Research has shown that college students largely think that asking for sexual consent — “Do you want to have sex?” — “ruins the mood.” This is partly because it violates their sexual script, the norms and expectations that guide sexual encounters.
If explicit consent violates the sexual script, then students are left trying to discern consent from more subtle and implicit verbal and non-verbal cues. I did a research project to determine how they do this, interviewing 19 college students about their perceptions of sexual consent in popular television programs.
I discovered that students often interpreted the same scenes dramatically differently. For example, I showed them this scene from The Vampire Diaries:
Eleven of my 19 respondents brought up the issue of verbal consent. Five said the verbal interchange in the scene indicated consent; six said it did not. Their contrasting perceptions focused on the male character’s statement, “Let’s get out of here.” The five students who saw the scene as consensual were inclined to classify the declaration, “Let’s get out of here” as the moment where verbal consent is given. For example, Hannah said:
…like I mean he doesn’t outright say “do you wanna have sex” but he says “do you want to get out of here” and she’s like “yes.” That’s like the only one where there’s like an actual yes! [giggling] I mean like a verbal yes.
Hannah said the scene indicated consent because she equated “getting out of here” with sex.
In contrast, Natalie and five others disagreed with Hannah and those who considered the verbal exchange between Tyler and Caroline to be a form of verbal consent:
No, I would say, there was like no talk of consent, really… In the Vampire Diaries one, by him saying like, “let’s get out of here,” there might be an assumption associated with that and then her saying, “Okay,” like could be consent, quote, unquote. But, I don’t really think that qualifies, either.
Natalie believed there was a correct way to obtain verbal consent. When I asked her what would make this scene consensual, Natalie replied, “Basically saying ‘Do you want to, do you want to go through with this?’—something like that.” Obviously, Natalie viewed consent as a different kind of verbal question.
The differences in these responses to The Vampire Diaries scene are striking. While verbal consent is often held up as the gold standard, I found disagreement as to exactly which statements constitute consent. This disagreement sets the stage for serious miscommunication about students’ sexual intentions. Some students interpret a phrase such as “Do you want to leave?” as “Do you want to leave this party and have sex at my house?” while other students believe that only a phrase such as “Do you agree to have sex with me?” communicates sexual consent.
Nona Gronert will graduate from Occidental College this May with a degree in Sociology and Spanish Literary Studies. She aspires to become a professor of Sociology.
Comments 53
Keith — May 3, 2013
I agree that the verbal exchange in no way implied consent. However, and I am not trying to be funny here, each of the subjects did clearly imply consent in their actions, right? He in many ways, and she when she threw the man on the bed and jumped on top of him.
Denise Torres — May 3, 2013
Maybe I'm missing something but :20-:35 was ALL about consent (you said no, you shut me down, what am I supposed to say); thus, when he says unless you make it crystal clear she does not verbally reply but kisses him deeply, followed by the let's get out of here? And, they do. No trepidation, no second givings. The deal was sealed with the kiss she initiated and a direct response to his clarity that he will not act given their history. (NB: I've never seen this show so I may not be clear on backstory but this scene seems clear.) To the larger issue of verbal consent, and (as other postings reflect) I'm not trying to be funny here, teens and adults have sexual scripts that avoid the 'ya wanna do it?' aspect: How you say it can be excruciating (e.g., callousness in 'do it'; over commitment in 'make love'; distancing in 'have sex'; disembodied clinical-ness in 'coitus'; crassness in 'f#@k', etc.). With the exception of a few times where there was clear tension (whether related to status of relationship or a particular act) my experience is that such communication is mostly non-verbal with lots of implied (e.g., head nodding, hand movements, gyrations, etc.) and you don't do the verbal unless the non-verbal is not reaching the other party (i.e., there is a lack of clarity). This is NOT to say that consent/rape is not a real or pressing issue, or that this research is not necessary--it is to recognize that communication is inherently physical, visual, verbal and contextual.
SuedeHat — May 3, 2013
It seems to come down between people who think one of the parties has to obtain consent versus one of the parties having the responsibility to curtail the action if they don't consent.
I don't really ever recall being asked these consent questions, but have always also felt comfortable stopping and expressing that verbally or nonverbally - IE: moving someone's hand when they're getting too handsy. As long as both parties are aware of the cues that communicate "nope," I think that asking for permission is extraneous.
To be totally honest, I do think scripted-sounding asking is a mood-ruiner, which explains why it's parodied in comedy sketches (last week's New Girl episode, for example.) But the person receiving/hearing the "okay, that's enough and I want to stop" message has a responsibility to listen and be cool with it.
Eneya — May 3, 2013
I have always wondered... what is the harm that woud come from "do you want to do this?" How much could it "ruin the moment"? If the answer is "yes" they will proceed very, very quickly and if the answer is "no"... obviously things were not there in the first place.
Damn.
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Jacquelyn Imperato — May 3, 2013
There was a recent episode of New Girl that made fun of verbal consent and made it look very uncomfortable & unsexy. I did not appreciate this. It's a very important issue and it can be hard to get people to see that it's possible for consent to be sexy. I hate that the show portrayed it like that. It was like a slap in the face to feminists who have been working hard on this issue. Hearing the question "do you want to have sex?" could be incredibly exciting and a turn on and the writers not only passed up the opportunity to show that, they went with the lazy stereotype that's really regressive. Yes, it can be awkward, but it doesn't have to be. Making sure you have consent is important enough to work find a way that's both sexy and clear- or at least clear, and then you can get to the sexy.
