Sexual Consent Research Articles

“Reshuffling the Masculinities Deck: How Subordinate Men From Progressive Privileged Social Backgrounds Mobilize Sexual Consent Narratives to Enhance Their Social Status”

“Reshuffling the Masculinities Deck: How Subordinate Men From Progressive Privileged Social Backgrounds Mobilize Sexual Consent Narratives to Enhance Their Social Status”

Considering the Impact of High School Sexual Education on Past Sexual Victimization and Rape Myth Acceptance in a College Sample.

Sexual victimization is a serious public health crisis affecting college students, with high rates reported among both women and men. Sexual consent education is crucial as it defines sexual assault and is linked to reduced risk of victimization. Rape myths and stereotyped beliefs shifting blame to survivors are established risk factors for sexual violence. Comprehensive sexual education can mitigate these attitudes, fostering a supportive environment for survivors. However, most high school students in the United States receive abstinence-based or abstinence-plus education, which uses unstandardized protocols and often lacks information about sexual consent. The following study explores the influence of high school sexual education on past sexual victimization and rape myth acceptance in college students. Six hundred sixty-four undergraduate students participated in an online survey through a university participant pool. Results show that those who received comprehensive sexual education were more likely to understand sexual consent and were less likely to endorse past sexual victimization. In contrast, students without comprehensive sexual education reported lower satisfaction with their sexual education and greater acceptance of rape myths. Despite limitations in the study's sample and reliance on self-reporting, this research highlights the importance of implementing comprehensive sexual education, including consent education, in high schools. Policymakers and educators must recognize the influence of comprehensive sexual education in promoting healthy relationships and combating sexual assault. As a significant public health concern, incorporating standardized sexual consent education into high school curricula can equip students with the knowledge and skills to make informed decisions about their sexual health and relationships. Future research should explore diverse populations and the mediating role of related factors that may further influence these relationships. These efforts will contribute to fostering a safer environment within educational institutions and combating sexual assault.

Are Queer Men Queering Consent? A Scoping Review of Sexual Consent Literature Among Gay, Bisexual, Trans, and Queer Men

Objectives To review the literature on Gay, Bisexual, Trans, and Queer (GBTQ) men and sexual consent. Methods Eight electronic databases were searched in June 2022, yielding 1924 articles; 30 were included for review after screening. Results We found a growing body of literature focused on GBTQ men, with an increasingly intersectional lens. Most studies adopted a nuanced definition of sexual consent. Many discussed the unique sexual scripts developed by GBTQ men to communicate consent, especially in sex venues, and how unfamiliarity with these scripts creates vulnerability for newly “out” men. A common theme was the impact of heteromasculine norms on sexual encounters between GBTQ men. Conclusions The reviewed literature problematizes binary definitions of consent and miscommunication theories of assault. It both celebrates and problematizes GBTQ sexual cultures. We encourage future research to adopt more explicitly anti-carceral approaches to studying sexual consent and violence.

‘It can be an abuse, even though both have consented’: Swedish preschool practitioners' discussions about teaching (sexual) consent to preschoolers

AbstractThis article describes how (sexual) consent is constructed as an objective for teaching in Swedish preschool. An age‐critical analysis of focus‐group discussions with preschool practitioners shows how a didactic of consent is constructed and characterised: (1) The child should be trained to feel non‐ambivalence. (2) Prohibitions are created against acts not considered age‐appropriate. (3) Age‐appropriate prior knowledge is required for a child's consent to be considered valid. Finally, alternative didactics of consent is discussed, in which ambivalence and unpredictability are highlighted as important elements.

Adultery Law and State Power in Early Empires: China and Rome Compared

Abstract As ancient China and Rome transformed into empires, both states showed an increasing interest in regulating family ethics and individuals’ sexuality. Using excavated documents and transmitted texts, this article compares legal statutes and practices against illicit consensual sex in early imperial China (221 BCE–220 CE) with those in the Roman empire. On the one hand, both legal systems aimed at consolidating social hierarchies based on gender, status, and generation. On the other, the Roman and Chinese statutes had different emphases due to their respective political, social, and cultural contexts, and the actual penalties for adultery and incest differed significantly from those prescribed in the statutes. In both empires, control over individuals’ sexuality facilitated state power’s penetration into the family during empire-building, giving rise to laws in areas that had been largely left to customs and individual will.

