Voluntary informed consent in a sexual relationship refers to the agreement between two parties to engage in sexual activity. Without distinct consent, any sexual intercourse is considered rape. This agreement extends to such rules as consenting to each time of sexual activity and a specific kind of sexual intercourse. Voluntary consent becomes an ethical issue in cases when a person is deprived of full control and body autonomy and is subject to sexual assault.
The concept of voluntary informed consent consists of several elements. Firstly, a person who has decided to engage in sexual intercourse has reached a certain age and understands the consequences of their actions. Secondly, an individual makes a choice willingly and not under pressure from a partner. Thirdly, a person is not under the influence of any substances. Consent implies that the person who gave it can change their mind if they do not like something or feel uncomfortable; that is, a person has the full right to stop an activity at any time. The responsibility of the person who initiates sexual activity is to make sure that the partner wants to participate in an activity. One of the most evident signs that consent is not given is silence.
A mandatory criterion that determines consent to sex is the full willingness of the person to engage in sexual activity. In this situation, a person must be provided with full freedom of choice and the ability to comprehend the situation. An individual must also have the full ability to withdraw consent at any time and stop any sexual activity, regardless of the stage of the sexual activity.
A choice in a situation where a person consents to sex means that a person will not be punished or will not face negative consequences in case of refusal. Moreover, it must be noted that consent to sex is given for each particular form of sexual activity and does not automatically apply to all other types of sexual activity. For example, if a person gave consent to vaginal penetration, it does not involve consent to anal penetration.
The ability to consent to sex also means that a person has the physical and mental abilities to consent to sex at the moment. The ability to give consent is limited if a person is asleep, unconscious, or under the influence of alcohol or drugs. Moreover, a person cannot participate in sexual intercourse in case of a disease or disorder that restricts the ability to give or express consent to sex. Various mental disorders and learning skills difficulties can also impede the ability of a person to consent.
Voluntary informed consent in a sexual relationship indicates ethical conduct, whereas the absence of consent indicates the opposite. Every person has the fundamental right to have autonomy and full control of their body. In cases when this autonomy is disregarded, a person is subject to sexual assault, be it in marriage or any other relationship. Sexual assault not only breaks the law but violates social norms, exposing an individual to both mental and physical damage.
Moreover, deception destroys the possibility of voluntary informed consent. In cases when a person willingly distorts any information or perceptions, they subject their partner to a false interpretation of the situation. One of the many examples of deceptions to induce sex includes deceptions about health and STDs. Other examples may include lies about one’s position or gender. Any withholding of vital information or voluntary deception in order to reach the agreement of the partner is morally wrong.
Hence, voluntary informed consent must involve agreements of both parties to engage in each sexual activity. The concept of consent includes several points: absence of coercion, physical and mental capabilities, and the age of the partner. Sexual assault, which is the result of sexual intercourse without consent, is a morally wrong and unlawful act. Voluntary deception of the partner to induce sex might also be considered a sexual assault since the partner could not get trustworthy information to give voluntary informed consent.