Understanding Consent and The Law – with Joyce Short

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learn more about Joyce’s work at https://consentawareness.net/ Correctly defining consent can save countless victims from sexual assault! Consent could be the most misunderstood word in the English language! Watch this TEDx Talk for a clear understanding! Establishing a standard definition in the penal code of every state and territory will make a world of difference! No state or territory… absolutely none…. provides an actual definition for the word “consent” in its penal code. 24% of penal codes contain provisions that tell us specific – but not all – instances when consent fails to take place. Many use contradictory terms that can make sexual assault impossible to prosecute. 76% of our states and territories have neither provisions nor a definition for consent. Consent is a unique and specialized form of “agreement.” Synthesizing the definition for consent from Model Penal Code, Nuremberg Code, GDPR and provisions across the US and around the world leads to the easily understood definition of consent: “Freely Given, Knowledgeable and Informed Agreement,” #FGKIA! Society needs new laws to recognize when sexual assault takes place! Most police precincts in the US scoff at a victim’s sexual assault complaint when the offender is an acquaintance or when they did not use violence to overwhelm the victim. The names for sex crimes differ from state to state, contributing even greater confusion. Some states use the generic term, “rape.” Others adopt words like: “sexual assault,” “sexual exploitation,” “sexual battery,” “sexual misconduct,” “unlawful sexual conduct,” and more. No matter what name is used for nonconsensual sex, all sex crimes should be covered by penal code. Here is the simple language each state can adopt in order to consistently uphold every person’s entitlement to consent in all sexual conduct and provide protection from all forms of sexual assault: “Nonconsensual sex is sexual assault: Consent is freely given, knowledgeable and informed agreement.” While violent rape is the most heinous and “aggravated” form of sexual assault, predators who use a non-violent method to undermine their victim’s self determination over their body, are committing a criminal act. The degree or level of a crime, such as a felony or misdemeanor, distinguishes the severity to the victim and the resultant consequence to the offender. Our laws punish burglary using violence more severely than theft with no violence. No matter what type or size weapon a murderer uses to kill their victim, we recognize a crime is committed. And our sex crime laws should apply the same principle.

 

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