https://counter.theconversation.com/content/106207/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Adam Winstock is the founder and CEO of Global Drug Survey Ltd, an independent research organisation based in London.GDS self funds through providing reports to media, public health and pharmaceutical organisations ant through training. It takes no money from the alcohol or tobacco industries. All research is independent of any government funding or research council funding. GDS self funds all its feee hair reduction tools. He has previously been award government funded and research council grants through his academic affiliations. He is a member of the DrugScience Expert Committee. </span></em></p><p class="fine-print"><em><span>Alex Aldridge does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Gender and sexuality can help understand consent – but there’s so much more to consider, when drugs are involved.Alex Aldridge, PhD Candidate, Royal Holloway University of LondonAdam Winstock, Honorary Clinical Professor, UCLLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/964572018-05-16T22:34:13Z2018-05-16T22:34:13ZWhy sexting must be on the curriculum<figure><img src="https://images.theconversation.com/files/218923/original/file-20180515-100722-u1ffv1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Research from around the world shows that at least one in eight teens has had a sexually explicit image of themselves forwarded, without consent.</span> <span class="attribution"><span class="source">(Shutterstock))</span></span></figcaption></figure><p>Sex education remains a fiercely debated topic, both in the media and among politicians.</p>
<p>A recent controversial segment on <a href="http://video.foxnews.com/v/5741848984001/?#sp=show-clips">Fox News’ <em>The Ingraham Angle</em></a> discussed whether schools should teach students about “sexting” (sharing sexually explicit images or videos through electronic means). In Canada’s largest province, the leader of Ontario’s Progressive Conservative party recently vowed to <a href="https://www.theglobeandmail.com/canada/article-doug-ford-vows-to-overhaul-ontario-education-system-if-elected/">repeal the sex-education curriculum</a> if elected premier in next month’s election. </p>
<p>We cannot politicize the reality of sexual behaviours in youth. The reality is that <a href="https://www.cdc.gov/healthyyouth/sexualbehaviors/">almost half of youth in the United States have sex prior to leaving high school</a>. </p>
<p>Teen sexting is also common. A study of more than 110,000 teens suggests that <a href="http://www.dx.doi.org/10.1001/jamapediatrics.2017.5314">one in every seven are sending sexts</a>, and one in four are receiving sexts. This number is on the rise. For example, the average rate of teens sending sexts went from five per cent in 2009 to 20 per cent in 2014 — <a href="http://www.dx.doi.org/10.1001/jamapediatrics.2017.5314">a fourfold increase</a>.</p>
<p>And, even more alarmingly, <a href="https://theconversation.com/one-in-seven-teens-are-sexting-says-new-research-92170">the prevalence of non-consensual sexting is 12 per cent</a>. This means that at least one in eight teens are having a sexually explicit image of themselves forwarded, without consent. In many countries, this represents a <a href="http://www.justice.gc.ca/eng/rp-pr/other-autre/cndii-cdncii/p6.html">criminal offence</a>. </p>
<p>Many parents are concerned about digital safety but <a href="http://www.pewinternet.org/files/2016/01/PI_2016-01-07_Parents-Teens-Digital-Monitoring_FINAL.pdf">only 40 per cent are talking regularly to their children about what is appropriate content to view and share online</a>. That leaves six out of every 10 youth potentially vulnerable to victimization. And this is why we need to talk about it in schools. </p>
<p>The central benefit of educating about digital health, safety and security in schools is that it provides teens with a “two-gated” approach. If conversations about digital health and safety are not happening at the first gate, in the youth’s home, then youth can receive this information at the second gate, at school. </p>
<p>The two-gated approach guarantees that 10 out of 10 youth will receive the information they need to avoid digital dilemmas and risks. </p>
<h2>Talking about consensual sex</h2>
<p>While the digital age has introduced many benefits, one of its perils is the risk of teens being bullied or harassed through electronic mediums, a phenomenon known as <a href="http://www.rcmp-grc.gc.ca/cycp-cpcj/bull-inti/index-eng.htm">cyberbullying</a>. </p>
<p>Cyberbullying is a <a href="http://psycnet.apa.org/record/2014-04307-001">real challenge for today’s teens that often results in psychological consequences varying from stress to suicidal ideation</a>. </p>
<p>The <a href="http://www.cbc.ca/news/canada/british-columbia/amanda-todd-anniversary-harassment-1.4347163">suicide of Canadian teenager Amanda Todd </a>is one example. At the age of 13, Amanda Todd was convinced to expose herself to a man she had met online, who took a picture of her and proceeded to blackmail her with the image. A sexually explicit photo of her was posted and widely circulated online. In a video posted to YouTube prior to her death, Amanda attributed her anxiety and depression to her online victimization and humiliation. </p>
<p>While rare, these cases highlight the need to discuss digital health and safety with youth. This topic is all the more pressing considering the near universal access that children and teens have to smartphones, computers and the internet. </p>