준강간에서 피해자가 음주 후 수면 중 심신상실 또는 항거불능의 탐색

This study explores the criteria for determining whether a victim of a sexual crime was in a state of mental loss or unable to resist due to intoxication and sleep at the time of the alleged rape by the defendant. To this end, this paper reviewed literature and court cases regarding Quasi-Rape. Academically, blackout and passing out are significantly mentioned in relation to alcohol consumption, whereas in court cases, the focus is often on whether the victim's mental state during sleep after drinking, which is not unconsciousness but a weakened or incomplete state of consciousness, constitutes an inability to resist. However, recent Supreme Court rulings highlight that in cases where time has passed and the victim later claims to have been in a state of inability to resist, the judge must make a highly logical judgment based on a comprehensive review of various evidences, including not only the victim's statement but also the defendant's. In conclusion, first, there exists a factual difference in perspective on attempted rape cases depending on the judge's gender, and even though the judge's decision is logical, it can still be subjective, indicating a need for the development of objective measures for mental loss or inability to resist. Second, it is appropriate for the prosecution or court to request expert analysis of statements, considering both the victim's and the defendant's statements. Third, more specific legal standards are needed for the ‘significantly difficult situation’ in the case of inability to resist. Fourth, since most attempted rape cases involve the victim alleging rape and the defendant alleging consensual sex, it appears necessary to typify the patterns of rape and consensual sex from a gender-equality perspective and provide judges with additional criteria for judgment.

Beyond Consent: Exploring Bi+ People’s Experiences of Negotiating Sex Through a Queer Phenomenological Framework

ABSTRACT This article explores sexual negotiation beyond dominant consent frameworks that have centered on heterosexuality, responding to and preventing sexual violence, and the pursuit of autonomous, free choice. Building on the work of feminist theorists, I challenge the prevailing emphasis on individual responsibility and autonomy in understanding sexual violence and consent and urge a deeper consideration of how bodies and choices are shaped by social, cultural, and historical contexts. Drawing on 32 in-depth interviews, I examine how bi+ individuals in Australia negotiate sexual encounters with partners of diverse genders. Using a queer phenomenological framework of comfort and discomfort, I focus on experiences where participants felt they have been able to negotiate sex well. This framework acknowledges the complex interplay between sexual negotiation, gendered norms and sexual scripts, and subjectivity. I argue that hetero and queer norms and scripts both constrain and give possibility to sexual negotiation, and I propose that queer bodies and queer sex can disrupt normative constraints in ways that positively impact sexual negotiation. I conclude by advocating for a deeper understanding of the nuanced ways our choices are shaped during sexual encounters and suggest that we must look beyond heterosexuality and violence prevention going forward.

On the Up-regulation of the Age of Sexual Consent in Chinese Criminal Law

On the Up-regulation of the Age of Sexual Consent in Chinese Criminal Law

Rape Survivors, the Law, and Social Media in Morocco

This article analyzes the mistreatment of rape victims in Morocco and the risks women face in reporting rape. The stigmatization and categorization of rape victims by Islamic religion and law pose significant challenges, as they prohibit consensual sex outside of marriage. Additionally, the Moroccan Penal Code considers the loss of virginity an aggravating circumstance in rape cases, which could lead to a biased ideology in rape trials.

"I Didn't Realize How Common it Was:" A Mixed-Methods Study Examining Changes in Perceptions of Sexual Assault, Sex and Consent, and Sexual Behavior as a Function of the #Metoo Movement.

