What is Consent?


 

Everything You Need to Know About Consent That You Never Learned in Sex Ed

What it looks like, what it sounds like, how to give it, and how to get it

 

Dr. Zhana is an NYC-based sex researcher, writer, and educator who teaches Human Sexuality at NYU. She has a PhD in Developmental Psychology from Cornell University, where she studied how different aspects of sexuality are linked to health and well-being.

Over the past couple of years, we have started emphasizing the importance of sexual consent more than ever before in U.S. history. But what often gets left out of these discussions is how exactly you go about the business of obtaining and providing consent in real-life sexual situations. And especially, how to do it without the much-feared “ruining of the mood.”

There’s more than one way to approach consensual sex. The debate is still raging over where exactly the line of consensual sex versus sexual assault should be drawn: Some insist that the old “only no means no” approach is adequate, which is the idea that unless you explicitly say “no,” you are implicitly consenting to whatever is being done to your body. Others argue that we need a new standard of “only yes means yes,” which is the idea that unless you explicitly say “yes,” you are not giving consent. But regardless of where you think the legal lines should be drawn, we can all agree that we want both ourselves and our partners to be enthusiastic about any sexual encounter. That is to say that every sexual encounter is ideally met with enthusiastic consent, rather than a situation where someone feels obligated or pressured to say yes, despite not being totally excited about participating.

There is no single approach for negotiating enthusiastic consent that will work for every person in every situation, but here are some things you can do to ensure that both you and your partner will be happy and comfortable with the physical activity you engage in.

Obtaining Enthusiastic Consent

The person initiating the sexual encounter, or initiating the escalation of sexual intimacy in the sexual encounter has a lot of responsibility in making sure the other person feels safe, comfortable, and is truly enjoying themselves. Here’s what you need to know about obtaining enthusiastic consent.

Avoid partners who are vulnerable

When people are intoxicated, sexually inexperienced, in a new situation, or acting recklessly or immature, their physical and/or mental capacity to make informed sexual decisions is impaired or limited. The more vulnerable they are — and the more vulnerable than you they are — the greater the risk they will feel coerced or regretful the next day. If they are particularly vulnerable (like heavily intoxicated, asleep, unconscious, or not of legal age), they are not legally capable of providing consent, and sex with them is by default sexual assault, no matter how eager they seem.

Establish reciprocal interest before you start thinking about physical touch.

Part of this is the good old art of flirting and building erotic tension: Are they making eye contact, smiling at you, leaning in, chatting excitedly… Don’t just come up to someone out of nowhere and ask them if you can kiss them, or worse, touch them. The other part of this has to do with trying to ensure your partner’s intentions and expectations of the sexual encounter are in line with yours. If you just want a casual hookup, but they are hoping for a relationship, try to find out if they’d be OK with it.

Negotiate consent verbally.

Explicitly asking for permission is the most obvious way to escalate to physical touch, and the one most commonly discussed when enthusiastic consent is brought up: “May I kiss/touch/take your shirt off…” “Is it OK if I ____?” For safest results, it’s good to ask permission for any escalation in intimacy, so a permission to kiss someone is not an automatic permission to touch them below the belt. This is an effective method that is preferred by some people, but it is also the one many people feel is a potential mood-killer.

Luckily, there are other ways to verbally obtain consent. Instead of asking for permission, you can offer your partner something you’d like to do for them. “I would love to kiss you/give you a massage/take your shirt off… Would you like that?” Or, alternatively, you could invite them to do something to/for you: “I’d love a massage. Would you like to give me a back rub?”

Another way to do this is to tell your partner what you plan on doing for/with/to them before you actually do it, an approach known as safe-porting. That gives them a chance to process that info and decide whether they are on board with your ideas. For example, if you’re making out with your clothes on, you can say “I’m gonna slide my hand underneath your shirt…,” then wait for their reaction — verbal or nonverbal — before you decide whether you should actually do it or not.

Establish “blanket consent” ahead of time.

