consent

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rape

A form of sexual assault that consists of unwanted sexual intercourse. It is illegal. If a minor has sex, it's rape because they cannot consent. If two drunk people have sex, whoever started it would be convicted of rape.

sex trafficking

A form of sexual assault that consists of someone being forced or exploited sexually. They could be pimped out to someone, or this could even just be one person exploiting them consistently. If a child is under 18, then any form of sex work they do or exploitation they receive is considered sex trafficking.

sexual assault

Coercing or forcing someone into unwanted sexual contact (examples: blackmail, manipulating, power dynamics, substances of abuse). Examples would be showing someone unwanted sexual material (sending unsolicited nudes, forcing someone to watch sexual videos, etc), rape, sex trafficking, spying on someone when they're changing their clothes, forcing someone to send nudes, forcing someone to touch themselves in a sexual way, kissing someone without consent, touching someone sexually without consent, taking videos of people engaging in sexual behavior, etc.

sexual harassment

Doing or saying something sexual that makes people feel uncomfortable. Examples would be spreading sexual rumours about someone, calling someone sexual names, making sexual jokes, comments or gestures, etc. It's illegal, but someone would not be a sex offender if they sexually harassed someone.

What does legal consent consist of?

Every party involved should be older the age of 18 (at least in California), every party involved should give an overt and unpressured "yes", every party involved should be conscious, every party involved should be sober (not under the influence of drugs or alcohol).

What are instances where someone cannot give consent?

If someone is under the age of 18, if someone isn't sober, if someone is unconscious

What is the analogy between tea and consent?

If someone says yes to tea (like saying yes to consent), they want it. If someone says no, they don't. If someone is unconscious, and hence cannot state whether they want it or not, they don't want it. If someone wanted tea last week, but doesn't want it now, they don't want it. If someone is dressed for a tea party, they don't automatically want tea. It goes on and on, but it's basically comparing tea to sex by saying the only way you know someone wants tea is if they agree (the only way someone wants sex is if they agree).

revenge porn

Leaking someone's nudes, which is illegal (even if both individuals are over the age of 18). In California, the law for revenge porn states that it has to have an intimate body part (e.g. genitalia or breasts) and be intentionally leaked. The law also states that there should have been a mutual agreement to keep that image private, which was violated by the person who leaked the images.

sexting

Sending someone intimate photos of one's body. It's currently illegal for minors to do it, because minors cannot officially give consent to sending or receiving them. However, it's perfectly legal for adults to do it (but revenge porn would also be illegal with adults). If someone sends nudes without consent, or leaks nudes without consent, or pressures someone into sending nudes, it's considered sexual assault.

What is the "Yes Means Yes" law? Why is it important?

The "yes means yes" law states how a clear "yes" has to be given for sex to occur. The reason why this is better than "no means no" is due to how silence still means no. Being unconscious still means no. Nothing that isn't yes means no, so this law explicitly states that a clear and affirmative "yes" has to be given.

affirmative consent

This is when someone is overtly agreeing to doing anything sexual. The required one is a solid "yes," but things like body language also need to be taken into consideration (leaning in to kiss, things like that). Consent can only legally be given if all parties are over the age of 18 (in California, that is), all parties are sober (not under the influence of things like alcohol or drugs), and no one is being pressured into saying yes. Consent should also be given before taking each step (ex: someone can agree to making out, but may not want to do anything further than that).

If a minor is sexually exploited, would that be sex trafficking?

Yes, because a minor cannot give consent.


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