There is a widespread of controversy revolving around what it is to give consent in a sexual act. However, there are three simple questions that are able to discern whether or not a sexual act is consensual. Are the participants old enough to consent? Do both people have the capacity to consent? Did both participants agree to take part? There are certain conditions to each of these question, but in general, if a person answered “no” to any of these questions, the act is considered rape.
In each state, a law is set up that determined the minimum age a person has to be to consent to having sex with another individual. In most states, the age of consent is between 16 and 18. Anyone younger than that is considered a child and cannot legally consent to have sex. The excuse “I thought she was 16” is inadmissible in court. Whether the child says yes or no, the law is what determines if the individual is old enough to engage in sexual activity.
In addition to age, each state also defines whether or not a person has the mental capacity to consent. Those with a diminished mental capacity include individuals with mental illnesses, individuals under the influence of drugs or alcohol, and individuals that are unconscious. An individual under any of these conditions are unable to give consent, and sexual activity with that person is considered rape. In a recent case, the rape of an intoxicated young girl was put under scrutiny. During a high school party, a young girl became so intoxicated that she began to vomit and some described her as looking “dead.” Two young boys allegedly sexually assaulted her. Many defense attorney’s, including the defense attorney of the two men, use the victim’s decision to drink on her own and use it in a manner of blaming the victim for getting assaulted. The prosecution in this case however argues “”If you’re falling down, and vomiting, is that a situation where you’d going to want to have consensual sex with someone?” It does not matter if the person is under the influence of any substance of their own decision, if they are under the influence, it is considered rape.
Both participants must agree to sex from the beginning to the end of sex. Using physical violence, force, coercion, and threats resulting in sex are all considered rape. No means no and stop also means no when concerning rape.
Giving consent during sex can cause blurred area. A person must be of age and in the appropriate mental capacity, determined by the state, in order to consent to sex. Rape also involves violence, coercion, force, and threats. Involving in sexual activity is a responsibility that all individuals take on, and even more responsibility is required when giving and understanding others’ consent.
Works Cited
“Was I Raped?” Rape, Abuse, & Incest National Network. Web. 11 March 2014.
“Steubenville Rape Case: How drunk is too drunk to consent to sex?” CBS News. Web. 11 March 2014.
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Counterintuitive Fall 2022 
Could I please have feedback on my writing?
I hope I touched upon the definition of consent, but I know I did not touch upon the issue of maturity. I am not completely sure how to do that though. Is that something that is essential to my thesis? If it is, I will find a way to bring it into my definition essay. Thank you.
Feedback provided. —DSH
Just ran into this essential survey, Taylor. Follow the lead to Salon.com and also to fearus.org.
Thank you so much. This is really interesting. Would I be able to use this as a source or just for reference or something to base an idea off of?
(I’m pretty sure you mean base an idea ON? 🙂 )
You can certainly use it, Taylor; it would me mean of me to share it with you and then prohibit it; but you’d be smart to follow it back to its source. The reference in Slate.com is current, but the study itself is not. Get back closer to the original to learn all you can about how and when the data were gathered.
Hey, Taylor,
—”a widespread of controversy”?
—that controversy “revolves around” what it is?
—”to give consent in a sexual act” or “to consent to a sexual act”?
You’ve written two types of sentences, Taylor
1. Questions.
2. Claims beginning with “there is” or “there are.”
There is controversy.
There are three questions.
Q1.
Q2.
Q3.
There are conditions.
Maybe that’s all we can do in the introduction to a definition essay? But it’s an essay about consenting to a sex act! Without consent, it’s an essay about rape, forcing sex without consent. Surely we can find more active subjects and verbs than “there” and “is”!
Men and women argue about what consent is and what it isn’t, right? That’s already an improvement. Do the answers to the 3 questions tell us all we need to know about consent? If so, the definition is pretty simple (but definitions are rarely simple). If one of us “agrees” to have sex to avoid a beating, that’s agreement, but it sounds like rape. So rather than concentrate on the few things that aren’t in dispute, how about the many things that might be?
I apologize for rewriting for you, but I want to demonstrate as often as I can that no subject obligates us to be dry. Definition is still an argument.
P2. “considered a child” by whom and for what purpose?
Actually, the individual’s chronological age is what determines whether he or she is old enough, legally, to have sex.
P3. This paragraph is worth at least a short definition essay of its own, Taylor. Its connection to the age limit is important.
Chronological age eliminates the young, but it doesn’t permit everyone who has reached the age of consent. Mental age or emotional age can disqualify those legally “old enough.”
Bad sentence: Many defense attorney’s, including the defense attorney of the two men, use the victim’s decision to drink on her own and use it in a manner of blaming the victim for getting assaulted.
The prosecution is a lousy arguer. She makes no positive claim, depending instead on a flimsy rhetorical question. Do not emulate the prosecutor. Worse, she asks the question illogically. The question isn’t whether you “want to” have consensual sex; it’s whether you “can” have consensual sex.
Try to avoid (do more than try) unnecessary if/then constructions and the pronoun “it.” Rephrase your last sentence to eliminate both.
P4. You can see how very many considerations enter into the question of whether the two parties “agree,” Taylor. No means no sounds simple, and it is, but what does “I hate this but OK” mean?
P5. Your conclusion, which could be quite compelling, is extremely bland, Taylor. While it acknowledges the decisions are not easy, it seems to suggest that everything will be fine if we’re all thoughtful and responsible. If that were true, there’d be a lot of empty courtrooms.
Solid work, but not what it could be, and surprisingly uncontroversial-sounding for an essay that will be part of what I expect (hope) will be a contentious argument essay.
Grade recorded. Always improvable.