Consent

Abstract

This chapter presents an overview of various legal issues raised by consent to sexual acts, including the dissemination of sexual images. Generally, consent of both sexual partners removes the risk of criminal responsibility. However, legally valid consent requires certain preconditions in the persons affected (eg consciousness and understanding of the meaning of sex) and the situation (absence of force, massive threats, and some forms of deceit). Consent must be expressed, but it is an open question on what forms of consent (or lack of non-consent) each partner may rely. The scope and timing of consent can also raise questions. Whereas sexual assault offences traditionally require intent, a growing international trend is to provide for criminal liability in cases of recklessness and gross negligence regarding the other person’s lack of consent. The general development of the law is towards extending the protection of sexual autonomy and, thus, towards making greater demands on the voluntariness of entering into sexual relations.