Understanding Sexual Consent: An Essential Part of Relationships - Research Paper

Introduction

Consent to sexual activity is necessary among married couples and unmarried adults already in a relationship. The term 'sexual consent' refers to an explicit agreement between two people to engage in specific sexual activity or to have sexual intercourse (Beres 95). Many authors define it as an agreement to have sex, while others have argued that it is a moral transformation that should involve mental and physical activities (Beres 95). It is essential to have consent since without it; sex would rather be rape. However, both women and men have a right to refuse sex, and thus suggest that the act can only be done with consent. This paper critically evaluates the scope of sexual consent and the circumstances under which an individual cannot provide consent. Also, it highlights some of the misconceptions about sexual consent besides the potential consequences for engaging in sex without consent. However, it is essential to implement stringent laws about sexual consent to protect under-aged children from sexual exploitation. Such regulations are also necessary to prevent the spread of sexually-transmitted infections and psychological impacts that result from coerced sex.

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What Sexual Consent Looks Like

There are many ways to obtain consent to sexual activity. However, a mutual agreement to engage in sexual activity doesn't need to be verbal (Davidson 203). This aspect implies that consent is about communication and thus, can either be oral or written. Nonetheless, a verbal agreement to engage in sexual activity is critical since it enables the partners to respect each other's boundaries. Partners in a sexual relationship, including married couples, should give consent for all recurring sexual contact. Therefore, granting permission for a single sexual activity does not necessarily mean an agreement to engage in sexual activities in the future.

Any mutual agreement to participate in sexual activity, according to Davidson, should have five characteristics to qualify as a valid and legally acceptable consent (202). First, no person should be coerced to give consent. This aspect implies that consent should be a person's positive and freely given expression to participate in a specific sexual contact. Secondly, consent to engage in any sexual activity is absent until a person communicates the willingness by words, conduct, or even both (Davidson 203). Thirdly, any person has a right to revoke his or her sexual consent at any time. An individual, in this case, can communicate the unwillingness to have sex, through words, conduct, or both methods. Fourthly, lack of verbal or physical resistance in itself does not constitute sexual consent. Finally, consent to sexual conduct should not be a product of threat, coercion, restraint, or force. As such, an agreement to participate in any sexual penetration is not "freely given" (Davidson 203). This aspect suggests that coerced sexual consent amounts to rape, especially where the act inflicts serious bodily injury. It is worth noting, in this perspective, that both parties should have a minimum age of consent.

However, Catherine MacKinnon, a vocal critic of consent-paradigm, argued that consent should not be the basis of defining sexual crimes such as rape. According to MacKinnon, sex is consensual when it is not needed, especially under conditions of inequality (265). Therefore, defining rape and other forms of sexual crimes in terms of consent would exonerate sexual interactions that are non-voluntary, coerced, unwanted, non-mutual, and one-sided. The author further argued that the existing legal definitions of sexual violence do not consider the experiences that the perpetrators or victims understand from their life experiences (MacKinnon 266). The basis of this argument is that the existing sexual assault legal framework focuses on consent without studying it as a practice of inequality. Such laws would look different if it were to recognize consent as a practice of inequality. Rape, in particular, would be a physical attack of a sexual nature while inequalities would be coercive conditions (MacKinnon 266).

Examples of How Consent Do Not Look Like

Several practices and situations do not reflect valid consent to sexual activity. First, refusing to acknowledge "no" does not give explicit consent to sexual activity. Secondly, a person below the legal age does not qualify to agree to participate in any sexual activity. Minors, in this case, do not have a proper understanding of sexual acts and their consequences. Therefore, any sexual conduct with a person below the legal age is a form of sexual exploitation. It also implies that a person engaging in sexual activities with minors is taking advantage of their inadequate knowledge about sex. Thirdly, a person of unsound mind or anyone incapacitated cannot give consent to sexual activity. Fourthly, coercion to participate in sexual activity is not a valid form of sexual consent even after an individual agrees to engage in sex as a result of intimidation. Finally, a mutual agreement to have sex is not a consent to participate in recurring sexual penetration in the future (Davidson 203).

Circumstances in Which a Person Cannot Provide Sexual Consent

There is a presumption in the US laws that any person who has attained the legal age of consent has a right to engage in sexual relationships (Lyden 3). However, American law allows the courts to impose limitations on rights and privileges to sexual relations. Professional, judgment, in this case, is the basis upon which the courts determines a person's capacity to make sexual consent in exceptional circumstances.