<p>Throughout the world, <a href="https://www.getcybersafe.gc.ca/cnt/rsrcs/cmpgns/cmpgn-06/gd-prnts-en.aspx">a concept known as digital citizenship</a> has been introduced into many school curricula. This concept refers to the practice of being safe, legal and ethical in one’s online behaviours. </p>
<p>Educating youth to be good digital citizens and to understand cyberbullying and digital dilemmas involves talking about consensual and non-consensual sex and sexting. </p>
<h2>A proactive approach</h2>
<p>Of course, we can’t put all the responsibility on schools and educators. Discussions about digital safety and health should be happening at home as well. </p>
<p>Parents should talk to their children early and often about this topic, as well as about sex, sexuality, peer pressure and healthy relationships. </p>
<p>The digital world is changing rapidly, and so too is teenage development, so parents need to revise and revisit these discussions as often as possible.</p>
<p>But, as mentioned, only 40 per cent of parents are actually having these conversations on a regular basis. </p>
<p>Clearly, we need to do a better job of disseminating the many existing resources that encourage and provide parents with tips on talking with their children about online safety and citizenship. Perhaps this could be a priority of <a href="https://www.whitehouse.gov/bebest/">Melania Trump’s new #BeBest campaign.</a></p>
<p>But a benefit of receiving information from multiple sources, including school, is that it provides more information and more opportunities for discussion. </p>
<p>Some children may find that they are more comfortable talking about digital health and safety in a group context, such as in school.</p>
<p>The key is to talk about digital safety early. Children and youth can then be equipped with solutions on how to deal with unwanted situations when they arise. </p>
<p>It’s a proactive approach rather than a reactive one. And it can safeguard our children.</p>
<p>If trusted adults include both parents and educators, it means our youth have more opportunities to get the help they need to rectify, remedy or make a supportive plan for dealing with a challenging situation. </p>
<h2>Call it digital health</h2>
<p>The decision to keep or discard a sex-education curriculum should not be debated. We are beyond that. </p>
<p>Instead, our focus should be on our children’s best interests. And how we as parents and educators can create the best circumstances for our youth to thrive. </p>
<p>As they develop, sexuality will continue to be a pressing topic on the minds of teens. Despite many of our best efforts or wishes, it’s not something that we can program out of them. Nor can we create a school curriculum that excludes sexuality from their collective thinking. </p>
<p>In fact, as research has shown the ineffectiveness of abstinence-only education programs on rates of both <a href="https://doi.org/10.1371/journal.pone.0024658">teenage pregnancy</a> and <a href="https://www.bmj.com/content/335/7613/248.short">sexually transmitted infections</a>, there has been a push towards more comprehensive sex education. With the growing role of technology in the most intimate aspects of our lives, it is negligent not to effectively prepare our kids for this reality. </p>
<p>Our argument is that educating kids about sexuality mediated through the internet is essential to keeping them safe. </p>
<p>Sexual education in school is a logical and effective way to encourage these discussions. Call it by a different name — digital health or digital citizenship — but it should be included, as the potential risks are too great to ignore.</p>
<p>Let’s not let the political narrative blur the lines of who and what we are most concerned about — the safety and well-being of our children and adolescents.</p>
<p><em>If educators are interested in resources for discussing digital citizenship, Common Sense Media has a <a href="https://www.commonsense.org/education/digital-citizenship">digital citizenship program for K-12</a>. Parents can also consult <a href="https://www.getcybersafe.gc.ca/cnt/rsrcs/cmpgns/cmpgn-06/gd-prnts-en.aspx">Digital Citizenship: Guide for Parents</a> for further information.</em></p><img src="https://counter.theconversation.com/content/96457/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Sheri Madigan receives funding from Social Sciences and Humanities Research Council, the Canada Research Chairs program, and the Alberta Children's Hospital Foundation.</span></em></p><p class="fine-print"><em><span>Camille Mori works in the Determinants of Child Development Lab at the University of Calgary, Alberta. </span></em></p><p class="fine-print"><em><span>Jeff Temple does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Sex-education curricula that openly discuss sexting, consent and other online behaviours have never been more important for teens – in Ontario and globally.Sheri Madigan, Assistant Professor, Canada Research Chair in Determinants of Child Development, Alberta Children’s Hospital Research Institute, University of CalgaryCamille Mori, M.Sc. student, clinical psychology program, University of CalgaryJeff Temple, Professor, Department of Obstetrics & Gynecology; Director, Behavioral Health and Research, The University of Texas Medical BranchLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/956172018-05-04T11:36:45Z2018-05-04T11:36:45ZAn international legal response to #MeToo, rape and sexual abuse is needed<figure><img src="https://images.theconversation.com/files/217737/original/file-20180504-166893-w6ciyf.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Thousands in Pamplona protest against rape sentence.