Consent

Consent

  • Definition of Consent:

    • Freely Given: Consent should not be coerced or forced in any way.

    • Reversible: Any person can change their mind at any time about the consent they have given.

    • Informed: All parties must have a clear understanding of what they are consenting to.

    • Enthusiastic: Consent should be given with excitement and eagerness.

    • Specific: Consent applies to each specific action; consent to one act does not imply consent to others.

  • Source: Planned Parenthood®, "Tea consent" video: https://www.youtube.com/watch?v=oQbei5JGIT8

Understanding Sexual Violence

  • Historical Study:

    • Study by Kirkpatrick and Kanin (1957) focusing on sexual violence among university women.

    • Sample of 291 female students:

      • Over 25% reported aggressive, forceful attempts at sexual intercourse including menacing threats or physical harm.

      • Low reporting rates for such behaviors.

    • Sample of 341 male students:

      • 26% admitted to attempting to obtain sexual intercourse that caused distress to the woman.

Social & Academic Perceptions of Sexual Violence

  • Empirical Research History:

    • Lack of empirical research until the 1970s-1980s; earlier, psychopathology models dominated.

    • Psychopathology Model:

      • Sexual violence considered rare.

      • Perpetrators viewed as mentally ill or chemically imbalanced.

      • Treatments suggested included castration, psychotherapy, and other medical interventions.

Essentialist Views on Assault

  • Despite the discrediting of the psychopathology model, myths about sexual impulses persist.

  • Dominant idea: Men assault due to uncontrollable sexual desires, thus placing responsibility on women to avoid provoking these desires.

    • Contributes to victim-blaming (the notion that victims are at fault for not preventing the assault).

    • Cultural norms view male sexual aggressiveness as natural, reinforcing harmful stereotypes.

    • Shaming and blaming women who experience sexual violence is prevalent; male victims often overlooked.

Shifting Perceptions

  • Women’s Liberation Movement (1970s):

    • Established crisis centers, emergency shelters, and hotlines.

    • Disproved psychopathology model; found sexual assault prevalent and often committed by known individuals.

    • Set the foundation for viewing assault as a matter of power and control rather than sexual desire.

    • Advocated for cultural changes towards gender equality as a solution.

Theoretical Framework of Sexual Violence

  • Sexual violence understood as a socially constructed phenomenon, shaped by societal norms, cultural contexts, and power dynamics rather than as an inherent characteristic.

Changing Academic Perceptions

  • Anthropologist Peggy Reeves Sanday (1980s):

    • Analyzed 95 band and tribal societies.

    • Findings:

      • 47% rape-free societies (e.g., Mbuti Pygmies, Minangkabau).

      • 36% with some incidence of rape (e.g., Ashanti, Gond).

      • 17% rape-prone societies (e.g., Gussi, Mundurucu).

  • Cultural Patterns: Identified associations between cultural norms and rates of sexual violence.

Rape-Prone vs. Rape-Free Cultures

  • Rape-Prone Societies:

    • Characterized by male dominance, rigid gender roles, and unpunished sexual violence.

    • Victims face isolation and blame.

  • Rape-Free Societies:

    • Promote equality, respect, and economic parity among genders.

    • Low interpersonal violence and non-aggressive masculinity.

  • Conclusion: Rape is culturally constructed and reflects societal norms and power structures rather than being a natural occurrence.

College Culture in the 1990s and 2000s

  • Sanday's ethnographic observations of 32 college fraternities.

    • Rape-Prone Fraternities:

      • Emphasized masculinity through sexual conquest.

      • Fostered environments of sexual aggression and normalization of coercive behaviors.

    • Rape-Free Fraternities:

      • Encouraged respectful relationships and disapproved of coercive behaviors.

      • Valued emotional connections and had diverse social policies.

  • Rape Culture: Defined as a societal normalization and minimization of sexual violence.

Case Study: Hockey Canada Sexual Assault Trial

  • In 2025, five members of the 2018 World Junior Hockey Team were charged with sexually assaulting "E.M." in a hotel.

  • Complainant's Claim (E.M.):

    • Initial consensual interaction turned coercive after intoxication and intimidation by multiple men present.

  • Defence's Claim:

    • Argued E.M. was not coerced, had valid consent, and accused her of regret or embarrassment-induced fabrication.

Public Response & Institutional Reaction

  • National attention led to protests and discussions about sexual violence in hockey.

  • Hockey Canada Initial Response:

    • Launched investigations but did not charge individuals until pressures mounted in 2022.

    • Settled a civil suit with E.M. for an undisclosed amount.

  • Scandal and Backlash:

    • Revealed misuse of funds for settlements drew public outrage and loss of sponsors.

    • Total organizational reform was initiated post-scandal.

Court Verdict

  • Judge ruled in favor of defendants in April-June 2025 due to lack of credible evidence against them.

  • Public uproar followed regarding consent, accountability, and survivor treatment in legal systems.

Changing Perceptions of Sexual Violence

  • Feminist actions and research in the 1970s led to significant studies, including Mary Koss' Sexual Experiences Survey (1985).

  • Survey Findings:

    • 28% of college women reported attempting or actual rape; only 8% of men disclosed perpetration.

  • Findings contradicted myths about the rarity of sexual assault and highlighted underreporting.

Sexual Experiences Survey (Koss 1985)

  • Included 12 questions about sexual encounters without using the term "rape"; highlighted discrepancies between acknowledgment of victimization and actual perceptions.

  • Common myths influenced respondents' understanding and reporting of their experiences.

    • Formulated terms "date rape", "acquaintance rape", and "unacknowledged rape".

Prevalence of Sexual Violence in Canada

  • Statistics on Reporting:

    • Low reporting rates of sexual violence; 34,200 reports in 2021 (18% increase from 2020).

    • Many victims indicate multiple reasons for not reporting incidents.

  • Attrition Pyramid (H. Johnson, 2012):

    • $460,000$ estimated sexual assaults annually in Canada as per 2004 survey results.

    • Of $15,200$ reported to police, under $50 ext{%}$ lead to charges, with only $25 ext{%}$ resulting in convictions.

Common Myths Surrounding Sexual Violence

  • About Men:

    • Misconceptions about male vulnerability to assault and perpetration.

  • About Women:

    • Beliefs perpetuating the idea that women's behavior leads to assault and that survivors are inherently damaged.

Response to Disclosures of Sexual Violence

  • Guidelines for Responding:

    • Offer non-judgmental support and allow the survivor to control their narrative.

    • Employ affirming language and check in periodically for emotional support.

Meaningful Consent

  • Definition of Meaningful Consent:

    • Understanding personal agency and being informed about the implications of sexual activity.

    • Conditions for giving consent include being free from coercion, having the maturity to communicate clearly, and understanding health risks involved.

  • Barriers to Consent:

    • Various societal and personal barriers that impact the informed decision-making process in sexual contexts.