scholarly journals "Next Time" Means "No": Sexual Consent and the Structure of Refusals

2020 ◽  
Vol 6 (4) ◽  
Author(s):  
Ginger Tate Clausen
Keyword(s):  
Sexual Violence ◽  
Public Discourse ◽  
Sexual Consent ◽  
Definition Of ◽  
Affirmative Consent

This paper emphasizes a need to recognize sexual refusals both in public discourse and in the context of particular interactions. I draw on sociolinguistic work on the structure of refusals to illuminate a much-discussed case of alleged sexual violence as well as to inform how we ought to think and talk about sexual consent and refusal more generally. I argue on empirical and ideological grounds that we ought to impute the same significance to refusals uttered in sexual contexts as we do to those uttered in nonsexual contexts. Finally, I propose an amendment to the definition of affirmative consent that would put it in line with the conclusions drawn in the rest of the paper.

scholarly journals Moaning and Eye Contact: Men's Use of Ambiguous Signals in Attributions of Consent to their Sexual Partners

2017 ◽  
Author(s):  
Nicole Bedera
Keyword(s):  
Sexual Assault ◽  
Sexual Violence ◽  
Eye Contact ◽  
Sexual Partners ◽  
College Campuses ◽  
Social Cues ◽  
Sexual Consent ◽  
Structured Interviews ◽  
Undergraduate Men ◽  
Affirmative Consent

In recent years, there has been increasing pressure on men to take a proactive role in preventing sexual violence. On college campuses, this pressure has been formalized into affirmative consent policies that require all students to actively seek consent from their sexual partners through unambiguous verbal or physical signals. This study uses data from 25 semi-structured interviews to explore how undergraduate men make sense of sexual consent after cultural and organizational pressure to be more proactive in preventing sexual assault. Participants answered questions about their recent sexual experiences and their attitudes toward campus sexual consent policies. Findings indicate that while participants understand and condone key elements of sexual consent, they do not consistently apply reliable strategies to ensure that their sexual interactions are consensual. Instead, they use ambiguous social cues that are common in both consensual and nonconsensual sexual interactions, which reinforce the cultural notion that consent is unclear.

E-health developments in the system of health services in Hungary and the European Union

2014 ◽  
Vol 155 (21) ◽  
pp. 822-827
Author(s):  
Ágnes Váradi
Keyword(s):  
Health Care ◽  
European Union ◽  
Public Discourse ◽  
Action Plan ◽  
Fundamental Rights ◽  
Public Health Care ◽  
The European Union ◽  
Contemporary Issue ◽  
Definition Of ◽  
Basic Features

The question of electronic solutions in public health care has become a contemporary issue at the European Union level since the action plan of the Commission on the e-health developments of the period between 2012 and 2020 has been published. In Hungary this issue has been placed into the centre of attention after a draft on modifications of regulations in health-care has been released for public discourse, which – if accepted – would lay down the basics of an electronic heath-service system. The aim of this paper is to review the basic features of e-health solutions in Hungary and the European Union with the help of the most important pieces of legislation, documents of the European Union institutions and sources from secondary literature. When examining the definition of the basic goals and instruments of the development, differences between the European Union and national approaches can be detected. Examination of recent developmental programs and existing models seem to reveal difficulties in creating interoperability and financing such projects. Finally, the review is completed by the aspects of jurisdiction and fundamental rights. It is concluded that these issues are mandatory to delineate the legislative, economic and technological framework for the development of the e-health systems. Orv. Hetil., 2014, 155(21), 822–827.

scholarly journals Prevalence of Sexual Violence in Migrants, Applicants for International Protection, and Refugees in Europe: A Critical Interpretive Synthesis of the Evidence

2018 ◽  
Vol 15 (9) ◽  
pp. 1979 ◽  
Author(s):  
Lotte De Schrijver ◽  
Tom Vander Beken ◽  
Barbara Krahé ◽  
Ines Keygnaert
Keyword(s):  
Sexual Violence ◽  
Sexual And Reproductive Health ◽  
Ecological Model ◽  
Grey Literature ◽  
Public Health Problem ◽  
Future Research ◽  
Major Public Health Problem ◽  
International Protection ◽  
Critical Interpretive Synthesis ◽  
Definition Of

