What is consent?

July 29, 2021

TW: This blog talks about topics such as sexual assault and harassment. Please consider this warning before reading.

Consent is a topic we hear about quite a bit, but many are unsure of what it actually means. According to a study done by the Canadian Women’s Foundation, only 28% of Canadians fully understand consent[i]. This incredibly low statistic shows that we need more education and a greater understanding of consent. With more and more people coming forward talking about their stories of sexual assault and harassment, including celebrities like Lady Gaga, Keisha, Reese Witherspoon, Jennifer Lawrence (just to name a few), it is important that we know our rights when it comes to sexual activity.

With that being said, what is the definition of consent? In Canada, consent is defined as: “the voluntary agreement to engage in the sexual activity in question”[ii]. Sexual activity refers to sexual grabbing, kissing, fondling and sex of any kind (oral, anal, vaginal). The law focuses on what the person was thinking and feeling at the time of the sexual encounter. Consent requires an enthusiastic yes through words or body language. It requires the person to be of the age of consent, but we will get into that later.

In the Canadian Criminal Code, it lists situations where consent cannot be recognized. Say you want to engage in sexual activity with another person, but they say “I’m not sure” or “I’m really not into that” or they push you away. There is no consent because the person has expressed either verbally or physically they don’t want to consent. Maybe you are already engaging in some form of sexual activity, and they say they aren’t interested or don’t want to continue. Again, their decision to not want to engage in that activity needs to be respected, as they can say no if they don’t want the activity to continue. If a person is unconscious, they cannot give consent with words or body language. They also cannot consent in advance, which means they cannot agree for another person to be sexually active with them when they are asleep.

Another situation where consent cannot be justified is when someone uses a position of authority or trust to convince someone to engage in sexual activity. We have seen examples of this happening in the music industry, with stories like Lady Gaga being told that she was told to either engage in sexual activity with the producer, or she would have her music produced. That is a clear example of using a position of power to assault another person. It is also important to note that only the person engaging in sexual activity can consent. No one else can consent for them or say they want to engage in the activity for consent to be valid.

There is also outlines for situations when someone thought another person had consented or they weren’t sure if they consented. If they are intoxicated and initiate sexual activity, they cannot use that as an excuse that they didn’t understand. If they chose to ignore body language, and didn’t take the time to ensure consent was involved, that is also not an excuse.

In Canada, the legal age of consent is 16 years old. There are, however, close in age exceptions for those under the age of 16. Anyone age 14-15 can consent if their partner is less than 5 years older. If they are 12-13 they can also consent if the age difference is less than 2 years. No one under 12 can consent to sexual activity. Consent cannot be given by anyone under the age of 18 if the person is in authority over them, or if the activity will exploit that person, like being involved in porn, prostitution and the like.

It is clear that consent is an extremely complicated topic, but from what we know of the law, it boils down to this: respect. Respecting each other’s bodies, autonomy and decisions. If you aren’t sure, ask. Check in with the other person. Talk about what you are experiencing. Everyone deserves to be treated with respect.

[i] https://canadianwomen.org/survey-finds-drop-in-canadians-understanding-of-consent/

[ii] https://www.leaf.ca/news/the-law-of-consent-in-sexual-assault/

 The Social Dilemma: A Review

June 16, 2021

We, as humans, have a biological need for connection with others. We need approval in our social settings in order to survive, fit in and belong. This has been amplified through the use of social media, where we are attempting to connect with thousands of other people. The documentary on Netflix The Social Dilemma tackles the ethics of social media use and urges watchers to consider the impact that social media companies have had on ourselves as individuals, and on our culture as a whole.

The film takes interview the interview style approach, while also adding in the impact social media use has on a fictional family. This style allows viewers who are more analytical and viewers that are more creative to relate to the content. By interviewing former CEOs of major social media networking sites and showing a creative look at the algorithms in place, we can see not only the behind the scenes of what is happening with companies such as Google, Pinterest, and Facebook, we can see how it can hypothetically (or not so hypothetically) effect developing minds.

Throughout the documentary, the term “persuasion psychology” pops up. Where social media uses tools like the like button, pop ups, an endless scroll feed of information to keep users engaged. The technology platform profits on the time and attention of humans, which is referred to as the “attention extraction economy”. The more engagement, the more advertising dollars come into these companies. The professionals interviewed argue that social media can have its positives, but the technology and forces behind it can lead to some ethical concerns. Where hate groups can form, fake news can spread rapidly, and information is being suggested to us that could be harmful to our outlook of others. The example of ‘pizzagate’ is mentioned in the film, where there was a rumor that there was an underground sex trafficking ring located in pizza businesses. There were Facebook groups created about this phenomenon and the algorithm began suggesting these groups to others. Spreading misinformation and causing radicals to attack places of business in the hopes of exposing what was supposedly going on behind the scenes. This is just one example in the film of how the algorithm can suggest information and cause serious issues.

The main people interviewed in the documentary are calling for a humane use of technology, where there is more accountability for the issues at play, and that we truly recognize the effects that social media use can have on our mental health, and our lives as a whole. Many of them urged viewers to turn off their notifications, follow accounts that have different views than yourself, and truly consider the type of content you are posting in the social media world.

Overall, this film reveals the scope of the problems that social media has created, and hopes that we, as a society, can recognize the harmful effects that social media can have on our world. That with information comes individuals making choices to limit their use of media as well as consider how what they are consuming is effecting their lives. This is an incredibly interesting and thought provoking film that anyone with a social media account should take the time to watch.