</span> <span class="attribution"><a class="source" href="http://www.epa.eu/politics-photos/juicios-punishment-citizens-initiative-recall-photos/thousands-in-pamplona-protest-against-rape-sentence-photos-54295341">Villar Lopez/EPA</a></span></figcaption></figure><p>Rape and other forms of sexual abuse are a worldwide epidemic. The <a href="http://www.who.int/en/news-room/fact-sheets/detail/violence-against-women">World Health Organisation (WHO)</a> estimates that 35% of women worldwide have experienced physical or sexual intimate partner violence or non-partner sexual violence. And according to <a href="http://www.unwomen.org/en/what-we-do/ending-violence-against-women/facts-and-figures">UNICEF</a>, around 120m girls worldwide have experienced “forced intercourse or other forced sexual acts” at some point in their lives.</p>
<p>Over the past year, there has been mass mobilisation against these forms of abuse. From <a href="https://metoomvmt.org/">#MeToo</a> and <a href="https://www.timesupnow.com/">#TimesUp</a> in Hollywood, to <a href="https://www.irishexaminer.com/breakingnews/ireland/ibelieveher-rallies-taking-place-nationwide-in-aftermath-of-belfast-rape-trial-834804.html">#IBelieveHer</a> in Northern Ireland and <a href="https://www.thelocal.es/20180430/cuentalo-spanish-women-launch-their-own-metoo-movement">#Cuéntalo</a> in Spain, women around the world are sharing their stories on social media, organising protests and expressing their frustration with the criminal justice systems of their respective jurisdictions.</p>
<p>Yet despite this increased attention, laws around the world continue to fail victims of rape and sexual abuse. It is time this, too, changed.</p>
<h2>Inadequate laws</h2>
<p>A 2017 report by <a href="https://www.equalitynow.org/sites/default/files/EqualityNowRapeLawReport2017_Single%20Pages.pdf">Equality Now</a> reviewed the laws on sexual violence of 82 jurisdictions around the world. While rape has been understood as a crime against an individual’s sexual autonomy since 2003 in the <a href="https://www.coe.int/t/dg2/equality/domesticviolencecampaign/resources/M.C.v.BULGARIA_en.asp">international human rights arena</a>, the report found that it continues to be based on patriarchal ideals in many countries.</p>
<p>For example, rape is treated as a moral crime in 15 jurisdictions, including Afghanistan, Belgium and China, and marital rape is not punished in 10 of the jurisdictions surveyed, including India, Indonesia and Jordan. The perpetrator can also escape punishment if he marries the victim in nine jurisdictions, such as Bahrain, Iraq and Jordan, or if he reaches a settlement with the family in 12 jurisdictions, including Belgium, Croatia and Iraq.</p>
<p>Provisions such as these demonstrate a deep misunderstanding of the harm of rape. They locate it in outdated perceptions of women based on their value as the <a href="https://global.oup.com/academic/product/the-victimization-of-women-9780199765119?cc=us&lang=en&">property of men</a>. </p>
<p>Further to this, the report noted burdensome corroboration laws in countries such as Peru and Yemen requiring, for example, a medical examiner’s report before the burden of proof can be discharged. This requirement suggests a distrust of women and is reminiscent of <a href="http://eprints.uwe.ac.uk/6478/1/Download.pdf">Sir Matthew Hale’s</a> problematic 17th-century opinion that rape “is an accusation easily to be made and hard to be proved”.</p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"979350299604287488"}"></div></p>
<h2>Consent</h2>
<p>Impoverished understandings of rape and sexual abuse are linked to concerns over the role of consent versus a focus on force in defining these crimes.</p>
<p>This is a particularly <a href="http://www.julietdavis.com/oldsite/WST383/rape.pdf">contested</a> aspect of rape law that is complicated by the existence of myths and stereotypes surrounding what amounts to “<a href="http://www.hup.harvard.edu/catalog.php?isbn=9780674749443">real rape</a>”, often perceived as the young virginal women attacked and overpowered by a stranger.</p>
<p>In 2016, for example, the German justice minister <a href="https://www.equalitynow.org/sites/default/files/EqualityNowRapeLawReport2017_Single%20Pages.pdf">Heiko Maas</a> criticised the then definition of rape, which required that the act take place by force, among other exploitative factors. Maas asked: “Does a woman need to be killed or severely beaten to prove she did not consent to rape?”</p>
<p>Similar concerns have been raised in 2018 due to the <a href="https://www.theguardian.com/world/2018/apr/26/protests-spain-five-men-cleared-of-teenagers-gang-rape-pamplona">failure</a> in April of a Spanish court to convict five men of raping a young woman. The court instead found them guilty of the lesser crime of sexual abuse, as the latter does not require proof of violence or intimidation.</p>
<h2>The international position</h2>
<p>According to international human rights law, domestic states are required to prosecute any non-consensual sexual act.</p>
<p>In 2003, for example, the European Court of Human Rights surveyed <a href="https://www.coe.int/t/dg2/equality/domesticviolencecampaign/resources/M.C.v.BULGARIA_en.asp">international and domestic law on rape</a>, noting a “universal trend towards regarding lack of consent as the essential element of rape and sexual abuse” and criticising any “rigid approach” to the crime that requires proof of force or resistance.</p>
