The more eagle-eyed amongst you may have spotted that @manosdaskalou and I are due to present during ‘I Heart Consent’ Week (still plenty of time to book a space!). The topic – ‘Consent in the Classroom’ is one that is close to our hearts and something we have discussed in different environments with different people. In this week’s entry I want to consider why the subject of consent is particularly important for criminologists.
An obvious area to start is research; ethics are fundamental to all of the projects we do from undergraduate all the way through to seasoned academic. Discussions around ensuring participants are able to fully engage in the process of gaining informed consent are imperative. At times this may be viewed as procedural; simply going through the motions but given the sensitivity of much criminological research it has a primacy and an urgency necessary to avoid harm.
The last few weeks have seen a flurry of accusations directed at Hollywood’s “finest” (cf. Harvey Weinstein, Kevin Spacey, Ed Westwick et al.) and government ministers and MPs (cf. Michael Fallon, Stephen Crabb, Kelvin Hopkins et al.). These often, light on factual evidence and heavy on prurient judgement, throw the spotlight once more on the issue of sexual consent. These cases are concerning on many levels and it is apparent from much of the discussion which often ensues whether on television, radio, in the newspapers or on social media, that many people are confused around the very nature of consent. Attempts have been made to counteract these lack of knowledge, often in creative ways; for example ‘Consent: It’s as simple as tea’ but looking at many of the comments, there is still a great deal of work to do. There are also wider issues in relation to consent; the absence of the victims’ consent to have their information paraded to feed the public’s desire for detail Likewise, the nature of summary justice being dispensed (e.g. expulsion from organisations, cancellation of contracts and resignations) deprives suspects of their right to defend themselves in court; there is no option for those suspected to opt for a trial by media.
Notwithstanding, the imperative to understand sexual consent, for Criminology, there is a further complication. When much, if not all crime, criminality and criminal justice, is predicated on the absence of consent, the issue becomes even more tenacious. If we consider that victims don’t consent, offenders may not consent to what ensues; certainly the criminal justice system’s [CJS] apparatus deliberately and meticulously removes consent throughout the process. Even when it comes to the professionals who work within the CJS, they may not consent, rather they are obeying guidance/policy/instructions/orders (delete as appropriate). After all, it cannot be consent if derived at the barrel of a gun, or in a police interview suite or a prison cell or when the economic situation is so bleak you are terrified of losing your job. When there is no room for manoeuvre, there can be no consent. Institutions and individuals may decide that this is a necessary price to pay in respect of crime and punishment, but that decision should never be taken without reflection.
All of the above shows the importance of consent, not only between the sheets, but in all aspects of criminology. Whatever side of criminal justice you might find yourself on, an understanding of consent is essential.