Consent is an essential aspect of any relationship that involves physical contact. It is a clear and unambiguous agreement between two individuals to engage in specific activities together, and it must be obtained before any such activity occurs. Without explicit consent, there can be no genuine intimacy or connection between partners. In this article, I will explore three different frameworks for obtaining consent:
1. Informed Consent Framework
2. Negotiated Consent Framework
3. Active Consent Framework
Each framework has its strengths and weaknesses, but each also offers opportunities for ensuring ethical clarity, mutual autonomy, and relational integrity in romantic or sexual relationships. Let's examine them in detail.
Informed Consent Framework
The informed consent framework assumes that both parties involved have full knowledge of what they are agreeing to do and understand all relevant risks and potential consequences. This framework requires transparency, honesty, and communication about boundaries, preferences, limits, and desires. The parties should discuss their intentions openly and honestly, so that neither party feels pressured or coerced into doing something they may regret later.
This framework can be problematic because some people may find it difficult to articulate their needs or desires clearly or feel comfortable communicating openly with others.
The information provided might not always cover all possible outcomes, leaving room for misunderstandings or disagreements down the line.
Negotiated Consent Framework
The negotiated consent framework emphasizes negotiation and bargaining between partners. Partners should communicate directly and honestly about their wants, needs, and expectations before engaging in any physical contact. They should express their desires and seek agreement on activities, positions, and duration. This framework allows for flexibility and adaptability, as both partners can adjust their plans based on changing circumstances or new insights. It also encourages creativity and exploration without losing sight of respect and consideration. Nevertheless, it may require more time than other frameworks and could result in delays or frustration if one partner is unwilling to compromise or change their mind.
Active Consent Framework
The active consent framework involves continuous verbal and nonverbal communication throughout the interaction. Both partners must verbally confirm each step of intimacy as it occurs.
"I want to kiss you," "You are welcome to touch me here," "I would like to do X." This framework requires a high level of self-awareness, emotional intelligence, and empathy from both parties, but it ensures that both parties have agency over the encounter. Active consent allows for spontaneity while maintaining safety, trust, and respect for boundaries.
It can be challenging to practice during fast-paced encounters or when drunk or under the influence.
There is no perfect framework for obtaining consent, but all three have merits and drawbacks. The informed consent framework offers transparency and openness but may require more effort and skillful communication. The negotiated consent framework allows for flexibility and adaptation but may delay progress or lead to disagreements. The active consent framework emphasizes collaboration and autonomy but requires attentiveness and awareness throughout the encounter.
The best approach depends on individual preferences and contextual factors such as relationship history, personality, and situational dynamics.
Which frameworks of consent are most effective in ensuring ethical clarity, mutual autonomy, and relational integrity?
Several frameworks have been developed over time to ensure ethical clarity, mutual autonomy, and relational integrity in research involving human subjects. The most commonly used framework is the Belmont Report (1978), which outlines three core principles: respect for persons, beneficence, and justice.