<p>In 2010 the <a href="https://projects.iq.harvard.edu/violenceagainstwomen/publications/vertido-v-philippines">Committee on the Elimination of Discrimination Against Women</a> reinforced this position. It explained that rape should be defined by either requiring the existence of “unequivocal and voluntary agreement” or requiring that the act take place in “coercive circumstances”.</p>
<p>The <a href="https://rm.coe.int/16800d383a">commentary attached</a> to the 2011 <a href="https://www.coe.int/en/web/istanbul-convention/home?desktop=false">Istanbul Convention</a>, the Council of Europe’s convention against violence against women and domestic violence, further clarifies the position. International law now requires that where a definition of rape does not explicitly mention consent, the definition must interpreted as including the notion of a lack of freely given consent.</p>
<p>But the difficulty with this, as evidenced in Spain, is that narrow interpretations of what constitutes force continue to hinder the application of definitions of rape based on violence or force.</p>
<h2>Keeping consent central</h2>
<p><a href="http://www.stopvaw.org/consent_force_and_coercion">Many argue</a> that it is therefore more desirable to define rape in terms of consent instead of in terms of force or coercion. This is not to say the consent threshold is perfect. Indeed, definitions centred on consent often require proof that the <a href="http://journals.sagepub.com/doi/abs/10.1177/0964663916647442">perpetrator did not reasonably believe</a> the victim consented – such as in the United Kingdom, New Zealand and Australia. What amounts to reasonable belief is a <a href="https://www.tandfonline.com/doi/abs/10.1080/13552600.2014.900122">contested</a> issue and often invites scrutiny of the victim’s behaviour, as opposed to focusing on the perpetrator. </p>
<p>For instance, although resistance is not required to demonstrate lack of consent, this is a <a href="http://opus.bath.ac.uk/53324/1/Smith_and_Skinner_How_rape_myths_are_used_at_trial.pdf">common defence strategy</a> used to undermine the complainant’s account and attach “reasonableness” to the actions of the perpetrator.</p>
<p>But there has been a recent shift in some jurisdictions to what has been described in international human rights law as the “<a href="https://www.coe.int/t/dg2/equality/domesticviolencecampaign/resources/M.C.v.BULGARIA_en.asp">equality approach</a>” to consent. This approach begins by examining not whether the complainant said “no”, but whether they said “yes”.</p>
<p>In this case, reasonable belief in consent cannot be established unless the perpetrator actively sought and obtained positive consent.</p>
<p><a href="http://www.thejournal.ie/iceland-consent-3943673-Apr2018/">Iceland</a> has recently introduced a definition of consent that requires consent to be “expressed”, and similar reforms are expected in <a href="https://www.thelocal.se/20180320/swedish-government-to-push-ahead-with-new-sexual-consent-law">Sweden</a>.</p>
<p>Efforts to formulate a more positive affirmative model of consent will not solve all of the problems associated with the crime. But it might go some way to challenging the “real rape” stereotype as well as the problematic attitudes surrounding what does and does not amount to appropriate behaviour that are at the heart of movements such as #MeToo.</p><img src="https://counter.theconversation.com/content/95617/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Eithne Dowds does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Laws around the world continue to fail victims of rape and sexual abuse. It is time this, too, changed.Eithne Dowds, Lecturer in International Criminal Law, Queen's University BelfastLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/944662018-04-20T14:11:36Z2018-04-20T14:11:36ZAfter Weinstein: two women on why we still need to explain the difference between flirting and sexual harassment<figure><img src="https://images.theconversation.com/files/215755/original/file-20180420-75100-abaj5g.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-illustration/october-14-2017-illustration-showing-controversial-734140321">Shutterstock</a></span></figcaption></figure><h2>Helena Bassil-Morozow: we need a ‘good conduct’ guide</h2>
<p>Following the high-profile toppling of <a href="https://www.vox.com/culture/2017/10/6/16431674/harvey-weinstein-allegations-explained">Harvey Weinstein</a> in autumn 2017, there was a significant shift in the way society perceives the power balance in the workplace. Though we are still far from solving it completely, at least we can now talk about one of the most enduring and complex taboos of Western societies: abuse of power, particularly when it takes the form of sexual harassment or rape.</p>
<p>After the release of actress <a href="https://www.theguardian.com/film/2018/jan/30/brave-rose-mcgowans-memoir-details-by-harvey-weinstein">Rose McGowan’s memoir Brave</a>, whose allegations of rape and abuse erupted the whole Weinstein affair, things changed overnight. I still remember the shock I felt when I realised that people were actually talking openly about this abuse of power. Western societies operate on an unspoken set of assumptions, all united by the idea of fairness, democracy and equality.</p>
<p>Abuse of power, particularly of a sexual kind, is almost a taboo subject. Its discussion in the workplace is usually relegated to the shadowy world of rumours and innuendo (such as Seth Macfarlane’s 2013 Oscar joke, below), but the subject rarely sees the light of the day. In the past, we seemed reluctant to acknowledge that something like this goes on in a society that promotes equality, diversity and merit.</p>
