r/Abortiondebate • u/TrueObsidian11 • 14h ago
General debate Legal Requirements for Consent
Consent, on a legal basis, must be informed, continuous, explicit, and revocable. This applies to medical decisions, bodily autonomy, sexual acts, and anything else that requires a person's consent.
The Rape, Abuse & Incest National Network (RAINN) defines consent as: "a mutual agreement that must always be clear, voluntary, and communicated without pressure, manipulation, or fear."
https://rainn.org/share-the-facts/consent-101-respect-boundaries-and-building-trust/
Cornell Law School defines consent as: "a person voluntarily and willfully agrees in response to another person's proposition."
Columbia Health Institute defines consent as: "permission for something to happen or an agreement to do something."
https://www.health.columbia.edu/content/consent
The Merriam-Webster dictionary defines consent as: to give assent or approval : agree
Consent can typically only be "implied" in any legal basis if a person is suspected of or convicted of a crime. For example, all 50 states in the US have laws forcing you to submit to alcohol and drug testing if you are suspected of DUI/DWI. Most countries in the world have similar variations of this legislation. If you are not suspected of or convicted of a crime, there is no legal basis I can find that justifies revoking or limiting a person's basic human rights.
So, given that having sex and getting pregnant are not crimes, and given these precedencies and definitions for consent, how exactly does consenting to sex imply irrevocable consent to gestate against one's will?
If one were to attempt to make having sex without the intention to procreate a crime in order to justify implying consent to gestate, how exactly would that be enforced?
Would we have to force semi-permanent sterilization onto people who are not actively seeking to reproduce, and only allow reversal if one can prove they are ready and fit to be parents (keeping in mind that these procedures are not always reversible)?
Would the risk of permanently sterilizing a significant portion of the child-bearing population be worth negating all future voluntary abortions?