Consent to Sex: When is it Legitimate and Illegitimate?

Consent and Censorship
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Consent and Censorship
Consent to Sex: When is it Legitimate and Illegitimate?
The liberal legal theory and legal feminist theory have shaped the relationship between sex and the law. These theories set a clear boundary between consensual and non-consensual sex. Non-consensual sex constitutes rape, non-consensual but nonviolent sex between cohabitants, marriage partners, date participants, or intoxicated, unconscious, or mentally incapacitated victims. Sex in these circumstances is considered sexual assault and is liable to legal action. However, many scholars, like West (2010), argue that using consent or non-consent as a demarcate for willing sex is risky. This is because several factors, such as environmental conditions, states of mind, and social structures, overwhelmingly compel and suggest that women consent to sex even when it is unwanted. Therefore, there is a need to ask the question, under what circumstances does verbal coercion invalidate consent to sex? Verbal coercion invalidates sex when it negatively affects the person who consented to it.
A quick look at the background on consensual and non-consensual sex shows that non-consent is a major determinant of sexual assault. The law uses consent as a dominant paradigm to distinguish sex and sexual violation (Palmer, 2016). It has largely ignored criminal behavior in consensual sex. Critics argue that the law should stay out of consensual sex, whether it is for pleasure, money, status, or peer pressure. Consensual sex should not be subject to civil sanctions, political critique, or regulation. The law considers the consent of two or more parties as consensual sex, which is therefore victimless. Supporters of the legal feminist theory argue that consent to sex gives the individual autonomy. Concession is close to how an individual expresses and is central to their perception of a good life, pleasure, and satisfaction. Thereby, consensual sex is a key dimension of an individual's autonomy. If the sex is of positive value to both participants and causes no harm to third parties, then the consent is rendered victimless. In short, consent legitimizes the sex that follows.
Reliance on consent and non-consent as a distinction between sexual assault and willing sex has had its fair share of critiques. Scholars like West (2010) argue that there are circumstances where consent to sex can be rendered illegitimate. Sometimes consensual sex can be unwanted and unwelcome, and it has a lasting impact on the victim. It causes personal harm, particularly to one’s psychological condition, and harms one's autonomy, integrity, and identity. However, the law does not cover this type of sex, and society largely ignores it. West further argues that to protect victims of consensual but undesired sex; we should redefine our understanding of criminal behavior in sex and its impact on the victim.
Many times, consensual sex has some coercion in the background. Consensual sex with no harm to third parties does not imply that it has no negative consequences. Consensual sex may be desired or undesired, and sometimes people consent to sex ...