Right to Equality is pleased to share that Dr Charlotte Proudman, our founder, spoke alongside Stephanie Hayward at Jesus College Cambridge Intellectual Forum on affirmative consent and the law.
In this event at the Intellectual Forum, both barristers delved into the current deficiencies within the Sexual Offences Act 2003 and considered what a legal shift to affirmative consent might mean for survivors of sexual assault. Low conviction rates for rape have resulted in a society where rape has become almost decriminalised. Less than 2% of reported rapes result in a charge. The law in the UK, which is 20 years old, is lagging behind other jurisdictions. Misunderstandings of rape and consent are pervasive.
Affirmative consent is an active, voluntary, informed, and mutual decision to engage in sexual activity. Consent can be given through clear words or actions through which a person has indicated permission to engage in sexual activity. Affirmative Consent should be clear and enthusiastic, rather than simply the absence of a “no”. Affirmative consent can be withdrawn at any time and cannot be obtained by expressed or implied force, threats, or coercion.
The Law in England and Wales is currently consent-based, but it is not ‘affirmative consent’ based. Furthermore, the family court has no definition of rape or consent. Clear standards help debunk myths.
Other Countries Rely on Affirmative Consent Laws…Why Don’t We? Right to Equality commissioned Oxford University to research the law of “consent” in other countries, in particular the affirmative consent model. Read the report here! Internationally, jurisdictions like Sweden, Australia, Spain, Canada, and parts of the United States have adopted affirmative consent models, which establish clear, proactive standards, ensuring that all parties must actively agree to sexual activity.
We believe a clear “yes” to sex should be the legal standard for consent in England and Wales too.
In March, in partnership with creative agency Forsman & Bodenfors (formerly CPB London) and actress Emily Atack, we launched a campaign to enshrine affirmative consent in law. Learn more about the campaign here!
About the Speakers
Stephanie Hayward was called to the Bar in 2011 and has since built an impressive repertoire prosecuting and defending a range of criminal offences, including serious violence, rape, and serious sexual offences (‘RASSO’), and fraud. She’s the leader of Behind the Gown, an organisation pushing for equality at the Bar with the mission to lead an inclusive culture in which diversity thrives. To commemorate the centenary of women in law, she wrote, produced and presented the film “Retaining Women at the Bar. 1919 – 2019: is the past inhabiting the present?”
Check out Stephanie’s presentation here: Does ‘No’ mean no?
Dr Charlotte Proudman is the founder of Right to Equality and an award-winning barrister, Cambridge academic and campaigner fighting for women’s rights in and out of court. Charlotte represents survivors of rape, domestic abuse and coercive and controlling behaviour in court, and she uses her knowledge and experience of the justice system to advocate for legal change to ensure protection and support for victims and survivors. For over a decade, Charlotte has fearlessly promoted gender equality under the law, successfully spearheading campaigns to change the law for women.
Check out Dr Proudman’s presentation here: Affirmative Consent Presentation