What many states have defined in law as full consent of both parties states that both parties agree to and show excitement and willingness to partake in sexual intercourse. Yet even with such definition there are still gray areas that need to be addressed. For example if consent is given initially and midway through the act, one party retracts the consent without voicing concern to the other party, then by the redefinition of rape it is considered as such. California recently passed a bill that defines consent in the state.
“ An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. 'Affirmative consent ' means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.”
This statement looks open to interpretation and abuse by people. Stating that consent has to be “affirmative, conscious, and voluntary agreement to engage in sexual activity” does not actually describe the means through which acceptable consent under this law can be given. The bill does not give concrete definitions and in turn the definition falls on the judges beliefs and is not concurrent with how the justice system should work.
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...her, Bonnie S., et al. "There Is a Serious Problem with Sexual Assault on College Campuses." Sexual Violence. Ed. Amanda Hiber. Farmington Hills, MI: Greenhaven Press, 2014. Opposing Viewpoints. Rpt. from "Conclusions and Recommendations." The Campus Sexual Assault Study. Vol. 1. 2007. Opposing Viewpoints in Context. Web. 21 Apr. 2015.
Mantel, Barbara. "Campus Sexual Assault." CQ Researcher 31 Oct. 2014: 913-36. Web. 21 Apr. 2015.
Parris, Matthew. "The problem with a wider definition of rape." Spectator 6 Sept. 2014: 25. Opposing Viewpoints in Context. Web. 21 Apr. 2015.
Soave, Robby. "Student Accused of Rape By 'Mattress Girl ' Sues Columbia U., Publishe…." Reason.com. Reason.com, 24 Apr. 2015. Web. 30 Apr. 2015.
Will, George. "George Will: Colleges Become the Victims of Progressivism." Washington Post. The Washington Post, 6 June 2014. Web. 21 Apr. 2015.
Farley says “the requirements articulated in this norm is all the more grave because it directly safeguards the autonomy of persons as embodied and inspirited, as transcendent and free (Farley, 218)”. Giving your consent on sex makes it better on the two willing to give consent, it's an agreement, and trustful. “This right or this obligation to respect individual autonomy sets a minimum but absolute requirement for the free consent of sexual partners (Farley, 218)”. In addition, I also argued that when giving your consent on sex if something where to occur, it's based in your choice. Farley would say that “ the requirement of free consent, then opposes sexual harassment, pedophilia, and other instances of disrespect for persons capacity for, and right to, freedom of choice (Farley, 218)”. Which proves my argument to be correct, that giving your consent is self-decision, and self-choice. The consent on sex proves to sufficient based in
THE ISSUE OF CONSENT In acknowledgement of the particular difficulties involved in the prosecution of rape cases and the consequent poor conviction rates, a central alteration in the law on sexual offences concerned the meaning of consent and the manner in which it should be established in a court of law. Previously, the Se... ... middle of paper ... ... y asking the reasonable person what may by its nature be sexual begs the question. Into what nature of the term sexuality are we asking people to enquire?
Hess, Amanda. "To Prevent Rape on College Campuses, Focus on the Rapists, Not the Victims." Slate Magazine. Slate Magazine, 16 Oct. 2013. Web. 12 Feb. 2014. .
“Every 21 hours there is a rape on an American College Campus” (Sexual Violence on College Campuses). Sexual assault is something many have heard of and maybe know someone who was sexually assaulted in their lifetime. Sexual assault and sexual violence has been around for as long as our history books can tell us. With multiple cultural changes and new “fads”, as some may say, of college life; sexual assault has become a sort of recurring phenomenon of college lifestyles. This is not a positive thing and in no way should this be labeled as something good for college campuses. Sexual assault on college campuses should be prosecuted as rape can be falsely accused, non-consensual or under the influence of alcohol and/or drugs, and is permanently
When it comes to sexual assault on college campuses there is also the question of what can colleges do to decrease the amount of sexual assaults. Bradford Richardson and Jon A Shields wondered the same thing, so they conducted an ...
