Sexual consent

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

In the late 1980s, academic Lois Pineau argued that society must move towards a more communicative model of sexuality so that consent becomes more explicit and clear, objective and layered, with a more comprehensive model than "no means no" or "yes means yes". Many universities have instituted campaigns about consent. Creative campaigns with attention-grabbing slogans and images that market consent can be effective tools to raise awareness of campus sexual assault and related issues.

In Canada, "consent means [...] the voluntary agreement of the complainant to engage in sexual activity" without abuse or exploitation of "trust, power or authority", coercion or threats. Consent can also be revoked at any moment. The Supreme Court of British Columbia ruled that badgering alone, followed by an agreement, does not meet the threshold of coercion to vitiate consent.

Since the late 1990s, new models of sexual consent have been proposed. Specifically, the development of "yes means yes" and affirmative and ongoing models of consent, such as Hall's definition: "the voluntary approval of what is done or proposed by another; permission; agreement in opinion or sentiment." Hickman and Muehlenhard state that consent should be "free verbal or nonverbal communication of a feeling of willingness' to engage in sexual activity." Affirmative consent may still be limited since the underlying, individual circumstances surrounding the consent cannot always be acknowledged in the "yes means yes", or in the "no means no", model.

Within the scholarly literature, definitions surrounding consent and how it should be communicated have been contradictory, limited or without consensus. Dr James Roffee, a senior lecturer in criminology in the Monash University School of Social Sciences, argues that legal definition (see Legal concept of consent) needs to be universal, so as to avoid confusion in legal decisions. He also demonstrates how the moral notion of consent does not always align with the legal concept. For example, some adult siblings or other family members may voluntarily enter into a relationship, however the legal system still deems this as incestual, and therefore a crime. Roffee argues that the use of particular language in the legislation regarding these familial sexual activities manipulates the reader to view it as immoral and criminal, even if all parties are consenting. Similarly, some minors under the legal age of consent may knowingly and willingly choose to be in a sexual relationship. However, the law does not view this as legitimate. While there is a necessity for an age of consent, it does not allow for varying levels of awareness and maturity. Here it can be seen how a moral and a legal understanding do not always align.

Some individuals are unable to give consent, or even if they can verbally indicate that they consent, they are deemed to lack the ability to make informed or full consent (e.g., minors below the age of consent or an intoxicated person). People may also consent to unwanted sexual activity.

In Canada, implied consent has not been a defence for sexual assault since the 1999 Supreme Court of Canada case of R v Ewanchuk, where the court unanimously ruled that consent has to be explicit, instead of merely "implied". In the United States, the defense may have a chance to convince the court that consent was in some way implied by the victim. Many actions can be perceived by the court as implied consent: having a previous relationship with the alleged rapist (e.g. befriending, dating, cohabitating, or marrying), consenting to sexual contact on previous occasions, flirting, or wearing "provocative" clothing.

Unwanted sexual activity can involve rape or other sexual assault, but it may also be distinguished from them. Jesse Ford, the author of a 2018 study that showed that men are having unwanted sex with women to "prove they are not gay", states that "[a]ll sexual assault is unwanted sex, but not all unwanted sex is sexual assault."