Useful Notes Consent Discussion

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08:33:12 AM Oct 17th 2014
@Tdarcos added some content drawing a distinction between "consent" and "permission":

"Also note that 'consent' is not 'permission'. Consent is a much lower standard, it merely means a reasonable belief the person agreed to something. Permission is an explicit agreement. Permission always includes consent, but consent only implies permission.

Now, in that respect you can have consent or permission. If a guy takes a girl into his bedroom, takes off her clothes and gets in bed with her and proceeds to fondle her and go on from there, as long as she's conscious and old enough to be considered able to consent to sex, that's okay. As long as she doesn't say no, it's considered he has consent, even if he has sex with her without asking her first. What the law looks at, if the issue comes up, is whether she could have changed her mind or did do so.

That's why having sex with a drunk girl who passes out is rape (she can't tell you if she changed her mind), but not if you get inside her and she complains and you stop (you had reason to believe she consented, and because she told you she didn't and you stopped immediately, you are considered not to have acted improperly).

However, the sky's the limit if you have permission. If your regular girlfriend tells you you can have sex with her any time you want, even if she's asleep or drunk, then she's given you permission, and as long as she gave it freely, means she's not likely to complain you raped her if she wakes up in the middle of something you started while she was asleep. She still has the right to change her mind at any time, however, and you generally have to stop immediately if she does."

I did some Googlage and I was unable to find any reference to such a distinction made anywhere. Most of the sources I could find— legal sources, academic sources, etc.— used the terms more or less interchangeably. A few made the distinction that "consent" can only be granted in regard to oneself, whereas "permission" can be extended on behalf of another person over whom one holds authority or responsibility (e.g. a parent giving permission for a child to go on a field trip).

A few others made the distinction that "consent" implies equality, whereas "permission" implies authority or some other power imbalance, but those were not what I'd consider authoritative or reliable sources.

If the OP can cite and link to some source outside This Very Wiki in which a distinction is made between "consent" and "permission" that supports his addition to this page, please do so.
09:25:25 AM Oct 17th 2014
I have never heard of "consent" being anything less than "yes, I give permission".
06:31:26 PM Feb 8th 2014
Another area of interest is consent in relation to intercourse and AIDS. Currently, in the United Stated, Canada, and many other countries it is possible to be sent to jail for significant periods of time for having intercourse with someone and not telling them you have HIV. HIV does not have to be transmitted for conviction of someone as a sexual offender. One can even be convicted if one uses a condom and has a viral load of zero. The idea is that consent cannot be given if you don't know all the risks. Fair enough, but what I wonder is, who doesn't know their are risks associated with intercourse? Who doesn't know that HIV is transmitted by intercourse?
01:17:38 AM Feb 9th 2014
Many people don't know how AIDS works.

Also, technically speaking, you should apply Take It to the Forums to this discussion.
08:32:46 PM Jan 1st 2014
Who is the 'we' this article keeps referring to?
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