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Would You Sign A Sexual Consent Form Before Sex?

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What is a Sexual Consent form?

Sexual consent form has started being popular among the youth in the west. Though the trend hasn’t really come to India, but the kind of attention it has got from the young generation in the West cannot be ignored.

So, what are these consent forms and why have they gained so much popularity?

Sexual consent forms are introduced as a solution to the problem of identifying consent before sexual intimacy with a person. It is laid as a prevention instrument for rape and sexual assault and also, protection from false accusation of the same.

Both the parties sign the form declaring that they have given the consent to have sexual intercourse with the mentioned person and that the consent hasn’t been coerced. Once, the consent form is signed the persons involved can go on with their moment with an explicit consent.

Also read: Instances Of Sexual Abuse Of Men In India Which The Social Media Chose To Ignore

Where did all this start from?

The sexual consent forms are catered to protect the celebrities, who often have people thrown upon them for sex, from false accusations to malice their repute.

Dr. Ava Cadell, a sexologist, drafted the sexual consent form along with her lawyer husband which gained an instant popularity during the Koby Bryant case. She says that the forms are designed not only to protect celebrities and businessmen but anyone who can be accused of sexual misconduct.

In the United States, Alison Berke, founder of The Affirmation Group which distributed ‘sexual consent kits’ among Universities which included a condom, pen, breath mints and a sexual consent form. She says that the purpose of such contract is to start a conversation about consent and she doesn’t expect people to use it as a legal document.

Even some software applications have been developed for the same purpose, where people can just register the consent through their mobile phones.

Criticisms for the consent form

The forms have, however, been highly criticized mainly because they remove the need to humanize the implicit consent among the youth through interaction.They are a quick solution to the problem of lack of sexual education which will actually result in more problems than the solution itself.

The young adults need to be taught to be intimate in the correct way. It cannot be done through awkwardly laying down some contract during intimacy. The question of when to stop after providing the consent is always there. The people actually become bound to have sexual intimacy even if they don’t feel like having it after signing the forms.

Sexual consent form in India? No.

The fact is that the sexual consent forms have come into existence for the wrong reasons and might lay down some preposterous precedents due to some facetious promotions. India, however, seems to be farfetched from the idea.

There might be questions as to the legality of such documents in the Indian context. Indian courts might be vary of such documents considering that even the prenuptial agreements haven’t attained such validity. In my opinion, it is better to stay away from the complexities of sexual consent forms in India for now.

(Image credits: simplemost.com)


You may also read:

http://edtimes.in/2017/07/sexual-harassment-workplace-act-legislation/

http://edtimes.in/2017/06/your-partners-possessiveness-might-be-intimate-partner-violence/

Karanveer Singh
Karanveer Singh
The author is a law student, a musician, a songwriter and a poet based in New Delhi, India. He is avid in law, politics, society & philosophy and can be seen writing on the same.

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