One strategy for people who are more experienced is what sex educator Kenneth Play calls “blanket consent:” Explicitly agreeing on a “only no means no” policy. At some point — either before you start anything physical or after you’ve already obtained consent for a few individual acts — tell your partner something like, “I’d like the freedom to hook up without continually asking permission for each individual act. But consent is really important to me, so I’d like you to tell me if something doesn’t feel good, if you want me to slow down or stop. Does this work for you? Do you feel comfortable saying ‘no’ when you want to say ‘no’? Or would you rather me check in with you more regularly? Totally cool either way.”

This is for people who are more sexually experienced, because it assumes that both partners know exactly what they (don’t) want and are assertive enough to communicate that. While this is an ideal we should all strive to, in reality, many people are not ready for an agreement like this. I would caution against taking a blanket consent approach with partners who are in any way vulnerable (see point #1). Remember that at any point, no matter what you agreed to, you or your partner can say no or change your mind about what you already established.

Negotiate consent nonverbally.

Some people argue that consent must always be verbal, that trying to decipher body language is just too uncertain, too much room for error. Indeed, trying to negotiate consent without any words is riskier: Unlike spoken language, not everybody is good at reading body language, and not everyone is good at “speaking” body language.

That said, there are some partners and some situations where you can successfully negotiate consent nonverbally, but it requires a lot more experience, carefulness, and perceptiveness.

The basic rule is build it up slowly, and get continued, reciprocated, and enthusiastic responses before you escalate to each subsequent intimate act. Like, don’t just grab someone’s butt or thigh right away; start with touch that is noninvasive, like briefly touching their hand, patting their back or arm, lightly grazing their knee with yours (and all of these should come only after you’ve already established basic mutual interest, see point #2). Then, and this is absolutely critical, read their body language (or verbal response) very carefully. Are they responding with a smile, leaning in closer, letting out a little sigh, reciprocating with a similar touch, saying “your hand feels so soft”? If so, that usually means “yes, continue.”

Are they pulling away, freezing in fear, do they seem uncomfortable, or do they not respond in any sort of way? Those are all the nonverbal equivalent of a “no” and you should stop touching them. If their body language is ambiguous, or if you’re not quite sure what it is saying, don’t assume it’s saying what you want it to be saying! Defer to one of the verbal consent options instead. And in general, for best and safest results, combine nonverbal consent with verbal consent options.

Encourage your partner to say “no” (as well as “yes”) at any point.

Regardless of the primary method of obtaining consent you choose to take, you can always add this to the mix. Some time early in the physical encounter, pause for a moment and say something like what author Michael Ellsberg says: “I want you badly, but I’m also committed to you feeling totally safe and comfortable with me. So if anything I do with you makes you feel even slightly uncomfortable, I want you to say ‘Stop’ or ‘Slow down’ immediately and I’ll stop or slow down.”

Err on the side of caution.

If you’re not sure whether your partner is providing enthusiastic consent, err on the side of caution — especially if you’re hooking up with a new partner, or someone more vulnerable than you. General rules of thumb: Only take enthusiastic “yes” (either verbal or nonverbal) as “yes.” Take “no,” “maybe,” and doing nothing all as no; even take a hesitant “yes” as no. If they seem hesitant, give them time and space to make a decision without pressure. Say something like, “You seem hesitant right now, why don’t you think it over and maybe we’ll do that next/some other time.” There will be other opportunities.

Providing Enthusiastic Consent

Most of the conversations around consent revolve around obtaining consent, placing all the responsibility in the hands of the person initiating the action. But in every sexual encounter, each of us has just as much responsibility to provide continuous enthusiastic consent as we have to obtain it. It is important to let your partner know you are really into it — and you have to be completely honest about it. You must own your “yes” as well as your “no.”

Share your intentions and limitations.

What are you looking for in this scenario? If you wouldn’t be hooking up unless this had potential to be more than a hookup, let your partner know. If you wouldn’t be doing this if they had another partner, ask them whether they’re single. Don’t assume that just because you want or don’t want something that the other person is on the same page.

Let your partner know what kind of consent works for you.

