Why we need to review consent in the context of sexual violence?

Abstract

Abstract. Sexual violence is widespread and systemic worldwide^**. At a legal level this issue still remains trivialised and largely neglected from the regulatory agenda. The increasing amount of protests and public debates following particular cases on issues related to consent in the context of sexual violence demonstrate the urgent need to redefine what constitutes sexual consent in the legal context. This term that entails a gender-based sexual violence con­notations still lacks from clarity from the perspective of a collective understanding. As a perva­sive issue it still requires fit for purpose regulations and to keep pace with times.

In the legal scene legislators have been historically biased by cultural imposed stereotypes and social norms that have limited a natural progress in the way consent is understood and inter­preted. The need to address this legal debate at a national is justified by an increasing progress made in other jurisdictions (significant progress in European jurisdictions) in the definition of sexual consent in law. In order to address the issue the question that’s worth formulating is if the current regulatory framework for sexual consent law is appropriate from a legal standpoint.

Keywords: consent, sexual violence, gender-based violence.