<figure>
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<figcaption><span class="caption">YouTube.</span></figcaption>
</figure>
<p>At last we have witnessed via the Weinstein allegations the start of a dialogue, even if we are some way from definitive solutions to the problem. But in raising the issue of undesirable sexual behaviour, we also need to be careful not to see it where it does not exist, not to turn all human actions into punishable offences. If everyone becomes a stalker, what happens to romantic relationships?</p>
<p>In December 2017, I stumbled upon <a href="https://www.ebg.admin.ch/ebg/en/home/topics/work/sexual-harassment-in-the-workplace.html">a guide</a> provided by the Swiss parliament to its employees on the issue of flirting in the workplace. This was basically <a href="https://www.thelocal.ch/20171213/swiss-mps-given-good-conduct-guide-following-sexual-harassment-case">their response</a> to the #MeToo campaign. Although a little simplistic and even patronising, this “good conduct guide” is a valid attempt to clarify the difference between flirting and harassment. The main distinction it makes is that of reciprocated feelings and respect versus treating a person as a fantasy figure expected to fulfil one’s wishes.</p>
<figure class="align-right ">
<img alt="" src="https://images.theconversation.com/files/215758/original/file-20180420-75126-9vxdlt.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/215758/original/file-20180420-75126-9vxdlt.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=656&fit=crop&dpr=1 600w, https://images.theconversation.com/files/215758/original/file-20180420-75126-9vxdlt.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=656&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/215758/original/file-20180420-75126-9vxdlt.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=656&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/215758/original/file-20180420-75126-9vxdlt.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=824&fit=crop&dpr=1 754w, https://images.theconversation.com/files/215758/original/file-20180420-75126-9vxdlt.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=824&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/215758/original/file-20180420-75126-9vxdlt.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=824&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Actress Rose McGowan, the first woman to come out with public allegations of rape and abuse by Harvey Weinstein.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/cannes-france-may-19-rose-mcgowan-49523113">Shutterstock</a></span>
</figcaption>
</figure>
<p>Among the qualities of a healthy relationship, the guide lists “mutuality and respect for personal boundaries”. It is also a “source of joy and self-esteem”. By contrast, a bad relationship is one-sided, degrading and involves breaking the other’s boundaries, whether physical or psychological. </p>
<p>That’s all well and good, but how does one actually spot, achieve or define mutuality? For instance, some people may imagine signs of reciprocity where none are expressed. A colleague may have a crush on you and attempt to attract your attention in ways which you may perceive as awkward or too intense if you do not feel the same way. It’s all further complicated by the fact that human actions are not always consciously expressed or thoroughly understood.</p>
<p>Using the Swiss parliament’s guide as an inspiration, I’ve come up with the list of “danger signs” to look out for when engaging in any romantic behaviour, particularly in a professional setting.</p>
<ul>
<li><p>Is there a <a href="https://www.grammarly.com/blog/quid-pro-quo/">quid pro quo</a> element? This can take a variety of forms, all of which would require a person to agree to sex in exchange for a professional benefit (a job, a promotion, or funding). This is the surest sign that this is not a relationship of equals, and Weinstein is a classic example. Often when quid pro quo is present, the whole relationship is not about mutuality and equality – nor even sexual attraction – but about hierarchy and demonstration of power. This kind of relationship is narcissistic: the person offering the exchange is simply testing the limits of their position. In its most extreme forms, it is manifested in threats to withdraw existing privileges rather than in offers of new benefits. </p></li>
<li><p>Are physical boundaries violated when one person clearly indicates that they do not wish to engage in physical contact? This is usually exacerbated by quid pro quo situations in which the offending individual believes that she or he “owns” their subordinates. Rape is the most extreme form of this. On the matter of what constitutes sexual assault, the <a href="https://www.legislation.gov.uk/ukpga/2003/42/contents">Sexual Offences Act 2003</a> states: </p></li>
</ul>
<blockquote>
<p>(1) A person (A) commits an offence if:</p>
<p>a) he intentionally touches another person (B)</p>
<p>b) the touching is sexual</p>
<p>c) B does not consent to the touching, and</p>
<p>d) A does not reasonably believe that B consents.</p>
<p>(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.</p>
</blockquote>
<p>I am aware that this description is fairly vague and open to interpretation, particularly around what kind of touching can be considered sexual, or what is “reasonable belief” that an act of consent has taken place. </p>
<ul>
