The Affirmative “Yes”. Sexual Offense Based on Consent
The collective rape case that occurred in Spain during a 2016 famous festival placed the trial against its five aggressors on an unprecedented media and social scale in Spain. The court that ruled for sexual abuse and not for rape sparked a huge and prompt social rejection of the current legislatio...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Hipatia Press
2019-02-01
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| Series: | Masculinities and Social Change |
| Subjects: | |
| Online Access: | https://hipatiapress.com/hpjournals/index.php/mcs/article/view/3779 |
| _version_ | 1818545936635265024 |
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| author | Ana Vidu Afloarei Gema Tomás Martínez |
| author_facet | Ana Vidu Afloarei Gema Tomás Martínez |
| author_sort | Ana Vidu Afloarei |
| collection | DOAJ |
| description |
The collective rape case that occurred in Spain during a 2016 famous festival placed the trial against its five aggressors on an unprecedented media and social scale in Spain. The court that ruled for sexual abuse and not for rape sparked a huge and prompt social rejection of the current legislation. To overcome revictimization and give voice to survivors, the consideration of consent has been raised. This new paradigm has deeply spread in society and social networks to the point that the Spanish government has expressed its interest in modifying the Criminal Code to base sexual crimes on consent. In our duty to provide scientific knowledge for this issue, this article frames the debate on sexual harassment and focuses on the crime against sexual freedom and the context under which consent can neither be asked for nor conceived. This article analyzes the aggravating crime factors while basing consent on the intention of the offender. Starting from international approaches, this article emphasizes the current social opportunity needed to create awareness and transform laws with the aim of legislating on affirmative “yes”. This approach contributes to the challenge of overcoming gender violence and to the study of masculinities and their influence on social transformation.
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| first_indexed | 2024-12-12T07:46:29Z |
| format | Article |
| id | doaj.art-1b793c6db91541ab933d89d608f1a9c6 |
| institution | Directory Open Access Journal |
| issn | 2014-3605 |
| language | English |
| last_indexed | 2024-12-12T07:46:29Z |
| publishDate | 2019-02-01 |
| publisher | Hipatia Press |
| record_format | Article |
| series | Masculinities and Social Change |
| spelling | doaj.art-1b793c6db91541ab933d89d608f1a9c62022-12-22T00:32:35ZengHipatia PressMasculinities and Social Change2014-36052019-02-018110.17583/mcs.2019.3779The Affirmative “Yes”. Sexual Offense Based on ConsentAna Vidu Afloarei0Gema Tomás Martínez1University of DeustoUniversity of Deusto The collective rape case that occurred in Spain during a 2016 famous festival placed the trial against its five aggressors on an unprecedented media and social scale in Spain. The court that ruled for sexual abuse and not for rape sparked a huge and prompt social rejection of the current legislation. To overcome revictimization and give voice to survivors, the consideration of consent has been raised. This new paradigm has deeply spread in society and social networks to the point that the Spanish government has expressed its interest in modifying the Criminal Code to base sexual crimes on consent. In our duty to provide scientific knowledge for this issue, this article frames the debate on sexual harassment and focuses on the crime against sexual freedom and the context under which consent can neither be asked for nor conceived. This article analyzes the aggravating crime factors while basing consent on the intention of the offender. Starting from international approaches, this article emphasizes the current social opportunity needed to create awareness and transform laws with the aim of legislating on affirmative “yes”. This approach contributes to the challenge of overcoming gender violence and to the study of masculinities and their influence on social transformation. https://hipatiapress.com/hpjournals/index.php/mcs/article/view/3779sexual consentsexual harassmentaffirmative consentsocial mobilization |
| spellingShingle | Ana Vidu Afloarei Gema Tomás Martínez The Affirmative “Yes”. Sexual Offense Based on Consent Masculinities and Social Change sexual consent sexual harassment affirmative consent social mobilization |
| title | The Affirmative “Yes”. Sexual Offense Based on Consent |
| title_full | The Affirmative “Yes”. Sexual Offense Based on Consent |
| title_fullStr | The Affirmative “Yes”. Sexual Offense Based on Consent |
| title_full_unstemmed | The Affirmative “Yes”. Sexual Offense Based on Consent |
| title_short | The Affirmative “Yes”. Sexual Offense Based on Consent |
| title_sort | affirmative yes sexual offense based on consent |
| topic | sexual consent sexual harassment affirmative consent social mobilization |
| url | https://hipatiapress.com/hpjournals/index.php/mcs/article/view/3779 |
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