The following are recently recommended provisions on CONSENT-
Yet the only one that is actual penal code is the statute from Missouri that’s a provision, without a definition.
Definitions state the meaning of a word.
Provisions state conduct which uses the word that’s been defined.
Definitions and provisions must work in synch in order for penal code to make sense.
Model Penal Code (MPC):
MPC was created in 1962 by the American Law Institute as a means to help legislators standardize penal codes across the US-
“Consent is ineffective if induced by force, duress or deception.”
Nuremberg Code was created as a result of tribunals held between 1946 and 1949 due to Nazi war crimes related to medical experiments on human subjects. Nuremberg Code continues to be the federal standard that must be applied in all medical/clinical trials and procedures throughout the US. Nuremberg Code establishes that assent is not consent… that a child who has not yet reached the age of reason must “assent,” while their parent or guardian must “consent.”
“The person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice without the intervention of any element of force, fraud, deceit, duress, over-reaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge as to enable him (or her) to make an understanding and enlightened decision.”
Missouri- 556.061 (14), Rape in the 2nd Degree, states:
“Assent does not constitute consent if (c.) It is induced by force, duress or deception.”
General Data Protection Regulation (GDPR)
GDPR became law throughout Europe in May, 2018. GDPR protects privacy on the internet. All US entities must adhere to GDPR in order to conduct internet activity in Europe. The basic requirements for the effectiveness of a valid legal consent are defined in Article 7 and specified further in recital 32 of the GDPR.
“Consent must be freely given, specific, informed and unambiguous. In order to obtain freely given consent, it must be given on a voluntary basis. The element “free” implies a real choice by the data subject. Any element of inappropriate pressure or influence which could affect the outcome of that choice renders the consent invalid.”
#FGKIA has been suggested by the Consent Awareness Network as a consistent standard for adoption by every state and territory throughout the US, and by Federal Code.
#MeToo and #TimesUp have focused attention on the issue of sexual assault. But they are a movement in need of a solution. #FGKIA provides a simple, direct, all-encompassing and incontrovertible definition for “consent” that all of society can understand, be guided by, and held accountable to, by law.
“Consent is Freely Given, Knowledgeable and Informed Agreement #FGKIA”
Coupled together with the definition of sexual assault, as stated in the ItsOnUs Pledge, every state and territory of the US can create strong legal language to protect society from sexual assault:
“Nonconsensual sex is sexual assault.”
Additional problems with existing laws…..
Although models for consent provisions currently exist, some states claim that consent results from “words or actions,” which can conflict with the basic premise for consent. Words or actions can be induced through force, duress or deception; therefore, words or actions could contradict that consent took place, creating an oxymoron.
Irregardless of a victim’s words or actions, an offender would know they have improperly induced sexual conduct just as they would in medical experimentation or unlawful data usage on the internet… and…..even though the victim is unaware that the offender undermined their decision-making process at the time. Statutes in which “words or actions” are relied on to define consent could fault the victim rather than the offender when sexual assault takes place.
Codifying “consent” as the Freely Given, Knowledgeable and Informed Agreement that it is, will protect society from sexual predators today and for generations to come!
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