Google AI


Modern Australian

How to get consent for sex (and no, it doesn’t have to spoil the mood)

  • Written by: Bianca Fileborn, Senior Lecturer in Criminology, The University of Melbourne
How to get consent for sex (and no, it doesn’t have to spoil the mood)

New South Wales and Victoria are set to introduce a suite of reforms to sexual offences legislation which set a new standard for sexual consent. Both states will implement an affirmative model of consent.

Affirmative consent is based on the idea that someone who is consenting to sex will actively express this through their words and actions – it’s the presence of an “enthusiastic yes”, rather than the absence of a “no”.

So what’s changing, and what does that mean for how we negotiate sex?

By law, you will need to actively seek consent

The Victorian and NSW reforms place a higher onus on the accused.

Current legislation stipulates that while any steps taken by the accused to ascertain consent should be taken into account in determining whether their belief in consent was “reasonable”, they are not required to have actively sought consent. This means an accused person could argue they had “belief” in consent, without actually taking any action to confirm this belief.

Under the new model, if an accused did not take steps to ascertain consent, their belief in consent is considered to be unreasonable. Silence or a lack of resistance cannot indicate consent.

If an accused wanted to mount a defence that they held a “reasonable belief” in the other person’s consent, they would have to demonstrate what steps or actions they took to make sure the other person was consenting.

Read more: NSW adopts affirmative consent in sexual assault laws. What does this mean?

It is hoped this will lead to an emphasis on the actions of the accused, rather than scrutinising the complainant’s behaviour. These are important improvements in the way the legal system responds to sexual assault.

No, it doesn’t mean signing a consent form

Affirmative consent means all partners should consciously and voluntarily agree to participate in sexual activity.

Responsibility for consent should be mutual, meaning all parties involved need to ensure they have obtained consent.

Affirmative consent can also be withdrawn at any time – it’s an ongoing process, not a one off “yes” at the start of an encounter.

Some people suggest affirmative consent makes sex “awkward” or “formulaic”. We’re often asked if this means we need to have our partners sign a consent form at the beginning of an encounter.

Others say having to constantly “check in” with a partner can spoil the mood or remove the spontaneity of sex.

As New Zealand comedy Flight of the Conchords reminded us, ‘a kiss is not a contract’.

Not only does an affirmative model help to ensure your partner is actively consenting to sex, it can also help enhance pleasure and fun.

So how do you actually get consent?

Here are some ways you might approach consent under an affirmative model:

Ask your partner how they like to be touched, or what they would like to do. Questions like “how does that feel” or “would you like it if I did XXX” can help ascertain consent but also ensure sex is pleasurable!

Some companies have produced cards to help facilitate this conversation with a partner. Kink communities, such as BDSM groups, often have well-established protocols for talking about consent, and there’s arguably much we could learn from them.

Pay attention to all of the cues and forms of communication a partner is using. This includes what they say, but also their body language, gestures, noises, and emotional expression.

Gay couple cuddle in bed.
Pay attention to your partner’s cues. Shutterstock

If a partner is passive, silent, crying, or looking upset, these are all red flags that they are not consenting. If there’s any doubt about whether your partner/s are into what’s happening, stop and check in with them again.

If you’re still unsure, it’s best to end the encounter.

Is the other person intoxicated or drug affected? If so, they might not legally be able to consent to sex. While some people do use alcohol or other drugs to enhance sexual pleasure (for example, in Chemsex), this is something that needs to be carefully negotiated.

Again, if in any doubt, it’s always best to stop.

Consider the context, and the nature of the relationship between yourself and your partner/s. For example, are you in a position of power over the other person/people? This could be on account of your age, gender, employment status and so on.

If the answer is “yes”, exercise caution. Is it possible the other person could feel pressured or unable to say no to you?

