Consent In Sexual Law, By Yolanda Estes

Consent is known as the permission, or approval of a certain action. A current debate in today’s society is about consent during sexual relations. This is a very controversial subject due to the fact that there are so many different scenarios that come into play when you are talking about consent between parties. When discussing consent, there are many different topics that come into play depending on who you are talking to. In my opinion, one of the most important things that come into play when discussing this topic is respecting who you are with. Wertheimer has different views depending on type of consent that is being discussed. He believes that the idea that “no means no” is very understood by most people, but the problem is that there

In her article, she focuses much more on the fact that consent should always have consent, concern, and desire from all and any parties involved in the sexual relations. According to Estes, a majority of sexual relations that people choose to have are not morally wrong, if they contain a few basic things. One of these ideas is that all persons involved need to consent to the acts that are occurring. This is identical to what Wertheimer discussed in his article, it is always necessary for both parties to be willing and able to consent. Another idea that Estes discussed is that there needs to be reciprocal concern between all parties. This means that if you were with someone and both of you wanted to have sex, but one of you had homework, or prior arrangements with other people, then you would understand that those other arrangements were more important than the sex. By having concern during sexual relations, it is known between parties that there are other factors that occur in life that pose to be more important. Lastly, Estes discusses that all parties must have a mutual desire for the relations. This is a big factor because if one party desires the sex more, then one person will always end up disappointed. One example that Estes has in her article is that during Sadomasochism relationships, it is imperative that both parties agree upon the relationship. A miscommunication is this type of

One of the cases described earlier was about a women who was seemingly forced into consent. This was because the man gave her the choice to have sex with him, or he would kill her. This was forced consent in that for most people death would make them worse off than unwanted sex. This is a great example by Wertheimer about how someone can agree to consent, but it is not acceptable ethically. The threat that the man gives the women is not even debatable over whether or not it is ethical. It simply is wrong of him to force her into something that she otherwise would most likely not have agreed