First, people with cognitive impairments cannot provide sexual consent. This condition covers people with intellectual disability. It also includes people with disorders such as developmental disability, traumatic brain injury, and dementia (Kennedy & Niederbuhl 504). In recent years, legal scholars have focused on studying the reliability of the approaches for assessing a person's capacity to make sexual consent (Kennedy & Niederbuhl 505).

The second circumstance is when a partner is in severe medical conditions that may impair his or her perception, judgment, and thinking. It also includes any individual diagnosed with psychiatric and neurological conditions. While these disorders negatively impact people's rationality, it does not mean that it renders them incapable of sexual consent. Thus, it is upon the psychiatrists and medical practitioners to assess their ability to make knowledgeable decisions.

The third groups are people with severe physical disabilities or any other form of helplessness. The reason is that such people require assistance from other parties to have proper sexual activity. Even if such people may have sexual consent capacity, their partners should inform legal guardians, considering their medical conditions (Lyden 18). People with severe disabilities require a delicate balance between their rights and protection from any harm or exploitation. Hence, caretakers should be available to provide physical assistance to people with disabilities besides protecting them from any form of unacceptable behaviors and exploitation. In situations where the legal guardian believes a person with a disability should not have sexual penetration, he or she should resolve the conflict through judicial proceedings (Lyden 10).

However, complications arise when people with disabilities have severe medical conditions, such as quadriplegia (Lyden 18). This aspect means this group of people require legal guardians to assist them during sex (Lyden 18). Besides obtaining consent from a people with disability, a partner should seek permission from a legal guardian to facilitate sexual activity. Thus, legal guardians play essential roles since people with severe disabilities cannot undress independently. Also, such people need caretakers to support them position their bodies properly to make sexual penetration possible (Lyden 18).

The fourth circumstance is when a person is below the legal age. However, the sexual consent capacity assessment under the American law distinguishes unmarried people who can have sex from those who are not legally permitted. A person above the legal age has a right to engage in sexual penetration with another adult provided that both of them have sexual consent capacity. In US states such as New York, for instance, a person of 17 years is considered knowledgeable in sexual matters and thus can make sexual consent (Lyden 10). This situation implies that unmarried individuals of at least seventeen years in New York have a right to have sex. Conversely, any unmarried person below 17 years cannot provide sexual consent since he or she is below the statutory age.

Another situation in which a person cannot provide consent is when he or she is in a vulnerable position. Terminally ill and older people who are dependent on others for care cannot give proper sexual consent because of their conditions. This category also includes people in an unconscious state where they cannot make an informed judgment. Examples of these circumstances are when a person is sedated or when suffering from physical trauma.

Misconceptions About Sexual Consent

Sexual engagement between married couples and unmarried people that have attained the statutory age of consent require complete respect for their comfort levels and physical boundaries. In this regard, respect among the sexual partners is in inform of consent, which refers to a mutual agreement to have sex. Consent is necessary since it enables the sexual partners not only to communicate but also to obey the boundaries of comfort and safety. However, the topic of sexual consent is prevalent in the United States. It is in the public domain, especially in the wake of sexual harassment and assault against businesspeople, political candidates, and Hollywood icons (Healing Abuse Working for Change para. 1).

A proper understanding of myths about consent is necessary to enable sexual partners to enhance their intimate relationships. Still, many people in the present-day world fail to understand facts, misconceptions, and intricacies underlying the concept. This situation has contributed to negative sexual interactions, especially among the young generations. There are many misconceptions about sexual consent and its influence in an intimate relationship.

The first misconception is that consent is all about saying "no," when a person is uncomfortable or not ready to engage in any sexual relationship. This scenario suggests that people associate consent with the phrase "no means no." The misconception is that one must refuse to give sexual consent if he or she is uncomfortable with a sexual activity. However, this situation is right since people should respect "no" when advancing their sexual advances. This discourse, however, creates an image that "consent" is always negative. A misconception, in this case, is that a person gives consent to sexual activity when he or she neither says "yes" nor "no." The reality is that silence could be because of anxiety, power dynamics, peer pressure, intoxication, or a person is uncomfortable (Healing Abuse Working for Change para. 1).

The second myth is that a partner requires consent only once. While consent relates to physical or sexual activity with a partner, it also involves a discussion of comforts, boundaries, and curiosities before engaging in sexual penetration. This way, it makes a person more prepared while remaining confident that both parties will enjoy sex. It is, therefore, a misconception that one requires sexual consent once. The fact is that a partner can revoke his or her consent at any time and thus the need to agree to have sex each time sexual act escalates.

The third misconception is that askin...