This mixed-methods study examined awareness and perceived legitimacy of the #MeToo movement and how #MeToo changed perceptions of sexual assault and consent, as well as sexual interactions, in the United States. Adults residing in the U.S. were recruited through CloudResearch to complete an online survey in 2021. Quantitative data from 680 participants (M age = 45.8, 60% women, 77.4% White) indicated moderate awareness and perceived legitimacy of the #MeToo movement; Black, LGBQ+, and more politically liberal respondents had greater #MeToo awareness while younger, more liberal respondents, and those with greater rejection of rape myths rated #MeToo more legitimate. Among 354 participants (M age = 45.0, 65.3% women, 76.4% White) who answered at least one open-ended question with regard to changes resulting from the #MeToo movement, thematic analysis revealed nine primary themes: (1) Describing change; (2) Change in understanding; (3) More cautious; (4) Wrong or requires reporting/punishment; (5) Gendered social norms; (6) Easier to talk about; (7) #MeToo rhetoric; (8) Consequences for survivors, and (9) Empowerment. Several sub-themes were identified among the primary themes and implications for sexual assault prevention and response were discussed. The study findings are contextualized by social constructionism, with a particular focus on gender-based power dynamics, contributing to a growing literature documenting the cultural impact of the #MeToo movement.

Law's drawing line: Legal discourse of consent in child sexual abuse cases in Japan

AbstractThis article examines Japan's age of consent law by delving into court judgements, focusing on unravelling the nuances of how the sexual autonomy of children is interpreted. The study reveals a contradictory stance of the court towards child victim's maturity and capacity, indicating that the legal discourse around a child's autonomy is easily manipulated and framed. It further exposes the susceptibility of children's sexual autonomy to the structural moral values associated with patriarchal gender relations and age. By shaping the contours of consent, law draws a line—delineating punishable acts from consensual sexual activity. While the legal reforms aimed at stricter regulations surrounding child sexual abuse, including raising the age of consent, are narrowing the space for recognizing adolescents' sexual autonomy, this article contends that reforming age consent laws must strike a delicate balance between preventing potential harms and avoiding undue interference with adolescents' sexual autonomy.

Reclaiming Pleasure: Does Satisfying Consensual Sexual Activity Predict Next-Day Positive Affect Among Women with a History of Sexual Assault?

ABSTRACT Substantial research documents the psychosocial benefits of sexual activity, including heightened positive affect and lowered negative affect following sexual encounters. However, it is important to examine whether affective benefits of consensual sexual activity are present among individuals who have also experienced non-consensual sexual activity (i.e. sexual assault), given that sexual assault may have harmful consequences for sexual functioning and pleasure during consensual encounters. This study tested consensual sexual activity and satisfaction as predictors of next-day positive and negative affect among 82 women sexual assault survivors. Participants completed ecological momentary assessment measures for three weeks, including measures of past-day dyadic (i.e. partnered) sexual activity and satisfaction in the morning and current affect in the afternoon. As hypothesized, dyadic sexual activity and greater than usual sexual satisfaction predicted increased next-day positive affect after controlling for past-day positive affect. In contrast, and partially supporting hypotheses, sexual satisfaction, but not activity alone, predicted lowered next-day negative affect after controlling for past-day negative affect. At the between person level, greater sexual satisfaction (but not overall frequency of dyadic sexual activity) was associated with greater positive and lower negative affect on average after controlling for several covariates. Findings indicate that satisfying dyadic sexual encounters lead to relatively long-lasting positive affect changes in women who have experienced sexual assault.

Legal Complexities of Adolescent Relationships: A Study of Protection of Child Sexual Offense Cases in India.