<li><p>Is the sexual/romantic attention manifested in the form of name-calling and other denigrating expressions? For instance, being propositioned is not in itself a problem, but when a person you barely know explains they would like to have sex with you using graphic sexual slang, this is highly problematic. Again, this is a serious boundaries issue, and being “invaded” like this feels dehumanising to the other person.</p></li>
<li><p>Finally, the issue of excessive attention. Unless it takes the above three forms, this could be solved by communicating to the other person that their attention is unwanted. This should not be hinted at, but clearly explained. Falling in love is not a crime, but it has to be mutual.</p></li>
</ul>
<p>It all boils down to treating other people as individuals, not objects. In sensitive situations, we all need to be clear about what the other person wants instead of projecting ideas and fantasies on to them. It is about connecting fully with another human being, where feelings are shared and understood. Anything less is just not love.</p>
<h2>Katy Proctor: we need zero tolerance</h2>
<p>My interpretation of these events is a little less forgiving than my colleague’s. As I see it, the problem does not lie in seeing abuse where it isn’t and “overreacting”. Women have to navigate a minefield of sexual comments, attention and harassment on a daily basis, modifying their reactions and behaviour to defuse risky situations. Women are the best judges of risk and malicious intent, something they are not credited for – and rarely do they see it where it isn’t.</p>
<figure class="align-left ">
<img alt="" src="https://images.theconversation.com/files/215761/original/file-20180420-75110-651kig.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/215761/original/file-20180420-75110-651kig.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=900&fit=crop&dpr=1 600w, https://images.theconversation.com/files/215761/original/file-20180420-75110-651kig.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=900&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/215761/original/file-20180420-75110-651kig.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=900&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/215761/original/file-20180420-75110-651kig.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1131&fit=crop&dpr=1 754w, https://images.theconversation.com/files/215761/original/file-20180420-75110-651kig.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1131&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/215761/original/file-20180420-75110-651kig.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1131&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">After multiple sex abuse allegations, Weinstein was fired from his film company Miramax and shunned.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/los-angeles-feb-22-harvey-weinstein-381077386">Shutterstock</a></span>
</figcaption>
</figure>
<p>Guidelines on “how to behave” fail to recognise that it isn’t necessarily the individual acts that are the problem – no matter how explicit they are. The problem lies when these incidents merge into a course of conduct in the context of unequal power relations. These are not awkward gestures of romantic pursuit, these are calculated acts exploiting a situation for personal gain. </p>
<p>After a <a href="https://www.nbcnews.com/storyline/sexual-misconduct/weinstein-here-s-growing-list-men-accused-sexual-misconduct-n816546">tsunami of allegations</a> of serial sexual abuse against male celebrities, there have been many welcome calls for serious change in attitudes and behaviour. </p>
<p>In their wake, of course, there have been the inevitable defensive claims of “it was a different time back then” to “this is just political correctness gone mad” and more recently, “women keep changing their minds about what is acceptable behaviour” and “how are men supposed to navigate the fine line between flirting and harassment these days?”.</p>
<p>The narrative here is that women’s behaviour is confusing men and causing the miscommunication which can lead to abusive behaviour. These particular blame-shifting narratives started with the <a href="https://www.telegraph.co.uk/men/thinking-man/10950998/Should-I-be-worried-about-how-I-behaved-in-the-1970s.html">Jimmy Savile scandal</a> in an attempt to find a reason why his visible abuses were minimised and ignored. And they are still used regularly to excuse and justify abusive behaviour.</p>
<p>Apparently, they didn’t know that what they were doing was wrong, it was a different time and it was just the “norm”; women expected it and enjoyed the attention. I can’t argue that it wasn’t the norm and that women probably did expect the attention, but that doesn’t automatically translate as “they enjoyed it”. In actual fact, many found it abusive – the sheer number of recent disclosures testifies to that. As for the rest of the excuses, they are nothing more than fantasy.</p>
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<p>Women have been protesting against this kind of treatment for decades, centuries even. It seems that every alleged celebrity perpetrator has a string of silenced historical complaints made against them. Each person targeted has been victimised deliberately, in a context of unequal power to prevent them from speaking out, being believed, or taken seriously. For a long time, many people – not least the perpetrators – have known that these types of behaviours were wrong.</p>
<p>Those who say otherwise are indulging in “<a href="https://www.encyclopedia.com/social-sciences/dictionaries-thesauruses-pictures-and-press-releases/vocabularies-motive">vocabularies of motive</a>”, contextualising their attitudes and actions in ways that not only justify and remove responsibility from those who perpetrate the abuse, but firmly place the responsibility and blame on those who endure it.</p>
