The Affirmative “Yes”. Sexual Offense Based on Consent

IF 0.7 Q3 SOCIOLOGY

MCS-Masculinities and Social Change Pub Date : 2019-02-21 DOI:10.17583/MCS.2019.3779

Ana Vidu Afloarei, Gema Tomás Martínez

{"title":"The Affirmative “Yes”. Sexual Offense Based on Consent","authors":"Ana Vidu Afloarei, Gema Tomás Martínez","doi":"10.17583/MCS.2019.3779","DOIUrl":null,"url":null,"abstract":"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.","PeriodicalId":43328,"journal":{"name":"MCS-Masculinities and Social Change","volume":null,"pages":null},"PeriodicalIF":0.7000,"publicationDate":"2019-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"16","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"MCS-Masculinities and Social Change","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17583/MCS.2019.3779","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"SOCIOLOGY","Score":null,"Total":0}

引用次数: 16

Abstract

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.

查看原文本刊更多论文

肯定的“是”。基于同意的性犯罪

西班牙在2016年一个著名节日期间发生的集体强奸案，使对五名施暴者的审判在西班牙达到了前所未有的媒体和社会规模。该法院对性虐待而非强奸作出裁决，引发了社会对现行立法的强烈反对。为了克服再次受害，让幸存者发声，已经提出了同意的考虑。这种新模式在社会和社交网络中深入传播，以至于西班牙政府表示有兴趣修改刑法，将性犯罪建立在双方同意的基础上。在我们为这个问题提供科学知识的责任中，本文构建了关于性骚扰的辩论，并将重点放在对性自由的犯罪以及既不能要求也不能构想同意的背景下。本文以行为人的故意为基础，分析了同意的加重犯罪因素。本文从国际上的做法出发，强调当前的社会机遇需要创造意识和改造法律，以立法肯定的“是”为目标。这种做法有助于克服性别暴力这一挑战，有助于研究男子气概及其对社会变革的影响。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

求助全文

约1分钟内获得全文求助全文

来源期刊

MCS-Masculinities and Social Change SOCIOLOGY-

CiteScore

1.20

自引率

0.00%

发文量

审稿时长

16 weeks

期刊介绍： The Journal on Masculinities and Social Change (known by its Spanish acronym MCS) is an Open Acces four-monthly Journal of Hipatia Press that publishes research outcomes with significant contributions to masculinities and their influence on social transformations. MCS does not only collect research outcomes from different disciplines and methodological approaches, but also research carried out by interdisciplinar research teams. In this line, disciplinar and intedisciplinar works related to masculinities studies will be welcomed.