And do this before or as soon as things start turning sexual. Are you the kind of person who likes to take things slow, be asked verbally before any escalation of physical closeness, and checked in with often? Tell them that. If you’re new to sex, or with a new partner, this might be the way to go. Or do you prefer the more traditional “only no means no” approach? Say “Feel free to explore my body without asking. I’ll let you know if something is uncomfortable.” But keep in mind, giving people this type of blanket consent carries the responsibility of actually saying “no” when you want them to stop.

Provide continuous positive feedback.

Provide continued “yes” feedback. You can do this verbally, by saying things like “yes,” “that feels good,” “I like that,” and by telling your partner how and where to touch you. Or you can do it nonverbally, by touching your partner, returning their kisses, taking their clothes off, and showing them how and where to touch you.

Learn how to convey “no” effectively and get comfortable doing it.

Saying “no” is not easy; it can be awkward, uncomfortable, anxiety-provoking. But you are your own first line of defense: Research shows there are far more people out there willing to disregard a lack of enthusiastic “yes” than there are people willing to push through a strong “no.” You can say “no” gently (but firmly), either nonverbally (by moving away, moving their hand away) or verbally (e.g., “I’m not interested, thanks for asking,” “I don’t like ______,”). If people aren’t getting more subtle signs, you can move on to saying “no” more forcefully. Doing nothing is NOT a very clear “no.”

Err on the side of caution.

If you’re not sure what you want, err on the side of caution and say “no.” Especially with new partners you don’t know well or when you’re feeling vulnerable. You can always change your mind to a “yes” later.

Keep in mind, there is no one type or form of consent that works for everyone in every situation. Which approach you take will depend on who you are, who your partners are, and what the situation is. Also keep in mind that no one was born knowing how to negotiate these situations. We’re all always learning and improving, and making mistakes. When you screw up, make amends (as much as possible), then learn from your mistakes and don’t repeat them. And remember, like with many things in life, practice makes perfect.

If you or someone you know has been sexually assaulted, you can seek help by calling the National Sexual Assault Hotline at 800-656-HOPE (4673).For more resources on sexual assault, visit RAINN, End Rape on Campus, Know Your IX, and the National Sexual Violence Resource Center.

rape, sexual assault, c

Just What is Marital Rape


What is Intimate Partner Rape?

In the past, sexual assault was thought to be assault by a stranger upon an unsuspecting victim. As we’ve learned more about sexual assault and rape, it’s become clear that much sexual assault occurs between two people who do, in fact, know one another.

Intimate Partner Rape (also called Intimate Partner Sexual Violence (IPSV) or Marital Rape) is a rape or sexual assault that occurs between two people who currently have – or have had – a consensual sexual relationship. Intimate Partner Rape may occur in relationships that have an existing pattern of domestic violence.

Intimate Partner Rape can occur in ANY type of partnership – dating relationships, marriages, and gay or lesbian relationships.

Most states now recognize that rape within a marriage or long-term intimate relationship is illegal and can be prosecuted.

Rape Versus Sexual Assault:

While state laws may vary, the generally accepted definitions of rape and sexual assault are as follows:

Rape – Forcible penetration of the vagina or anus with finger, penis, or object. Rape is also forced oral contact upon genitals.

Sexual Assault – Any unwanted sexual touching, such as forced kissing, handling of breasts or vagina, forcing one partner to fondle the other’s genitals, or forcing one to watch pornography.

Rape and sexual assault may be used interchangeably.

Forms of Intimate Partner Rape and Sexual Assault:

It is important to realize that one does not have to have physically fought off or said “no” for an act to be regarded as sexual assault. Tears or other expressions of discomfort are reasonable indicators that sexual activity is not desired.

Sexually violent partners often do not seek consent, or if one does say no, it does not stop the sexual activity. Emotional abuse and manipulation are often used in conjunction with sexual assault and rape.