<p>A set of guidelines reaffirming the definitions of flirting and sexual harassment, or listing acceptable and non-acceptable behaviours is at best pointless. More worryingly, however, guidelines just fuel the raging fires of vocabularies of motive. We know that abuse is planned to be perpetrated in the grey areas of life, not the well defined. We also know that no matter how watertight a set of guidelines, a defence solicitor worth their salt will argue the loopholes exhaustively.</p>
<p>Perpetrators rely on blurring the boundaries to manipulate a picture of innocence. Setting more (ultimately arbitrary) boundaries for them to blur, therefore, will only provide them with more excuses, as in “I didn’t realise the action in that context was inappropriate”. Not only that, but it boosts the perpertrator’s inherent narcissism and feelings of entitlement.</p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/215757/original/file-20180420-75126-14y65et.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/215757/original/file-20180420-75126-14y65et.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=399&fit=crop&dpr=1 600w, https://images.theconversation.com/files/215757/original/file-20180420-75126-14y65et.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=399&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/215757/original/file-20180420-75126-14y65et.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=399&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/215757/original/file-20180420-75126-14y65et.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=502&fit=crop&dpr=1 754w, https://images.theconversation.com/files/215757/original/file-20180420-75126-14y65et.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=502&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/215757/original/file-20180420-75126-14y65et.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=502&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Jimmy Savile was a predatory abuser who had friends in high places and hid in plain sight.</span>
<span class="attribution"><a class="source" href="https://www.paimages.co.uk/image-details/2.5136037">PA</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span>
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</figure>
<p>We need a zero tolerance approach to gender inequality to convince those who abuse their power that they are not entitled to do so. There are many areas of criminality where claims of ignorance regarding the law are not deemed an acceptable defence. Why do we continue to allow and facilitate claimed ignorance as a defence when it comes to sexual assault?</p>
<p>The high number of credible (and high-profile) allegations made by women against Weinstein means he has been publicly cast as a serial abuser and shunned. But like Savile, he has managed to create a new benchmark for the new language of motive – “That’s just what we did in those circumstances, how was I supposed to know women would change the rules?”.</p>
<p>Providing a new set of guidelines on now to behave appropriately can only facilitate denials of understanding of past abuse – “if only I had known that back then”, or for future abuse – “I must have misinterpreted that”. The rules haven’t changed, only the excuses.</p><img src="https://counter.theconversation.com/content/94466/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Do we need a code of conduct to clarify issues around sexual harassment or worse in the workplace or zero tolerance to send the right message?Helena Bassil-Morozow, Lecturer in Media and Journalism, Glasgow Caledonian UniversityKaty Proctor, Lecturer in Criminology and Policing, Glasgow Caledonian UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/943342018-04-04T11:16:54Z2018-04-04T11:16:54ZWhy the age of sexual consent continues to be a worldwide challenge<figure><img src="https://images.theconversation.com/files/213145/original/file-20180404-189830-1ao3x2p.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/arrested-teenager-boy-drug-trafficking-criminal-1060623818?src=gOC2QVlWE9yEl6jL4Kravg-1-66">shutterstock/MIAStudio</a></span></figcaption></figure><p>France is <a href="https://www.independent.co.uk/news/world/europe/france-consent-age-sex-15-rape-new-law-children-minister-marlene-schiappa-a8237226.html">considering changing</a> its legal age of consent so that sex before the age of 15 is automatically considered rape after <a href="https://www.independent.co.uk/news/world/europe/french-man-11-year-old-girl-consensual-sex-abuse-montmagny-a8209586.html">recent child sex cases</a> raised serious concerns. At the moment, prosecutors have to prove that the underage sex was non-consensual to obtain a rape conviction. </p>
<p>The change is being proposed as a way to <a href="http://www.bbc.co.uk/news/world-europe-41966245">tackle issues with the laws</a> in France that mean if no violence or coercion has taken place or been proved, offenders can only be charged with sexual abuse and not rape. In fact, sentences of this nature are the same for sexual assaults of minors and non-minors.</p>
<p>The debate around the age of consent is still as relevant and as serious as it ever was. In the UK, the age of consent is 16. But in Germany and Italy it is 14, whereas in Turkey the <a href="https://www.ageofconsent.net/continent/europe">age of consent is 18</a>. Yet, if we consider that <a href="http://www.huffingtonpost.co.uk/peter-g-tatchell/age-of-consent_b_4314619.html">one in three teenagers</a> are having sex before the age of 16, does that mean the age of consent needs to be considered again in the UK? </p>
