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Consent: 11th Principle

Consent: 11th Principle

Understanding Consent and When It Is Breached

If you need to report an incident, please use our consent report form: https://docs.google.com/forms/d/e/1FAIpQLSdE5e12qKIQJaVBqPx_KJh8EqnKiZd0_NWJ-N7T5uSrRHMuIw/viewform

What Is Consent?

Consent is an explicit, voluntary, and informed agreement to engage in a specific activity, typically sexual or intimate in nature. It must be:

  • Freely given: Without coercion, pressure, or manipulation.
  • Informed: Based on full, honest information.
  • Reversible: Can be withdrawn at any time.
  • Specific: Applies to a particular activity or situation.
  • Enthusiastic: Actively communicated without reluctance.

Consent must be given by a person who has the capacity to make decisions and is not impaired by substances, fear, or deception.

For consent to be valid:

  • It must be explicit: A clear verbal or non-verbal affirmative action showing willingness.
  • It must be voluntary: Free from external pressures or coercive circumstances.
  • It must be informed: The individual must know the full nature of what they are agreeing to. Misleading someone about critical factors undermines the validity of consent.

Deception compromises consent when a person is deliberately misled about:

  • The nature of the act (e.g., impersonation or misrepresentation).
  • Important personal circumstances, such as relationship status, sexual health, or intentions.

In many jurisdictions, lying about material facts like marital status or identity, to gain sexual access, may invalidate consent. Such situations exploit the trust and free will of the deceived individual, breaching their autonomy.

The Istanbul Convention, formally known as the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, provides an international legal framework emphasizing consent:

  • Article 36 states that all non-consensual acts of a sexual nature must be criminalized.
  • Consent must be freely given, and any act obtained without it qualifies as sexual violence or rape.

Greece and the Istanbul Convention

Greece ratified the Istanbul Convention in 2018 and has incorporated its principles into its national legal framework. Under Greek law, consent must be freely given, aligning with the convention’s emphasis:

  • Article 336 of the Greek Penal Code criminalizes sexual acts committed without consent, even when coercion or force is not present.

Consent is breached in situations involving:

  • Coercion or Force: Physical, emotional, or psychological pressure.
  • Impairment: The person cannot make informed choices due to intoxication or unconsciousness.
  • Deception: Lies about critical factors influencing the decision.
  • Withdrawal: Continued actions after consent has been withdrawn.