Comunicació titulada The terms and the concepts behind the culture of consent, a càrrec de la terminòloga Sandra Cuadrado i de l’advocada de la Comissió de Dones Juristes contra la Violència contra les Dones Bárbara Monllor. Aquesta comunicació es va presentar a la conferència TESK 2022 que va tenir lloc els dies 9 i 10 de juny a la Facultat de Dret de Rijeka (Croàcia).

1. The terms and
the concepts
behind the
culture of consent
TESK 2022
Faculty of Law, Rijeka (Croatia)
SANDRA CUADRADO AND BÁRBARA MONLLOR

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“What I most regretted
were my silences... And
there are so many silences
to be broken.”
Audre Lorde

3. Being a woman and worrying that something might happen to you is
viewed as an inseparable package; a structure that has been imposed on us
and one that patriarchal society has ensured remains in place.
As Alba Alfageme writes in her essay Quan cridem els nostres noms ("When
we shout our names"), the patriarchal system has stolen our lives and our
existence, sacrificing our rights and freedoms. In short, we simply wouldn't
have had to endure certain experiences and situations, were this world not
infected by male chauvinism.
Background to the project
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4. stealthing: An act of sexual aggression consisting in condom removal during
intercourse, or just before, without the consent of the other person.
gaslighting: A form of mental abuse in which a person, often the partner, is
manipulated through persistent denial, misdirection, contradiction and lying, with
the aim or effect of confusing them and leading them to question their own memory,
perception and sanity.
sexpreading: The dissemination – usually via the Internet – of photographs or
audiovisual recordings of a sexual or intimate nature without the person's consent.
Terms such as sexting, stealthing, gaslighting,
spreading… are evidence of gender inequality in the
public space
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5. Objective 1: To construct a
culture of consent through the
terms and prepare a change of
scene for women: from victim
to survivor.
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Why is the term
consent key?

6. "Rape culture asserts that
women’s testimony is worthless,
untrusworthy. These are
assertations that the víctim has
no rights, no value, is not an
equal. Having a voice is crutial."
Rebecca Solnit
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Having a voice

7. The term ‘sexual harrassment’ was coined for the first time in 1974 by Mary
Rowe to describe misconduct at Massachusetts Institute of Technology,
followed by a group of women addressing the same problem at Cornell in
1975. Susan Brownmiller stamped the term ‘date rape’ in 1975.
Rebecca Solnit mentioned in her essay The Mother of all Questions (2017) that
what it is unsayable becomes unknowable and vici versa, until something
breaks. New recognitions required new language, and feminism coined a
plethora of terms to describe the individual experiences that the conversations
of the 1960’s and 1970’s were beginning to flush out of hiding.
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History of terms

8. Terminology as a tool for
identifying and reporting what
has happened to you.
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Objective 2

9. TERMS
SOURCES
EXPERTS
LEGAL ADVICE
ONGOING PROJECT
Objective 3: a pedagogical tool of
social transformation
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The project

10. The project Terminologia del
consentiment sexual is presented as
an open and reviewable project that
can be expanded with the proposals of
users and that aims to focus on the
culture of consent and that at the
same time aims to name the sexual
harrassment against women.
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The project

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Infographics
This infogrdaphic
contains the terms
related to sexual
consensus and consent,
key material for
understanding that only
YES is YES, and that any
sexual practice must be
voluntary, safe, desired,
consensual and free of
male violence.

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14. Spanish legal and social
context
Protection of sexual freedom:
consent.
Background: adultery or cohabitation in the previous Criminal Code (194-1978).
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15. For the purposes of the
preceding Section, non-
consensual sexual abuse is
deemed to be that perpetrated
on persons who are unconscious,
or whose mental disorder is
taken advantage of, as well as
those committed by overcoming
the will of the victim using
narcotics, drugs or any other
natural or chemical substance
that is appropriate for such
purpose.
Whoever, without violence or
intimidation and without there
being consent, perpetrates acts
against the sexual freedom or
indemnity of another person,
shall be convicted of sexual
abuse, with a sentence of
imprisonment from one to three
years or a fine of eighteen to
twenty- four months.
2
1
Article 181 – Sexual abuse.
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16. 2
1
When the sexual assault consists
of vaginal, anal or oral
penetration, or inserting body
parts or objects into either of the
former two orifices, the offender
shall be convicted of rape with a
sentence of imprisonment from
six to twelve years.
Article 178 – Sexual assault. Article 179 – Rape.
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Whoever, without violence or
intimidation and without there
being consent, perpetrates acts
against the sexual freedom or
indemnity of another person,
shall be convicted of sexual
abuse, with a sentence of
imprisonment from one to three
years or a fine of eighteen to
twenty- four months.

17. "La Manada" Case, Sentence nº 38/2018, March 20th.
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18. Spanish progressive legal change
The Spanish Government Project of Law on
Sexual Liberty.
Report by the Spanish Supreme Court. Repeal of
'La Manada' judgment.
Feminist movement, new terminology in Case
law.
Catalan law nº5/2008, April 24th, on the
women’s right to eradicate gender violence.
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19. European context
Combating Violence against Women and Domestic Violence (GREVIO)
224. (...) to pursue the amendments to the Criminal Code with
a view to ensuring the existence of an offence of rape
firmly rooted in the lack of consent that is operational in
practice and effectively applied by law-enforcement agencies,
prosecution services and the judiciary.
The aim must be to ensure appropriate sanctions for all acts
of a sexual nature without the consent of the victim, including
in the absence of resistance by the victim and where
the circumstances of the case preclude valid consent.
For this purpose, GREVIO strongly encourages the Spanish
authorities to introduce training and guidelines for all those
in the criminal justice system to ensure an understanding
of rape and sexual violence as offences based on the
absence of consent, not the use of force.
ensuring the existence of an offense of
rape (...) in the lack if consent.
including in the absence of resistance
by the victim and where the
circumstances of the case preclude
valid consent.
training and guidelines (...) to ensure
anunderstanding of rape and sexual
violence as offences based on the
absence of consent, not the use of force
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20. 80. GREVIO encourages the Spanish authorities to maintain
and develop, where necessary, efforts to engage society at
large, in particular men and boys, through community- based
preventive programmes, campaigns and other measures in
efforts to prevent and combat the different forms of violence
against women, including by developing the notion of
respect for sexual autonomy and consent, awareness of
sexual harassment and technology- facilitated or online
violence against women.
efforts to engage society at large, in
particular men and boys.
preventive programmes, campaigns and
other measures
developing the notion of respect for
sexual autonomy and consent,
awareness of sexual harassment and
technology (...)
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Combating Violence against Women and Domestic Violence (GREVIO)
European context

21. Conclusion
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Instagram
SOCIAL MEDIA

23. Facebook Instagram Twitter
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SOCIAL MEDIA

24. Thank you!
ONLY YES IS YES
SEXUAL CONSENT 2022