‘Affirmative consent’, Jesus College Cambridge

On December 3, 2024, Stephanie Hayward and Dr Charlotte Proudman spoke on the advantages of an affirmative consent model in criminal and family law at Jesus College Cambridge.

The force of affirmative consent lies in its ability to limit a defendant relying on myths and stereotypes at trial to establish a belief in consent (the mens rea of rape).

Affirmative consent requires communication by words or conduct to convey consent. If a woman does not say ‘no’ — she does not say ‘yes’. Too often, passivity is equated with consent, and the underlying meaning of ‘consent’ - implying the ‘initiator’ and ‘receiver; ‘doer’ and ‘done-to’ - drives this myth.

Under an affirmative consent model, defendants must ground a belief in consent in words or behaviour which communicate consent. Without this, belief in consent is harder to establish.

Affirmative consent aims to achieve a move towards more ‘communicative’ sexuality.

For further research, and links to Charlotte and Stephanie’s PowerPoint presentations, click here