Consentement sexuel et soumission psychique : dialogue entre droit et psychanalyse

Abstract

Context

This article examines the tensions between legal and psychological consent in sexual relationships, particularly in BDSM contexts, where formalization and coercive control intertwine.

Objectives

Through an interdisciplinary analysis of law and psychology, it explores the gray areas of consent, influenced by desire and unconscious dynamics.

Method

We present a clinical case derived from a psychological forensic expertise mission to examine the effects of coercive control, dissociation, and techniques such as hypnosis, which alter individuals’ ability to express or revoke consent. A psychoanalytic perspective enriches the understanding of these mechanisms.

Results

The findings reveal contradictions between the formal and psychological notions of consent. For instance, explicit contracts in BDSM, designed to ensure the partners’ safety, can backfire on victims when they obscure the reality of coercive control or impaired judgment. Victim testimonies highlight the impact of early traumas, which foster dynamics of submission and dissociative states exploited by aggressors. The studied cases also show that mental conditioning and psychological manipulation techniques make it impossible to achieve genuinely free and informed consent.

Conclusion

Current legal norms struggle to grasp the subtlety of the psychological processes involved in sexual consent, particularly when influenced by coercive control or dissociation. The article proposes enriching clinical and legal reflection by incorporating unconscious and relational dimensions and recognizing that sexual consent often involves an element of uncertainty and vulnerability.