...ows that the person does not consent to the intercourse or is reckless as to whether that person consents to it’ – Sexual Offences Act 1956 c. 69 (Regnal. 4_and_5_Eliz_2)
Recent developments in standard of care and professional relationship with patients have made law fundamental to the study and practice of nursing. At every stage of patients care, law helps bring up to date nursing practice and it is essential that nurses understand the legal and ethical implications of law in their nursing profession (Griffith and Tengrah, 2011). The purpose of this essay is to discuss the concept of consent in relation to the role of the nurse. This will aim at demonstrate ethical and legal implication of consent on nursing practice and professional working. In the Code (2008, cited in Griffith and Tengrah, 2011) the Nursing and Midwifery Council set standards for nursing professional to follow. Among the rules is the requirement of nurses to obtain consent before care is given.
"Statistics about Sexual Assault and College Campuses." Statistics about Sexual Assault. Sarah Lawrence College, n.d. Web. 28 Nov. 2013. .
It was once acceptable for men to have full control over women, declaring when they will marry and when they will have children. However, over the past centuries, women have established a place in society, proving themselves much more than someone's property. This is why the word “rape” today is not taken lightly. According to findlaw.com, “Rape generally refers to non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress.” When one does not give consent to sex, it is considered a felony, possibly putting the rapist in jail. Contrary to sexual assault, “Sex is reified as penile-vaginal intercourse while an extremely diverse group of pleasurable and sexually stimulating activities are dismissively relegated to the category of foreplay...” (Reinholtz, Muehlenhard, Phelps, & Satterfield, 1995.) Although consented sexual intercourse is much more out in the open and accepted in society, the problem of rape is still very relevant behind the scenes.
About one in four women are victims of sexual assault in college, but there are ways to prevent this problem. The consequences of sexual assault are harmful and long-lasting and affect not only the victims but also their families and communities. Solutions to this problem _______. But, as Richard Edwards, chancellor of Rutgers-New Brunswick college said, “Regardless of the number, it’s a major problem, affecting our students and people all across the country and it has to be taken seriously” (5). If people work together, the steps can be taken to stop sexual assault in colleges.
What is sexual assault? Sexual assault is, “any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape” (Sexual Assault).
“There must be integrity between body and life. You must not do with your body what you’re not willing to do with your whole life” (Keller). Keller is directly talking about our individual sexual morality and how or how not it should be perceived in a social context. Most people think sexual dilemmas of it in a broader spectrum, not directly related to one’s morality, by saying “this act isn’t right” where others may simply say “why not”. Yet, what justifies an act for one person and condemns it for another? More importantly on what grounds do they condone their actions? Sexual morality can be described as: a communal and personal benchmarks for which we model are social relationships, as it pertains to all and every segment of engaging in sexual activities. This is not a limitless definition; it ranges from contact with one’s self or another, the context in which the act was preformed, and in some cases the place where it was performed. It can even be as controversial as what type of physical contact is considered sexual. All these guidelines must be met by our own standards to justify the sexual acts we partake in.
African culture perceptions on sexual activity are negatively viewed because of Western views in Americans. How can one judge the basis of someone else’s culture? What’s considered morally right or wrong to them may go against everything Africans has ever believed in. Acceptable sexual attitudes and behaviors are a direct correlation of norms within the culture.
Rape is a crime of violence and aggression that not only hurts a victim for the moment, but it shatters her entire life. According to the Britannica Encyclopedia, rape is defined as “any kind of unlawful sexual activity, usually sexual intercourse, carried out forcibly or under threat of injury and against the will of the victim.” This definition has been redefined to cover same-sex attacks and attacks against those who are incapable of valid consent, including persons who are mentally ill, intoxicated, drugged, etc. (rape). Because rape crimes affect all races, cultures, ages, and economical classes, it is difficult to create concrete research on the topic because of the variances. Society in the United States by no means condones rape, but it does expect it. The theories of rape are all different but the crime is always the same, a violation of one’s self through a sexual act.