Sexual Consent

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Types of Consent

IMPLIED

CONSENT - Not stated, but comes across

through facial expressions, body language, context, behaviour.

EXPRESS

CONSENT - Consent that is stated in words

i.e. contract or promise.

INFORMED

CONSENT - Consent that is expressed, but

also understood (clear mind).

VOLUNTARY

CONSENT - Consent that is expressed,

understood and freely given.

COERCED

CONSENT - Consent that is forced, under pressure or threat.

Tea Consent (Clean) (Einbetten)

There are two views of consent:

Consent

necessary condition:

A basic requirement for sexual

activity

With consent sex may be ethical

Paternalistic

approach

Without consent sex is always wrong

Consent

as a sufficient condition:

If consent is given then sex is

ethical

This view allows for a variety of

sexual activity i.e. 3-somes, sado-masochism, casual sex, all are

ethical once consented to

Libertarian

approach

Both Paternalists and Libertarians

agree that children cannot give consent to sex, as they are not informed and

are likely to have been coerced.

Thomas Mappes argues that sex is always

permissible providing VOLUNTARY INFORMED CONSENT is given by all parties. He

supports the Kantian view that it is always wrong to use another person i.e.

through deception or coercion.

Seite 2

"Why couldn't she just keep her knees together?" http://www.dailymail.co.uk/news/article-3312145/Couldn-t-just-knees-Sexist-Federal-Court-judge-revie...

Man jailed for recklessly infecting women with HIV http://www.bbc.co.uk/news/uk-england-bristol-35070064

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Other things to consider

Other factors in consent:

AUTHORITY - Relationships between those with

responsibility/duty of care are often viewed as non-consenting even if over the

legal age of consent.

MENTAL CAPACITY - Those suffering with mental

illness or disability might be unable to give consent, also applies to

intoxication.

SEDUCTION - Use

of manipulation - would anyone consent

to sex without some aspect of seduction? ‘Chemistry’ challenges Mappes

approach.

WITHIN MARRIAGE - In 1991 Marital Rape Exemption

was abolished in England & Wales (1989 in Scotland). Bertrand Russell

stated “the total amount of undesired sex

endured by women is probably greater in marriage than in prostitution.”

The age of consent around the world:

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Evaluation

Strengths:

Consent is a clear expression of an

individuals choice

Consent is increasingly the basis

of law

Consent is based on the idea of

human rights

Consent may be a necessary rather

than a sufficient precondition for sex

Limitations:

Consent is sometimes ambiguous

Confusion arises over who can give

consent

Consent leaves the vulnerable

unprotected – adults can be too immature, ignorant etc. to consent to sex.

Consent leads to permissiveness –

leads to Libertarian conclusions, anything is morally acceptable as long as

consented to.