Abstract

Sexual intercourse has become overly simplified. To some, it has become no more than a sexual act involving two or more persons. The days of being overwhelmed by the concept and expressing excessive reservation about the act and discussion of it are waning. Even young ones are beginning to see it as a rite of passage to adulthood. Only in religion and culture do we find those still interested in conserving other dimensions namely; when it is moral and when it is immoral as well as notions of responsibility. Even among them, it is becoming a matter of teaching than it is of practice. And it is not the place of the law to wade into such matters unnecessarily. However, there are issues surrounding sexual intercourse that bring it to the fore of public attention. Paramount among them is when it is had without the consent of the other party. Some see it as a right, fun, revenge or a result of brief moment of loss of control. Sometimes, the Devil is blamed too. These reasons are given in a bid to evade responsibility, guilt and the consequences. The problem however has not always been about consent as a matter of grammar but the intricacies inherent within it namely; how same is to be sought and given, what valid consent constitutes, if it can be withdrawn after it has been given, and the practical difficulties in each case. This article shall endeavour to discuss these issues and more.

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