Brook position statement -  consent

We believe society should acknowledge that sexual activity between young people can and should be a positive and pleasurable experience when it is consenting and based on mutual respect. We believe that genuinely consensual sexual activity between young people, of a similar age and maturity, should not be criminalised. We believe a broader programme of relationships and sex education - not prosecution - is the most effective way to teach young people about consent.

Brook’s position on sex and consent

Brook believes that consenting sexual relationships, based on mutual respect, can and should be a pleasurable experience for young people; this should be reflected in all our communications, our attitude toward relationships and sex education, and the provision of sexual health services. 

The ability to consent to sex must include a clear understanding of the nature and implications of what is being agreed to (both positive and negative) and unconstrained agreement to sexual activity. Without this, there can be no consent.

Brook supports an age of consent that protects young people under 16 from coercion and exploitative relationships with adults. But we also believe it is inappropriate and unnecessary, to criminalise young people who are genuinely capable of consenting to sexual activity.

Brook advocates that genuinely consensual sexual activity between young people of a similar age, and a similar physical and emotional maturity, should be decriminalised

In other contexts, such as medical treatment, young people under the age of 16 are entrusted with the ability to consent if a doctor or nurse believes they understand the decision they are making. Brook would support the extension of this principle into the law on sexual behaviours which respects a child’s evolving capacities – enshrined in Article 5 of the UN Convention on the Rights of the Child.

Brook’s position on teaching about consent

The 2010 Conservative Party manifesto pledged that ‘to help stop sexual violence before it occurs, we will ensure that the school curriculum includes teaching young people about sexual consent.’

Brook believes that teaching young people about consent is extremely important and that it is best taught within the context of a broad programme of relationships and sex education, not as a stand alone issue related to sexual violence.

If consent is taught only in relation to sexual violence we risk only teaching about the negative aspects of sex which can alienate and mislead young people, making it more difficult and embarrassing for them to seek help.    

Brook’s position on making safer choices

It is our responsibility to help young people recognise and resist pressure; so they can build healthy relationships, delay intercourse until they are ready for it and negotiate and practice safer sex.
By developing young people’s understanding of what consenting to sex means and helping them build the skills they need to enjoy their sexuality and relationships without harm, we empower them to make fully informed decisions about when they are ready for sex, both physically and emotionally. 

Background information

According to research there is a lack of understanding among young people about the law on rape and the issue of consent. This is particularly prevalent around what behaviours can be interpreted as evidence that someone is willing to have sex with them.(1)    This is backed up by Brook’s own research for the Boys talking sex(2)  project, which found widespread confusion around the laws on consent and age.

References

1 Opinion Matters for The Havens - Sexual Assault Referral Centres, Where is your line? Survey Summary Report, 2011
2 Brook, Boys Talking Sex, 2011

Publication date: November 2011