Volume – 02, Issue – 01, Page : 01-

The Journey of ‘Sexual Consent’ within Legal Systems

Author/s

Jose Ramirez

Digital Object Identifier (DOI)

10.56106/lss.2022.010

Date of Publication

25 November 2022

Abstract :
This research explores the intricate dimensions of sexual consent within legal frameworks, offering a comprehensive exploration of historical perspectives, evolving legal models, and contemporary challenges. Grounded in the principle of voluntary and affirmative agreement, sexual consent serves as a pivotal element in defining and adjudicating cases of sexual violence. The paper traces the historical evolution of societal attitudes towards consent, revealing a complex interplay of cultural, religious, and legal influences that have shaped perceptions over centuries. A critical transition from coercion-based models to consent-based models is examined, reflecting a global consensus favoring legal frameworks grounded in the principles of consent. International entities such as the CEDAW Committee, the UN Handbook for Legislation on Violence against Women, the International Criminal Court, and the Istanbul Convention have played instrumental roles in endorsing a consent-based approach. Case studies from different continents, including Africa, Southeast Asia, Europe, and the Catholic Church, illustrate the diverse manifestations of consent-based legislation and its impact on addressing sexual violence. Sweden’s nuanced approach, exemplified by the introduction of the offense of ‘negligent rape,’ sheds light on the complexities of navigating cases where clear consent might be lacking. However, challenges persist in defining consent, countering rape myths, and ensuring procedural justice for survivors, emphasizing the need for ongoing efforts to refine legal frameworks and societal attitudes. The research explores the landmark adoption of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) and the European Court of Human Rights’ directive to member states to adopt a consent-based approach. The Catholic Church’s internal reform in 2021, reflected in the revision of Book VI of the 1983 Code of Canon Law, contributes to the broader global discourse on institutional accountability for addressing sexual violence.

Keywords :
Consent-Based Model, Gender Equality, Institutional Accountability, International Human Rights, Legal Frameworks, Rape Legislation, Sexual Consent, Sexual Violence, Societal Attitudes.

References :

  • Akhtar, A., Aziz, S., & Mushtaq, H. (2021). Debunking the Subaltern Voice: A Critical Analysis of Representative Colonial and Postcolonial Texts in Pakistani ESL Setting. Elementary Education Online, 20(4), 3142-3142.
  • Anthias, F. (2001). New hybridities, old concepts: the limits of’culture’. Ethnic and racial studies, 24(4), 619-641.
  • Wilson, R., & Dissanayake, W. (1996). Global/local: Cultural production and the transnational imaginary: Duke University Press.
  • Yeĝenoĝlu, M. (2005). Cosmopolitanism and nationalism in a globalized world. Ethnic and Racial Studies, 28(1), 103-131.



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