(1) Background: Sexual violence (SV) is a major public health problem, with negative socio-economic, physical, mental, sexual, and reproductive health consequences. Migrants, applicants for international protection, and refugees (MARs) are vulnerable to SV. Since many European countries are seeing high migratory pressure, the development of prevention strategies and care paths focusing on victimised MARs is highly needed. To this end, this study reviews evidence on the prevalence of SV among MAR groups in Europe and the challenges encountered in research on this topic. (2) Methods: A critical interpretive synthesis of 25 peer-reviewed academic studies and 22 relevant grey literature documents was conducted based on a socio-ecological model. (3) Results: Evidence shows that SV is highly frequent in MARs in Europe, yet comparison with other groups is still difficult. Methodologically and ethically sound representative studies comparing between populations are still lacking. Challenges in researching SV in MARs are located at the intrapersonal, interpersonal, community, societal, and policy levels. (4) Conclusions: Future research should start with a clear definition of the concerned population and acts of SV to generate comparable data. Participatory qualitative research approaches could be applied to better grasp the complexity of interplaying determinants of SV in MARs.

scholarly journals The Prejudicial Effects of "Reasonable Steps" in Analysis of Mens Rea and Sexual Consent: Two Solutions

2018 ◽  
pp. 933
Author(s):  
Lucinda Vandervort
Keyword(s):  
Sexual Assault ◽  
Personal Experience ◽  
Common Law ◽  
Criminal Code ◽  
Decision Makers ◽  
Sexual Consent ◽  
Mens Rea ◽  
State Of Mind ◽  
Definition Of ◽  
Is Failure

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by section 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded in their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable,” given what the accused knew, the legal definition of consent in section 273.1 is easily overlooked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. The result is failure to enforce the law. The author proposes: (1) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and (2) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent.

Consent and Sexual Violence in Canadian Public Discourse: Reflections onEwanchuk

2001 ◽  
Vol 16 (2) ◽  
pp. 173-204 ◽  
Author(s):  
Joanne Wright
Keyword(s):  
Sexual Violence ◽  
Public Discourse ◽  
Analyse Du Discours ◽  
Sens Commun

RésuméCet article est une analyse du discours public autour de la notion de consentement et de violence sexuelle, suite à la causeEwanchuk(«bonnet et crinoline»). L'analyse du débat qui s'ensuivit dans les pages editoriales duNational Postme porte à croire que la vive réaction à l'affaireEwanchukest liée à l'expérience personnelle et sexuée («gendered») des participants au débat, ce qui aurait influencé leur interprétation de la cause. La réaction fut également le résultat d'un conflit entre le modèle culturo-sexuel dominant des interactions hétérosexuelles (un modèle qui célèbre l'agressivité sexuelle masculine) et un modèle consensuel tel que prévu par le droit canadien selon le principe du «non veut dire non». Enfin, pour un public déjà sceptique à l'endroit du féminisme, la causeEwanchukfut un symbole de la prise de pouvoir de la Cour suprême par les féministes. Je soutiens que l'interprétation du consentement selon le modèle dominant représente une dérogation importante à l'idéal libéral du consentement libre et volontaire. En effet, elle s'appuie sur une notion de consentement «tacite» et le sens de «contrainte» et de «consentement» s'en voit obscurci. En fin de compte, la causeEwanchukreflète la persistance des attitudes découlant du sens commun face à la violence sexuelle et ce, malgré les réformes juridiques. L'affaire soulève aussi la question si le consentement peut être défini selon des termes significatifs et émancipateurs pour les femmes.

“Be proactive not reactive”: Understanding gaps in student sexual consent education

2021 ◽  
pp. e20210003
Author(s):  
Brittany Thiessen ◽  
Linzi Williamson ◽  
Carie M. Buchanan
Keyword(s):  
Health Education ◽  
Sexual Health ◽  
Sexual Violence ◽  
Sex Education ◽  
Sexual Consent ◽  
Sexual Health Education ◽  
Healthy Sexuality ◽  
Wholistic Education ◽  
Sex Positive ◽  
Violence Prevention Programs

A growing number of universities are providing sexual violence prevention programs to students in recognizing the need for this programming. While universities favour programs on singular topics aimed at preventing sexual violence, scholars have argued that comprehensive sexual health education should begin prior to entering university to better ensure safer campus communities. Further, students have expressed unmet needs regarding the sexual health education they received prior to attending university. Therefore, the current study sought to explore gaps in sexual health education as identified by university students. Participants ( N = 444) were asked to describe the consent definition they were taught in high school and from their parents, and how the sexual health education they received could have been improved. An inductive thematic analysis was used to identify six themes from the data: back to consent education basics, you have the power to set boundaries, staying safe in sexual situations, take a sex-positive approach with sex education, wholistic education on consent-based relations, and practical recommendations for providing sex education. Findings highlight that participants desired a more wholistic approach to their sexual health education that included practical components on healthy sexuality. Notably, participants relayed how proper sexual health education may have prevented experiences of sexual violence they had. Thus, it is essential to continue exploring how best to provide comprehensive sexual health education to adolescents.

