2023-04-27 13:28:32
27 avril 2023
With the #metoo revolution and reports of rape and sexual assault in various social and professional circles, the concept of consent has been widely publicized. In order to use it wisely and fully understand it, it is essential to have a precise definition.
Consent generally corresponds to “a mechanism by which another person is authorized to intervene in relation to his integrity, his private life, his family ties, his image rights or his confidentiality”, defines the non-governmental organization (NGO) Amnesty International. Make sure to obtain the consent of a person “is essential before (proceeding) to important acts, such as a sexual relationship, a surgical procedure, the taking of photographs…”.
Precisely in the sexual field, consent therefore consists in “to give consent to his or her partner to participate in sexual activity”specifies the Center of Victimology for Minors.
How to ensure the consent of others?
Let us first recall that the adage “who does not deny consents” absolutely must not be applied to the field of sexuality. Certainly a person can, to make it clear whether (she) agrees or not, (…) say (‘no, I don’t want to’, ‘no, I don’t want to’). But, sometimes, we are not able to say it, like when we are too afraid, when we are paralyzed because we do not understand what is happening; like when we drank too much or took drugs, explains the NGO. “Not speaking up or not saying no does NOT mean giving consent. »
It is therefore “the other person to listen and pay attention to how his or her partner is feeling. It is his responsibility not to impose his sexual desire on the other.. Consent must be given in a “free and informed” manner. As a result, “the person concerned must have received all the necessary information, have understood it, have had the opportunity to take the time to think about it and not have been influenced by an outside person”, ajoute Amnesty international.
Another clarification, the consent must also be “specific and reversible”. Which therefore means that having kissed or already had sexual relations, even recently with a person, does not give this person any blank check for the rest of the events. Especially since “everyone can choose for himself and can change his mind”. This is also valid within a couple, including a long-term one, living together or not, married or not. The marital duty does not exist in law.
If these elements are not met and the other person forces sexual relations or acts “That’s called aggression.” Even a rape.
What is the “grey area” of consent?
This element of language corresponds to situations in which doubt remains. However, as we have just seen, this “grey zone” does not exist other than to maintain the “rape culture, i.e. the way in which rape is perceived/represented in the collective imagination (in order to) excuse certain unacceptable acts of sexual violence, protect the aggressors and make the victims feel guilty”, explique Amnesty international.
As a reminder : “Any act of sexual penetration, of whatever nature, or any bucco-genital act committed on the person of another or on the person of the author by violence, constraint, threat or surprise is rape. Rape is punishable by fifteen years’ imprisonment. indicates the Penal Code.
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