However, as a result of the GDPR enforcement (in 2018) and other legal obligations, data controllers (online service providers) have widely developed consent-obtaining mechanisms in recent years.
As a term of jurisprudence prior provision of consent signifies a possible defence (an excuse or justification) against civil or criminal liability.
Defendants who use this defense are arguing that they should not be held liable for a tort or a crime, since the actions in question took place with the plaintiff or "victim's" prior consent and permission.
[20] Social scientists are generally required to obtain informed consent from research participants before asking interview questions or conducting an experiment.
In Canada, "consent means [...] the voluntary agreement of the complainant to engage in sexual activity" without abuse or exploitation of "trust, power or authority", coercion or threats.
[24][better source needed] The Supreme Court of British Columbia ruled that badgering alone, followed by an agreement, does not meet the threshold of coercion to vitiate consent.
Creative campaigns with attention-grabbing slogans and images that market consent can be effective tools to raise awareness of campus sexual assault and related issues.
Specifically, the development of "yes means yes" and affirmative models, such as Hall's definition: "the voluntary approval of what is done or proposed by another; permission; agreement in opinion or sentiment.
"[24] Hickman and Muehlenhard state that consent should be "free verbal or nonverbal communication of a feeling of willingness' to engage in sexual activity.
Likewise, persons with Alzheimer's disease or similar disabilities may be unable to give legal consent to sexual relations even with their spouse.
For example, some adult siblings or other family members may voluntarily enter into a relationship, however the legal system still deems this as incestual, and therefore a crime.
[32] Roffee argues that the use of particular language in the legislation regarding these familial sexual activities manipulates the reader to view it as immoral and criminal, even if all parties are consenting.
[33] Similarly, some children under the legal age of consent may knowingly and willingly choose to be in a sexual relationship.
[37] Affirmative consent (enthusiastic yes) is when both parties agree to sexual conduct, either through clear, verbal communication or nonverbal cues or gestures.
This is the approach endorsed by colleges and universities in the U.S.,[38] which describe consent as an "affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity."
There are 3 pillars often included in the description of sexual consent, or "the way we let others know what we're up for, be it a good-night kiss or the moments leading up to sex."
"[36] The above concept of affirmative consent has become more mainstream and promoted in public discourse, institutions and the workplace, especially following the #MeToo scandals.
[40] Feminists have been seeking for more transformative alternatives that go beyond a (verbal) agreement between sexual partners, examining the issue as a political question related to power structures, the influence of neoliberal perceptions of the self and the complexity of human desire.
However, especially in the sphere of interpersonal sexual and non-sexual activities, our own needs or desires are not always rational but can rather be ambiguous, contradicting or unclear.
Relying on the legal framework and presenting these as the question of consent takes away the need for change and discussion on the socio-cultural level that has the potential to offer even more complexity, flexibility and room to rethink our sexual and overall encounters beyond the protection against violence.