Submission is never the same as consent. The following methods may be used to manipulate or abuse a partner:

Threats toward the partner, their property, or someone else

Using guilt to engage in sexual relations

Sexual activity after continuous pressure to engage in sex before you’re ready

Pressure to perform acts which make a person uncomfortable

Physical violence

Continued sexual activity after it’s indicated that sexual activity is no longer welcome (even if consent was given initially)

Overpowering with physical force

Deprivation of liberty until demands of a sexual activity are met

Sexual intercourse while asleep or incapacitated

Denying reproductive choice to partner

Filming or photographing sexual acts without consent

Using sexually degrading names

Making degrading comments about sexual performance (“you’re shitty in bed”) or body (“you’re a fatass“) alone or in front of others

Controlling choice of clothes

Implying that a past rape was not rape or that “you liked it”
What are Some Common Reactions to Intimate Partner Rape?

Any rape or sexual assault may lead to a variety of reactions – some immediate, others longer-term. These reactions depend upon many things, including past experiences, type of force used, relationship of offender to the victim, and age of the victim. Here are some common ways that victims handle intimate partner rape:

Rationalization – “It was just that once.” “It’s my fault.” “I led him on.”

Minimizing – “Hey, at least he didn’t beat me.” “It’s not so bad.”

Dissociation – “I don’t have any feelings about this.” “I can’t think about it.” “I won’t think about it.”

Denial – “That didn’t happen.” “Rape happens with strangers, not partners.” “He would never hurt me.”

Focus upon the good – “Think of all the GOOD things we have.” “She/he really IS a good person,” which means the victim is the bad one.

Self-soothing behaviors – watching television, showers, smoking, self-medicating with drugs or alcohol.

Submitting to additional sexual assaults to avoid a repeat of the rape.

Strong sense of betrayal and shock that someone they loved could sexually assault them.

Humiliation and a feeling of being “dirty.”

Anger and Guilt – if they’d been better partners, the rape wouldn’t have occurred.

Inability to trust another intimate partner or feel comfortable being intimate again.

Post-traumatic stress disorder
Because victims of intimate partner rape usually have homes and children with the attacker, they are often unlikely to report rape and other forms of abuse. This means a victim of Intimate Partner Rape has likely been raped repeatedly.

Those who have experienced Intimate Partner Rape may experience more shame and self-loathing for being in – or remaining in – an abusive relationship.

As the rapist is someone the victim had chosen to be intimate with, the victim may begin to question who he or she may trust.

Types of Partner Rape:

There’s been a common belief that rape is about sex. It’s not. Rape, especially partner rape, is about power, violence, and control.

Anger Rape – this type of rape is particularly violent and performed in retaliation, as punishment if a man believes his partner deserves it. This especially occurs in response to her leaving, flirting with someone else, or showing him up.

Sadistic Rape – Anger rape is performed to punish a woman, but sadistic rape is performed when the attacker enjoys causing pain or humiliating his partner. This may involve cutting, biting, burning, or urinating on his victim to humiliate her.

Power Rape – this type of rape is a clear demonstration of “who the boss” is. Abusive partners often want sex after beating their partners, and this type of rape forces a woman to forget the fight and make up. This rape may not be violent, but it may instead involve force. This type of rape occurs when a woman is bullied into sex or intimidated into giving in to keep the peace.

Obsessive Rape – any type of rape by a partner who insists upon performing repeated bizarre or fetish-like sex. This may involve repeated oral or anal rape.
Why do People Stay After They’ve Been Raped by Their Partner?

There are many reasons that people stay with an abusive partner. What you decide to do is ultimately up to you, and you don’t owe it to anybody to explain your motivations. If you stay, you should have the same amount of love and support as ANY other sexual assault victim.

Sexual Violence, Stalking, and Intimate Partner Violence Widespread in the US

New survey finds these types of violence affect the health of millions of adults

On average, 24 people per minute are victims of rape, physical violence, or stalking by an intimate partner in the United States, according to findings released today by the Centers for Disease Control and Prevention. Over the course of a year, that equals more than 12 million women and men. Those numbers only tell part of the story – more than 1 million women reported being raped in a year and over 6 million women and men were victims of stalking in a year, the report says.