JonCarter — May 3, 2013
Add booze to the mix and things get even more confused.
Tusconian — May 3, 2013
I think people often take the "get consent" thing to it's logical extreme when they complain about it. No one is expecting anyone to stiffly (LOL) say "would you consent to me putting my penis inside of your vagina and proceed to have vaginal intercourse with you" then pull out a legally worded waiver that everyone's lawyers have to read over and sign. "Wanna bang?" Was that so hard? There are dozens of inoffensive ways to ask someone for consent that either don't kill the mood or are so brief it shouldn't even matter.
As for the line in the show....my issue isn't whether it implies consent, but that it implies consent relatively far in advance, and could be easily understood differently by someone less tuned to implied social contacts. Saying yes to that means "I consent to leave with you, with the implication SOMETHING will happen." Something being anything from sex to a long meaningful conversation. And since it takes some amount of time to get from "here" to "naked in bed at my place," I'd assume some conversation takes place, so why not something that makes the intentions more clear?
Alyssa Rodriquez — May 3, 2013
This brings up an interesting point about verbal consent being the gold standard. Not only is there still ambiguity (eg: does 'let's get out of here' count or does it have to be 'let's get out of here ant have sex') but there is also a problem of sustained consent. If both parties agree to have sex but one person changes his/her mind once the clothes come off, the partner does not have the right to sex because of the prior consent. I do think verbal communication is a good thing (especially in the beginning of a relationship where the two may not be able to read each other as easily), but it seems that we need to rely, at least in part, on non-verbal cues as a constant 'do you want to have sex... do you still want to have sex' is unrealistic.
... hope this very specific point is clear. Sorry if it is not.
Brutus — May 3, 2013
I'm thinking that "I'm not going to go back there again unless you make it crystal clear that..." interrupted by a kiss is sufficient verbal consent to view the depicted nonverbal communication as explicit consent.
ChuckieJesus — May 4, 2013
I think what makes people really nervous about verbal consent vis a vis sex is a couple of things:
1.) Oh god, what if I'm not smooth? This has the potential to embarrass me.
2.) They could say no if I ask.
To a normal human being who wants happy sex times with his or her partners, the idea of being said "no" to is a bummer. Bummers during sexytimes is double-bummer.
To a rapist, to give the opportunity to say "no"? Well, they weren't looking for your consent, anyway.
mimimur — May 4, 2013
The problem with using this scene as an excercise is that it becomes a blanket consent. In my opinion it is a bit early as ask consent for sex just after the first kiss no matter the circumstances, and as others have pointed out, it's not as if they're teleporting from the party to his bed. So even disregarding allother issues here, if that is the moment to consent, she is basically expected to agree to everyhing from that moment on and both are dropping their responsbility to find out of the other is still on board.
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NikkiMic — May 6, 2013
I am really concerned by the number of respondents equating "let's get out of here" with consent for sex. "Let's get out of here" is definitely an invitation for the *possibility* of sex, sure. It is saying that you are opening the door to the idea of sex. It is saying, hey, I'm thinking I might want to have sex with you; and then, if the other person agrees to leave together, they're saying "yeah, I'm also considering the idea of having sex with you!" But it's not consent, on either party, not yet. For one thing, many things could happen on the way home that would make either person change their mind. Maybe they're interested in kissing, cuddling, some messing around, but only going to a certain point. Maybe they have no idea. The point is that consent can be introduced or revoked any number of times between "let's get out of here" and "we are lying naked together and our genitals are touching."
Jane — May 7, 2013
I read the entire article and finally got the video to load and was surprised. The consent seemed clear in this case. No, I do not think "let's get out of here" = sex in all cases, but in this case they discuss their relationship, share a deep kiss, have a long moment of eye contact and then the question he asks seems clear. The main part of it is this: These are two people who know each other well. They are capable of exchanging a look and understanding what the other is thinking. None of this would apply to random hook-ups or people who do not know each other well.
As to the further discussion of consent to what exactly, or what things they'll do, or that it's the possibility of sex but could be revoked, all of that is decisions and discussions that happen later. They make out immediately upon getting back--they agree on what's happening and that's clear without verbal exchange. They leap on the bed and are immediately sexually compatible without discussion--well, it's TV. Also, and I don't watch the show so I don't know this, but aren't they vampires who have perhaps known each other a VERY long time? Even without that, people who previously were in a relationship know what's happening. They understand nonverbal signals, they understand what the other person likes, and they can most likely understand from a soulful kiss and a long look what the other person wants.
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amylaurita — May 21, 2013
I was incredibly disturbed by the implication that the guy broke up with the gal in the first place because she wouldn't have sex with him. As he says, "you said no - you shut me down," and now he's dating other women. In other words, he's telling her that unless we have sex, you're not worth dating. This plays right into the paradigm that women are worthwhile only for their bodies - and apparently the woman believes it, because she decides to have sex with him to get him back.
Also, a quick thought about the unseen woman that he brought with him on the date - did he just ditch her? Is she stuck wandering around a bar wondering where her date went and if he's okay? Or if SHE did something wrong?
Frankly, this guy isn't worth any woman's time of day - something I realize at the age of 40, but certainly wasn't aware of when I was the age of the girls in this show.