Introduction The Protection of Children from Sexual Offences (POCSO) Act in India prohibits sexual engagement among individuals under 18 years old. However, societal variables also affect many teenagers' consensual sexual activities. Little research has been conducted on the legal ramifications for consenting to sexual action under the POCSO Act. This study examined consensual sexual assault cases under the POCSO Act and their possible outcome. Methodology Five years of medicolegal records from a tertiary hospital were analyzed for sexual assault victims aged <18 years. Descriptive statistics were used to analyze victim demographics, literacy, sexual acts, reporting patterns, and accused-victim relationships. Result A total of 410 instances of sexual assault were recorded, and 29% involved victims between the ages of 16 and 18. Most victims (73.9%) in this age range were literate, and 85.7% provided consent for sexual relations. Parents or guardians reported all cases, and most of the accused were victims' friends. Discussion The POCSO Act offers legal safeguards for sexual abuse and exploitation. However, their use in adolescent sexual consent has raised concerns. The Law Commission of India's refusal to reassess the POCSO Act's age barrier for sexual consent emphasizes the need for a child-centric approach to negotiating complex teenage relationships. Conclusion Balancing legal obligations and developmental needs is essential to addressing consensual sexual acts under the POCSO Act. While sensitively implementing the law, stakeholders must focus on their children's best interests and healthy development. Child-friendly environments and support systems empower victims and reduce trauma in teenage relationships.

Caring for Valid Sexual Consent

Caring for Valid Sexual Consent

Spain: Political Developments and Data in 2023

AbstractThe year 2023 was marked by a dense and turbulent political period. The country faced local and regional elections, snap elections and the reformulation of the left‐wing coalition government. Spain also chaired the Council of the European Union during the second semester. The victory of the right (the Partido Popular and Vox) in the local and regional elections held in May in 12 regions (Autonomous Communities), precipitated the call for general elections in July 2023. This process culminated in the renewal of the Sánchez coalition government with support from the Basque and Catalan pro‐independence parties and the exclusion of Podemos leaders from the new governing coalition. The decline of Podemos, the emergence of Sumar and the disappearance of Ciudadanos characterise the new Parliament. The reform of the law on sexual consent and the start of negotiations on a controversial amnesty law dominated the political agenda. In terms of the Spanish economy, the negotiation of an addendum to the National Recovery and Resilience Plan also stands out.

An examination of sexual coercion experiences among Latinx female college students

ABSTRACT The current study examined sexual coercion among Latinx female college students in New York City. It identified frequently reported sexual coercion tactics and disclosure behaviours, delineating these experiences by race and cultural values. Latinx women (N = 158) from several public colleges were surveyed, and 49.4% (n = 78) experienced sexual coercion – with most reporting helplessness tactics (39.2%; n = 62). No differences were found among race, although this sample of Black Latinx students endorsed coercion more often than non-Black students. Most participants sought informal support, and specifically disclosed to a female friend (82.9%, n = 34). Lastly, attitudes toward familism and religiosity did not affect disclosure in this sample. These findings highlight the nuances of young Latinx women’s sexual experiences and have implications for sexual violence education for Latinx youth. It also has implications for college mental health professionals working with Latinx students with histories of sexual coercion. PRACTICE IMPACT STATEMENT Due to the nature of negative sexual experiences experienced among youth, sexual education curriculum and prevention training in educational institutions must emphasise the importance of sexual consent and identifying appropriate and inappropriate sexual advances. Curriculum must be tailored towards the demographics and respective potential cultural contexts of school district populations. College mental health professionals should be properly trained on how sexual coercion manifests in college-age relationships in addition to current training on identifying sexual harassment, sexual assault, and alcohol/drug induced rape.

Research in brief: How prevalent is rough sex? Results from a national online sample of adults in Germany.

Rough sex refers to consensual sexual activities that incorporate playful aggression, such as hair pulling, spanking, or choking. It is relevant in the context of sexual health as it can enhance sexual arousal, pleasure, and intimacy among consenting partners. However, it can also be associated with consent violations, discomfort, and injuries ranging from mild to severe or even fatal. The prevalence of rough sex in Germany is widely unknown. Our study aims to establish, for the first time, the overall age-related and gender-related prevalence rates of active and passive rough sex involvement among adults in Germany. A national online sample of 1101 adults from Germany, aged 18-69 years (50% men, 49% women, 1% gender-diverse individuals) gave informed consent and reported on their lifetime engagement in rough sex in active and passive roles. We recruited participants through a professional panel provider for a multi-themed sexual health survey. Data analysis was conducted using R, with 95% confidence intervals of prevalence rates computed to answer the research questions. Lifetime prevalence of rough sex involvement was 29%. Adults below the age of 40 reported higher rates of involvement (up to 43%) than people over 40 (up to 26%). Men reported predominantly active role involvement and women reported primarily passive role involvement. Results show that rough sex is common. Sexual health professionals, educators, and researchers should be prepared to guide current and aspiring practitioners of rough sex, helping them understand potential benefits, risks, and age- and gender-related differences.

