‘Yes Means Yes’ refers to the affirmative consent campaign surrounding sexual violence adopted by policymakers, activists, and educators. Affirmative consent requires a verbal, consensual, yes before any sexual interaction can begin. Any sexual activity must be voluntary and mutual, and have a conscious and enthusiastic agreement to partake. Furthermore, obtaining consent for each act of sexual activity is critical and consent can be revoked at any time. The idea is that you are supposed to ask first and ask often, employing enthusiastic consent and intertwining consent as an integral part of a sexual encounter (Goldsworthy, 2018). Everyone deserves to have consensual sexual encounters. The following text includes description of sexual assault, refuse of consent, rape, and sexual violence.
Framing & Perspectives
The phrase is an expansion of the ‘No Means No’ movement, meant to clarify the gaps left by silence or ambiguity in sexual relations. “Yes Means Yes” was first popularized through Jaclyn Friedman and Jessica Valenti’s book in 2008. The authors aimed to bring a variety of experiences and perspectives outlining the idea that educating people to value affirmative consent, female sexuality, and pleasure leads to updated considerations of women and thus ending sexual assault (Friedman & Valenti, 2008). The book aimed to equalize sexual encounters by establishing partners as collaborators, not conquests.
Globally 1 in 8 women and girls alive today, and 1 in 11 men and boys, have experienced rape or sexual assault before the age of 18 (UNICEF, 2024). That number grows to 1 in 5 experiencing rape or attempted rape in the United States (Fisher, Daigle, & Cullen, 2010; Smith et al., 2018). LGBTQ+ people experience higher rates of sexual violence compared to their heterosexual counterparts (Cantor et al., 2015). Survivors carry the trauma through their lifetime, with higher risks of sexually transmitted infections, social isolation, mental health issues like depression, anxiety, and more (UNICEF, 2024). The World Health Organization defines Sexual Violence as “any sexual act, attempt to obtain a sexual act, or other act directed against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting” (World Health Organization, n.d.). Consent can be given through words or actions, as long as those are clear to the participants. Lack of resistance or silence does not indicate consent and any intoxication or incapacitation negates the necessities of each person being fully aware, free of coercion, and sincere in their desires (Speak About It, n.d.).Sexual violence does not have to include a weapon or extreme violence, and it is often perpetrated by someone known to the victim (Jozkowski, 2015).
Relevance
Triggered by alarming statistics about sexual violence on university campuses and the #MeToo movement, lawmakers sought to find a solution to the ongoing violence. The first law established in the United States surrounding the phrase “Yes Means Yes” was in California. Intended to give the nation a clear definition of consent, the law seeks to improve university standards on how rape and sexual assault accusations are handled (Chappell, 2014). Specifically stating that consent can not be given if someone is asleep or incapacitated by drugs or alcohol. The California legislation dictates that students must verbally agree to sexual encounters, but also all parties must explicitly say “yes” to each sexual act. Critics say it puts too much burden on the accused (Chappell, 2014) and does not take into account how consent is negotiated in sexual relations.
University campus discourse suggests that victims may be blamed for not doing enough to prevent assault, potentially leading to internalized self-blame and lack of reporting (Jozkowski, 2015). Jozkowski (2013; 2015) found that in sexual encounters men are more likely to use non-verbal cues for communication and interpretation of consent compared to others. They may entirely avoid asking the question of consent to avoid refusal from their partner. Moreover, Yes Means Yes laws do not explicitly discuss the nuances of intersectionality and queer relationships. Critics suggest that campaigns promoting awareness may promote a better understanding of what sexual violence looks like, as the Yes Means Yes campaign is only a partial victory.
Keywords: Bodies, Gender, Sexuality, Gender Equality, Consent, Sexual Relations
Connected terms: Victim Blaming, Sexual Misconduct, Bodily Autonomy, Gender-Based Violence, Incel, “Toxic” Masculinity,Woke, Reproductive Rights
References
Speak About It. (n.d.). Affirmative Consent — Speak About It: Consent Education. Retrieved December 26, 2024, from https://wespeakaboutit.org/affirmative-consent
Cantor, D., Fisher, B., Chibnall, S., Townsend, R., Lee, H., Bruce, C., & Thomas, G. (2015). Report on the AAU campus climate survey on sexual assault and sexual misconduct. Rockville, MD: The Association for American Universities. Retrieved from https://www.aau.edu/uploadedFiles/AAU_Publications/AAU_Reports/Sexual_Assault_Campus_Survey/Report%20on%20the%20AAU%20Campus%20Climate%20Survey%20on%20Sexual%20Assault%20and%20Sexual%20Misconduct.pdf
Chappell, B. (2014, September 29). California Enacts “Yes Means Yes” Law, Defining Sexual Consent : The Two-Way : NPR. https://www.npr.org/sections/thetwo-way/2014/09/29/352482932/california-enacts-yes-means-yes-law-defining-sexual-consent
Fisher, B. S., Daigle, L. E., & Cullen, F. T. (2010). Unsafe in the ivory tower: The sexual victimization of college women. SAGE Publications, Inc., https://doi.org/10.4135/9781483349312
Friedman, J., & Valenti, J. (2008). Yes means yes!: Visions of female sexual power & a world without rape. Seal Press.
Goldsworthy, T. (2018, January 29). Yes means yes: moving to a different model of consent for sexual interactions. https://theconversation.com/yes-means-yes-moving-to-a-different-model-of-consent-for-sexual-interactions-90630
Jozkowski, K. N. (2013). The Influence of Consent on College Students’ Perceptions of the Quality of Sexual Intercourse at Last Event. International Journal of Sexual Health, 25(4), 260–272. https://doi.org/10.1080/19317611.2013.799626
Jozkowski, K. N. (2015). “Yes Means Yes”? Sexual Consent Policy and College Students. Change: The Magazine of Higher Learning, 47(2), 16–23. https://doi.org/10.1080/00091383.2015.1004990
Smith, S. G., Zhang, X., Basile, K. C., Merrick, M. T., Wang, J., Kresnow, M., & Chen, J. (2018). The National Intimate Partner and Sexual Violence Survey: 2015 data brief – updated release. Centers for Disease Control and Prevention.
UNICEF. (2024, October 9). Over 370 million girls and women globally subjected to rape or sexual assault as children – UNICEF. https://www.unicef.org/press-releases/over-370-million-girls-and-women-globally-subjected-rape-or-sexual-assault-children
United Nations. Division For The Advancement Of Women. (2010) Handbook for Legislation on Violence Against Women. New York: United Nations. [Web.] Retrieved from the Library of Congress, https://lccn.loc.gov/2011291924.
World Health Organization. (2024, March 25). Violence against women. https://www.who.int/news-room/fact-sheets/detail/violence-against-women
World Health Organization. (n.d.). Violence Info – Sexual violence – Sexual Violence. Retrieved December 27, 2024, from https://apps.who.int/violence-info/sexual-violence/
Stanford Libraries. (n.d.). Yes means yes! : visions of female sexual power & a world without rape in SearchWorks catalog. Retrieved December 26, 2024, from https://searchworks.stanford.edu/view/7806228