Fraudulent Sex Criminalisation in Australia: Disparity, Disarray and the Underrated Procurement Offence

2020 ◽  
Vol 43 (2) ◽  
Author(s):  
Jianlin Chen
Keyword(s):  
Sexual Consent ◽  
Sexual Offence ◽  
Respective Treatment ◽  
Legal Outcomes ◽  
Definition Of ◽  
Legislative Processes

This article critically investigates the criminalisation of fraudulent sex across Australia’s eight states and territories. Through situating the statutory definition of sexual consent alongside the respective treatment of the procurement offence (a sexual offence that punishes obtaining sex through any false representation), this article identifies the four distinct approaches of criminalising fraudulent sex and demonstrates the surprising stark divergence in legal outcomes. This article argues that the approaches adopted by half of the surveyed jurisdictions are flawed from the perspective of legislative design, and highlights the deficient legislative processes that failed to pay due regard to the procurement offence. In this regard, this article proposes statutory reform to enhance the coherency and clarity of fraudulent sex criminalisation.

The Black British and Irish Press

2020 ◽  
pp. 396-413
Author(s):  
Olive Vassell
Keyword(s):  
World War Ii ◽  
Public Discourse ◽  
Critical Role ◽  
British Society ◽  
The Public ◽  
Black British ◽  
Mass Migration ◽  
History Of ◽  
British Press ◽  
Definition Of

The black British press has since its inception in 1900 been rooted in several connected struggles. They are: the push for African and Caribbean independence, and the creation of a collective cultural and political black identity based in African roots; the formation of community and belonging for largely Caribbean immigrants following the post-World War II mass migration, and the reflection and reinforcement of identity for black British-born citizens outside of white political, social, economic and cultural hegemony. However, it has not only played a pivotal role in addressing issues of liberation and community building, but also in helping to define the public discourse surrounding the definition of what it means to be both black and British, not just for blacks, but for the entire British society. This chapter examines the history of black British newspapers and periodicals through these three distinct periods of social change and the critical role they have played in each of them.

Unintended consequences of prohibiting advocacy of hatred and regulating campaign finance: The weakening status of freedom of speech in Israel

2020 ◽  
Author(s):  
Barak Medina
Keyword(s):  
Public Discourse ◽  
Unintended Consequences ◽  
Human Rights Law ◽  
Jewish State ◽  
State Neutrality ◽  
Recent Developments ◽  
One Step ◽  
The Government ◽  
Definition Of ◽  
Constitutional Identity

Abstract A central dilemma in human rights law is how to reconcile the government’s duty to respect freedom with its obligation to protect individuals that might be harmed by the exercise of said freedom. Intolerance toward the dissemination of certain illiberal positions may have adverse social and political unintended results. One central concern is that such a policy would create a common culture that does not appreciate the critical importance of a vibrant public discourse. As such, it might enable governments, in terms of popular legitimacy, to curtail speech beyond the limits of justifiable infringements. Recent developments in Israel illustrate this concern. In recent years, normatively legitimate antiracism legislation was unjustifiably expanded by imposing sanctions on expressions that were deemed harmful to national sentiments or questioning the legitimacy of Israel’s Constitutional Identity as a Jewish state. Similarly, laws against the support of terrorism were followed by prohibitions on advocating boycotts against Israel. This Article proposes to halt the sociological slippery-slope trend of curtailing speech far and beyond the permissible scope of such a policy, by implementing rules-based legal doctrines that may foster a stronger public pressure on the government to protect free speech; restricting the scope of “harm-in-one-step” approach; and providing a clearer definition of the requirement of state neutrality in the context of regulating speech.

scholarly journals Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?

2013 ◽  
Vol 16 (1) ◽  
pp. 143-201 ◽  
Author(s):  
Lucinda Vandervort
Keyword(s):  
Legal Reasoning ◽  
Decision Makers ◽  
Sexual Consent ◽  
Legal Analysis ◽  
Voluntary Agreement ◽  
The Rule Of Law ◽  
Trial Judges ◽  
Stranger Danger ◽  
The Impact ◽  
Affirmative Consent

This article proposes a rigorous method to map the law on to the facts in the legal analysis of sexual consent using a series of mandatory questions of law designed to eliminate the legal errors often made by decision makers who routinely rely on personal beliefs about and attitudes toward “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well—acquaintances, supervisors or coworkers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges to truncate legal analysis of the facts and leap to erroneous conclusions about consent. Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of prejudgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and to produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used.

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