“This landmark report paints a clear picture of the devastating impact these violent acts have on the lives of millions of Americans,” said Secretary of Health and Human Services Secretary Kathleen Sebelius. “The information collected in this ongoing survey will serve as a vital tool in the Administration′s efforts to combat domestic violence and sexual abuse. And the report underscores the importance of our Administration′s workExternal Web Site Icon to combat domestic violence and sexual assault.”

The National Intimate Partner and Sexual Violence Survey, or NISVS, is one of CDC′s latest public health surveillance systems and is designed to better describe and monitor the magnitude of sexual violence, stalking and intimate partner violence victimization in the United States. It is the first survey of its kind to provide simultaneous national and state-level prevalence estimates of violence for all states. Launched in 2010, NISVS also provides data on several types of violence that have not previously been measured in a national population-based survey.

Key findings in the NISVS 2010 Summary Report include:

For women:

  • High rates of sexual violence, stalking, and intimate partner violence were reported by women.
    • Nearly 1 in 5 women has been raped at some time in her life.
    • One in 4 women has been a victim of severe physical violence by an intimate partner in her lifetime.
    • One in 6 women has experienced stalking victimization during her lifetime in which she felt very fearful or believed that she or someone close to her would be harmed or killed. Much of stalking victimization was facilitated by technology, such as unwanted phone calls and text messages.
  • Almost 70 percent of female victims experienced some form of intimate partner violence for the first time before the age of 25.
  • Approximately 80 percent of female victims of rape were first raped before age 25.
  • Female victims of violence (sexual violence, stalking, intimate partner violence) were significantly more likely to report physical and mental health problems than female non–victims.
  • Across all forms of violence (sexual violence, stalking, intimate partner violence), the vast majority of victims knew their perpetrator (often an intimate partner or acquaintance and seldom a stranger).

For men:

  • About 1 in 7 men has experienced severe physical violence by an intimate partner at some point in their lifetime.
  • One in 19 men has experienced stalking victimization at some point during their lifetime in which they felt very fearful or believed that they or someone close to them would be harmed or killed.
  • Almost 53 percent of male victims experienced some form of intimate partner violence for the first time before age of 25
  • More than one-quarter of male rape victims were first raped when they were 10 years old or younger.
  • Male victims of violence (sexual violence, stalking, intimate partner violence) were significantly more likely to report physical and mental health problems than male non-victims.

“This report highlights the heavy toll that sexual violence, stalking, and intimate partner violence places on adults in this country. These forms of violence take the largest toll on women, who are more likely to report immediate impacts and long-term health problems caused by their victimization,” said Linda C. Degutis, Dr.P.H., M.S.N., director of CDC′s National Center for Injury Prevention and Control. “Much victimization begins early in life, but the consequences can last a lifetime.”

The report findings also underscore violence as a major public health burden and demonstrate how violence can have impacts that last a lifetime. For instance, the findings indicate female victims of violence had a significantly higher prevalence of long-term health problems, including irritable bowel syndrome, diabetes, frequent headaches, chronic pain, and difficulty sleeping.

Every woman has the possibility of being beaten or raped by a partner.

Every woman has the possibility of being beaten or raped by a partner.

Marital rape

Marital rape

And nearly twice as many women who were victims of violence reported having asthma, compared to women who did not report violence victimization.

“The health problems caused by violence remind us of the importance of prevention,” said Howard Spivak, M.D., director of the Division of Violence Prevention in CDC′s Injury Center. “In addition to intervening and providing services, prevention efforts need to start earlier in life, with the ultimate goal of preventing all of these types of violence before they start.”

NISVS provides data that can help inform policies and programs aimed at preventing violence as well as addressing the specific information needs of state and national governmental and nongovernmental organizations, while providing an initial benchmark for tracking the effectiveness of prevention efforts.

For more information about NISVS, including the executive summary and study details, please visit http://www.cdc.gov/violenceprevention/nisvs.

CDC′s Injury Center works to prevent injuries and violence and their adverse health consequences.

  • For more information about sexual violence, please visit:

http://www.cdc.gov/violenceprevention/sexualviolence/

If you or someone you know is the victim of:

Additional resources: