Is there another way? I think so. This is why I’m campaigning to incorporate affirmative consent into UK law – just as New South Wales has done. Affirmative consent is defined as “the active, mutual, and voluntary agreement to participate in a sexual act.”
Right to Equality, an organisation I founded to campaign to change sexist and discriminatory laws, is working with the Women’s Equality Party and other campaigners to explore whether affirmative consent could bring about the changes we desperately need.
“Affirmative consent places the responsibility on potential perpetrators to ensure explicit agreement.”
We commissioned Oxford Pro Bono Publico at Oxford University to research affirmative consent law in other jurisdictions, and their results showed that a “yes means yes,” approach shifts the focus from the absence of a “no” to the presence of explicit and ongoing consent. By emphasising the importance of affirmative consent, these laws challenge the assumption that silence or lack of resistance implies consent. Instead, they emphasise the need for clear communication and mutual desire.
One of the essential benefits of affirmative consent laws is the empowerment they offer to survivors of sexual assault. By defining and reinforcing the concept of affirmative consent, these laws provide survivors with the support and validation they need to come forward and seek justice. Affirmative consent places the responsibility on potential perpetrators to ensure explicit agreement. This change enables survivors to reclaim their narratives and reduces the stigma and shame often associated with reporting sexual assault.
Affirmative consent laws could have profound social and cultural significance. They carry a symbolic challenge to societal norms, shifting the understanding of consent in sexual relationships. These laws could prompt individuals to engage in open conversations about boundaries, desires, and expectations, fostering a culture of mutual respect and communication.
This cultural shift towards affirmative consent can have a ripple effect, especially among school-aged children who are shaping their understanding of relationships. By promoting healthy discussions around consent, affirmative consent laws help break down harmful stereotypes surrounding sexuality, reducing the prevalence of sexual coercion, assault, and harassment.
Ultimately, these laws could contribute to a society where consent is recognized as a fundamental pillar of healthy and respectful relationships.
Rape laws in the UK are inadequate and regularly fail to protect victims of sexual assault. We must combat the alarming decriminalisation of rape – could affirmative consent laws be the answer?
Affirmative consent laws shift the focus from the absence of a “no” to the presence of explicit and ongoing consent. By emphasising clear communication, mutual desire, and ongoing agreement in sexual encounters, these laws empower survivors and hold potential perpetrators accountable. In addition, these laws would provide survivors with the support and validation they need. By placing the responsibility on potential perpetrators to ensure explicit agreement, affirmative consent laws help to address harmful biases and challenge the assumption that silence implies consent.
In my opinion, it’s time for the UK to join others in taking this vital step towards ensuring justice for victims and preventing the decriminalization of rape. By redefining consent and fostering a culture of clear communication and respect, we can work towards a society where sexual assault is unequivocally condemned, survivors are supported, and justice is served.
For more information about reporting and recovering from rape and sexual abuse, you can contact Rape Crisis on 0808 500 2222.
If you have been sexually assaulted, you can find your nearest Sexual Assault Referral Centre here. You can also find support at your local GP, voluntary organisations such as Rape Crisis, Women’s Aid, and Victim Support, and you can report it to the police (if you choose) here.
GLAMOUR has launched The Consent Survey in partnership with Refuge and Rape Crisis: a vital opportunity for victims and survivors to speak up about their experiences without shame, judgement, or fear of retaliation. We believe that social change starts with a conversation.
That’s why we’re asking you to share your stories. Your voice matters – and we want to hear it.