Sexism, risk perception, and beliefs about sexual consent

ABSTRACT People’s beliefs about sexual consent can have far-reaching consequences, from forming opinions about a sexual assault case while serving as a juror to attending to a partner’s verbal and nonverbal consent cues during a sexual encounter. In this study, we examined the extent to which sexism, attitudes towards sexual consent, and sexual consent norms predict perceptions of risk related to sexual consent communication, or more specifically, the absence of sexual consent communication. Undergraduate students (N = 217) participated in an online survey study. Results revealed that participants’ attitudes towards sexual consent mediated the relationship between sexism and perceived risk. That is, people with sexist beliefs were less likely to evaluate sexual consent behaviours in a positive way, and in turn, these negative evaluations of sexual consent were associated with lower risk perceptions.

What do States Recommend We Teach Adolescents about Sexual Consent? A Content Analysis of K-12 Health Education Standards in the US

ABSTRACT Although universities in the US commonly implement sexual consent education programs for students that focus on understanding how to communicate sexual consent, it remains unclear to what extent sexual consent education is taking place in grades K-12. The goal of this study was to assess K-12 health education standards recommendations for sexual consent education. We conducted a content analysis of health education standards from 43 states in the US to evaluate the guidelines provided to health educators across different grade levels. Using inductive and deductive coding, we identified six themes related to sexual consent. These themes were: 1) defining sexual consent, 2) explaining the legal standard of sexual consent, 3) defining personal space, 4) promoting healthy decision-making, 5) emphasizing good communication skills, and 6) defining healthy relationships. Fewer states directly focused on sexual consent education; instead, they provided information that could indirectly relate to consent, such as discussions on relationships and personal space. Across grade levels, topics related to sexual consent became more prevalent as adolescents progressed through school. While many states’ health standards do not explicitly discuss sexual consent, they may implicitly address consent through other topics. Educators and policymakers should advocate for more explicit and detailed education on sexual consent in the K-12 school system. This could help increase the number of students educated on sexual consent before entering higher education, potentially reducing rates of sexual violence, and promoting healthier sexual behaviors and attitudes.

Romeo & Juliet Laws: Investigating UK Public Perceptions of Young Consensual Sex and the Effects of Age Gaps and Perpetrator and Respondent Gender

ABSTRACT Public perception of regulated sexual behavior is a crucial factor in considering policy, particularly when UK sexual consent laws could criminalize the many young people who are increasingly engaging in underage sex. In contrast, other countries have progressively implemented consent age-spans to respect sexual autonomy while simultaneously protecting young people from sexual exploitation. This study investigated UK perceptions of consensual underage sex between similar-aged adolescents, with predominant focus on age-spans, as an adaptive alternative to dropping consent age. An online experimental survey of members of the UK public (n = 336) manipulated age-gaps, perpetrator gender, and respondent gender. Supporting the hypothesis, results showed more support (i.e., reduced condemnation of the situation, perpetrator, and victim) was given for sex with age gaps of up to 2 years than those larger. Gender differences were present only for age gaps of 3 and 4 years, where harsher situation and perpetrator judgments were elicited when the perpetrator was male. To our knowledge, this is the first UK-based study investigating perceptions of similar-aged consensual underage sex, and therefore forms a baseline for future research. Results are discussed in terms of acceptability of behavior and present important evidence for policymakers to consider reviewing UK consent laws in line with international legislation.