Two young people without shoes sit on a tiled floow.
If there’s any doubt about consent, stop and check in with your partner. Sinitta Leunen/Unsplash

While research suggests non-verbal communication is the most common way people communicate consent, people can misinterpret non-verbal cues. So it’s best not to rely on reading non-verbal cues alone.

Try using verbal consent as well (or the use of sign language or written communication for people who are non-verbal). This doesn’t have to be awkward, or contractual, and consent can be communicated through dirty talk.

Asking a partner what they like also allows you to learn about their body and what feels good, rather than just guessing what they might find pleasurable.

Beyond affirmative consent

While affirmative consent certainly provides a better framework for sexual communication than just waiting for someone to say “no” (or simply assuming the other person consents), it also has limitations.

People may still affirmatively consent to sex they do not want for various reasons. Consenting to sex may be the safer option in an abusive relationship, for example. People also often engage in sex due to peer pressure or because they feel it is their duty as a partner.

Read more: Not as simple as 'no means no': what young people need to know about consent

Our sexual scripts and dominant gender norms can also make it difficult to enact affirmative consent in practice.

Young women, for example, are often socialised to be polite, compliant, and pleasing to others. Sexual double standards presenting women as “sluts” or “whores” for actively engaging in and enjoying sex persist. As a result, it can be difficult for some women to openly express their sexual wants and desires.

Woman sits on the end of a bed.
Some people are less able to say no. Shutterstock

Affirmative consent is less able to take into account the broader structural and social factors that make saying “yes” or “no” difficult, or that mean we sometimes “consent” to unwanted sex.

While affirmative consent is vital, you might also want to think about how you can ensure your partners feel comfortable and safe to express their needs, desires, and what feels good.

You also want to make sure they feel comfortable to say “no” at any time without any ramifications.

Read more: Teaching young people about sex is too important to get wrong. Here are 5 videos that actually hit the mark

Authors: Bianca Fileborn, Senior Lecturer in Criminology, The University of Melbourne

Read more https://theconversation.com/how-to-get-consent-for-sex-and-no-it-doesnt-have-to-spoil-the-mood-172139

Better Business Photos Without Misleading Customers: An Australian Guide

A timber dining set looks inviting against a sunny deck, with cushions, lanterns and enough chairs for the whole family. But imagine the retailer sell...

Understanding a dental implant Melbourne Treatment Plan

A dental implant Melbourne patients may consider is one option for replacing a missing tooth, but suitability depends on oral health, bone support a...

How 3PL Logistics Australia Supports Faster and More Efficient Supply Chains

Why Has 3PL Logistics Become Important for Growing Businesses?  Gone are the days when supply chains were simpler and in minimal quantity. Now, the...

Common Skin Concerns and Treatment Options Available in Melbourne

Skin concerns can develop gradually or become noticeable following changes in age, lifestyle, sun exposure or hormonal factors. Pigmentation, rednes...

Why a Code-Compliant Home Can Still Feel Uncomfortable

When people build or renovate a home, they usually expect that meeting current building requirements will also produce a comfortable place to live. ...

Breach of Contract in Business: What Are Your Options?

Contracts are essential to business relationships. They establish expectations, allocate responsibilities and provide a framework for delivering goods...

How Pest Control Companies Can Rank for the Problems Customers Search First

Introduction SEO for Pest Control needs to start with the customer’s problem. Most people do not search for pest services in a neat or technical wa...

What Are the Benefits of Renovating an Older Home in Sydney?

Sydney has plenty of character homes, from Federation cottages to mid-century brick homes. Renovating rather than rebuilding can preserve what makes t...

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Metal Fabrication: Choosing Metal Fabrication Melbourne Services for Custom Projects

What Modern Metal Fabrication Involves From individual components to complete structures, metal fabrication brings together processes such as desig...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Full-Height vs. Pop-Top Caravan: Which Is Better for Family Travel across WA?

A pop-top caravan is an excellent choice for travellers who want the comfort of a caravan without committing to a larger, bulkier setup. With a lowe...