Can consent really be legislated?

The issue of consent has come up again and again in recent years. Obviously, the "Me Too" movement has a lot to do with it, but the Mazan trial of 2024 was also a shock. Many French feminist organizations have turned their attention to Spain, which has decided to adopt a law that boils down to "only a yes means yes". On the face of it, the idea seems interesting, since it seeks to remove areas of ambiguity on which the defense of aggressors often relies.

However, as Clara Serra explains in this interview, while the proposal is not bad in itself, it raises other issues. Firstly, it is based on a very egalitarian vision of consent, forgetting that we live in societies where there are still a fair number of social inequalities that make the idea of perfect equality between people almost impossible. Then, the law and this vision of consent linked to desire give rise to other problems. In other words, relationships with enthusiastic desire would only be legal. So what about women who have made sex their profession? Are sex workers and actresses in the porn industry "illegal"?

For the Spanish philosopher, there can be consent without a woman's mad desire. This does not systematically lead to rape. Legislation needs to take greater account of a person's will. That's why, for example, there are laws against sexual gestures towards minors. Even though minors may have desire, they are not considered to be able to express their full will regarding the relationship.

Running time: 24min54

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