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<h2>Children and the law</h2>
<p>It is an issue that emerges <a href="https://www.theguardian.com/uk-news/2017/sep/14/revised-uk-child-sexual-consent-guidelines-provoke-backlash">time and time again in the UK</a> and it always remains at deadlock. But does UK law ensure that our children are always on the edge of being a “sex offender”?</p>
<p>In the UK, under the <a href="https://www.legislation.gov.uk/ukpga/2003/42/contents">Sexual Offences Act 2003</a>, it is illegal to engage in sexual activity with someone under the age of 16. In some cases, it may be a defence to say that it was reasonable that there was a belief that the person was 16 or over. But, ordinarily, a “sex offender” is likely to be imprisoned for around five years if someone was under 18 at the time. The sentence increases to ten years to life if the offender <a href="https://www.theguardian.com/commentisfree/libertycentral/2010/apr/15/teenagers-law-human-right-consensual-sex">is over 18 at the time of the offence</a>.</p>
<p>In effect, it does not matter what your age is. But if you have sex with someone under 16, you become a sex offender. That is despite half of all UK teenagers <a href="http://www.huffingtonpost.co.uk/peter-g-tatchell/age-of-consent_b_4314619.html">having their first sexual experience</a> by the age of 14, according to the National Survey of Sexual Attitudes and Lifestyles. So is it right to see <a href="http://www.huffingtonpost.co.uk/peter-g-tatchell/age-of-consent_b_4314619.html">young people hauled before the courts</a>, convicted and put on a sex offenders register alongside adult rapists and paedophiles?</p>
<p>This is the reality but the law is there for a reason – to protect the vulnerable and less experienced. Although this does not always happen. The NSPCC says five child sex offences are <a href="https://www.nspcc.org.uk/what-we-do/news-opinion/child-sex-offences-uk-record-rise/">reported every hour</a>. It is no surprise then that people have expressed concerns that some sex offenders would see any change in the law on consent as an opportunity to <a href="https://www.theguardian.com/uk/2006/apr/09/labour.immigrationpolicy">focus their sexual intentions</a> on young teenagers. The worry is it could lead to an increase in abuse cases and increasing pressure to have sex at a younger age.</p>
<p>Some are concerned that it might lead to a further increase in STI rates and unwanted pregnancies (the UK has some of the <a href="https://www.theguardian.com/society/2016/jul/18/how-uk-halved-teenage-pregnancy-rate-public-health-strategy">highest rates of teenage pregnancies</a> in Western Europe). </p>
<p>There are wider issues relating to the <a href="https://www.gov.uk/government/publications/letting-children-be-children-report-of-an-independent-review-of-the-commercialisation-and-sexualisation-of-childhood">sexualisation of childhood</a> and the culture that we live in. Can we not just let children be children? </p>
<p>There is also the issue of education – or lack of it – in schools and at home relating to <a href="https://www.theguardian.com/healthcare-network/2015/mar/24/sex-education-uk-teenagers-pregnancy-sexually-transmitted-infections">sexual consent and behaviour</a>. So lowering the age of consent is not necessarily the answer. </p>
<h2>A confusing global picture</h2>
<p>While 16 remains the average age of consent in Europe and beyond, there are dramatic differences globally. This ensures there are confused messages about when it is right to have sex or not. In some countries, you have to be married before you have any sexual relations (Iran, Pakistan and Saudi Arabia). In other countries, you can have sex from the age of 11 (Nigeria) and quite a few countries allow the age of consent to be 13, <a href="https://www.ageofconsent.net/world">including Japan and Niger</a>. For many, for the age of consent to be so low is unthinkable. But it may reflect the traditions, religion, culture and history of a particular country. </p>
<p>Perhaps the laws of consent need to be more flexible and realistic to ensure that young people are protected. At the same time, there must be an appreciation that many reach sexual maturity quicker than others and therefore are able to make choices about their own bodies. For example, in Canada, while the age of consent is 16, <a href="http://www.independent.co.uk/news/uk/home-news/confused-messages-an-emotive-debate-reignites-about-the-uk-s-age-of-consent-8945535.html">the legislation is constructed</a> in such a way that older sexual predators would be prosecuted rather than young teenagers who might be in established relationships, even if they have not quite reached the age of 16. This also alleviates some of the pressure associated with having sex at a younger age.</p>
<p>The issue of consent is an emotive one that may never be fully resolved. But it is an important issue for people of all ages. France is having that debate once again. Perhaps it is time the UK joined in?</p><img src="https://counter.theconversation.com/content/94334/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michael Richards does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>France is having a debate over the age of sexual consent. Perhaps it is time the UK joined in.Michael Richards, Lecturer in Applied Health and Social Care, Edge Hill UniversityLicensed as Creative Commons – attribution, no derivatives.