When engaging in any sexual activity, the law requires that both parties grant their full and voluntary consent. Unfortunately, this law is not always recognized during sexual encounters. In fact, thousands of people are victims of sexual assault each year, and the numbers reported are speculated to represent less than 20% of actual assault cases.
What is Consent?
Consent exists when both parties agree completely and voluntarily to the actions that are taking place at the time. If sexual activity changes, however, and a party is made to feel uncomfortable, he or she can retract consent at any moment. Any signs of hesitation, refusal, or discomfort should result in immediate termination of action.
Misunderstanding the laws of consent can result in sexual assault. Some common misconceptions about consent include:
- If consent is granted at the onset of sexual activity, it applies until activity ceases
- If married, it is a spouse’s duty to perform sexual acts with their significant other
- If a party hesitates, they just need to be sweet talked into it
- When a party says no, they mean yes
Sexual assault is a serious offense that occurs frequently, but is under-reported. If you have any questions regarding sexual assault and the law, contact a Cincinnati personal injury attorney at Stepleton Dugan, LLC by calling 513-321-7733.