Case Study Analysis: Consent
Case Study 1: Guillem and Édouard
Context: Guillem and Édouard have had long conversations about their intends and boundaries
when it comes to having sex. They have shown that they well understand each other's
preferences by being transparent about their comfort zones and desires. When two people plan to
drink at a party and then have sex, it shows that they have thought through their sexual encounter
in advance. The decision-making process, in which both parties have stated what they are and are
not comfortable with, is essential to creating informed consent. After discussing boundaries and
goals, Guillem and Édouard mutually agreed to move forward, which satisfies the requirements
of freely given, informed, reversible, passionate, and specified consent (FRIES). Their mutual
understanding and lack of force or pressure strengthen the legitimacy of their consent.
Analysis:
1. Freely Given: Guillem and Édouard have both been transparent about their limits and
preferences, demonstrating their mutual consent based on open communication.
2. Reversible: Since they have ongoing conversations and plan to engage in sex after the
party, either party can change their mind at any point, respecting the principle of
reversible consent.
3. Informed: Their discussions show an informed understanding of each other’s
boundaries, ensuring that consent is based on mutual agreement and understanding.
4. Enthusiastic: There is no indication of coercion or reluctance; both parties appear
enthusiastic and comfortable with their decision.
5. Specific: Boundaries and agreements regarding sexual activity are clearly defined
through their conversations.
Power Dynamics: Given the mutual respect and communication demonstrated, power dynamics
that could compromise consent are minimal in this scenario.
Conclusion: Consent is present in this case study as both Guillem and Édouard have freely
given, informed, enthusiastic, reversible, and specific consent to engage in sexual activity.
Case Study 2: Bobbi and Damjan
Context: Concerns concerning the presence of consent are raised by Bobbi's interaction with
Damjan. Even though Bobbi had first consented to go with Damjan to her apartment, she had
consistently turned down Damjan's efforts regarding sex. She initially agreed to spend time
together but not engage in sexual activity, therefore her refusals suggest that she did not provide
her freely given consent. Damjan's insistence on trying to convince Bobbi despite her outright
rejections goes against the idea of reversible consent. Bobbi's worries about coming out as cold
or conceited draw attention to the expectations and social constraints that might affect a person's
judgment when it comes to making sexual decisions. This situation demonstrates a glaring lack
of passionate, freely expressed consent, as Damjan disregards Bobbi's personal space and liberty.
Analysis:
1. Freely Given: Bobbi gives her approval to spend time with Damjan at first, but it
becomes clear later on that she is not giving it freely when it comes to having sex.
2. Bobbi's refusals show that her consent is not continuous or reversible, and Damjan
ignores her requests to withdraw.
3. Informed: Bobbi's limits and explicit vocal refusals are ignored by Damjan, suggesting a
lack of informed consent.
4. Enthusiastic: Bobbi seems uninterested in having sex, as seen by her hesitation and
concerns about coming out as aloof or conceited.
5. Specific: Bobbi's vocal rejections of sexual attempts make it quite evident that she does
not consent to them.
Power Dynamics: Damjan’s persistence despite Bobbi’s refusals suggests a power dynamic
where he is not respecting her autonomy or right to refuse sexual activity.
Conclusion: Consent is absent in this case study due to Damjan's disregard for Bobbi's
boundaries and lack of respect for her clear refusals.
Case Study 3: Hastiin and Kishori
Context: Despite feeling unsure and uneasy, Hastiin chose to have sex with Kishori, which
illustrates a complex dynamic driven by emotional pressure. His apprehension about
disappointing Kishori and possibly ruining their relationship suggests that he did not offer his
assent voluntarily. Hastiin agrees out of fear rather than want, which is not the kind of sincere
and enthusiastic agreement that is necessary for consent. Hastiin's unease and doubt during the
interaction further erode the existence of enthusiastic and explicit agreement. Hastiin feels
emotionally under pressure from Kishori's desire to intensify their sexual relationship, which
undermines his capacity to give free and informed consent. This hypothetical situation
demonstrates the negative effects of emotional coercion on consent and underscores the
significance of obtaining free, informed, revocable, passionate, and specific
. Analysis:
1. Freely Given: Hastiin's consent may not be freely given, as evidenced by the fact that it
is motivated by his fear of disappointing Kishori.
2. Reversible Hastiin seems uncertain and uneasy during the interaction, suggesting that his
permission is not continuous or reversible.
3. Informed: Rather of having a sincere desire for sex, Hastiin gives her assent out of
emotional pressure, which is not informed consent.
4. Enthusiastic: Hastiin seems uneasy and uninterested in having sex, which is suggestive
of a lack of desire.
5. Specific: Though Hastiin doesn't say it explicitly, it appears like he was coerced into
agreeing to participate rather than voluntarily deciding to do so.
Power Dynamics: Kishori’s eagerness to progress their relationship sexually and Hastiin’s fear
of disappointing her create a power dynamic where his autonomy is compromised.
Conclusion: Consent is absent in this case study as Hastiin agrees under emotional pressure and
does not genuinely desire or enthusiastically consent to sexual activity.
General Discussion on Consent
For consent to be considered legitimate in a sexual relationship, it needs to be freely offered,
reversible, knowledgeable, enthusiastic, and specific. There are major repercussions, including
trauma, emotional suffering, and legal ramifications, if these elements are missing. Emotional
coercion or other forms of power dynamics have a major influence on the capacity for free
consent.
References
Planned Parenthood. (n.d.). Consent. Retrieved from
https://www.plannedparenthood.org/learn/teens/sex/sexual-consent
Ultimately, these case studies show the nuances and ramifications of each scenario by
illuminating various consent circumstances in sexual interactions. We can better comprehend and
encourage consensual and courteous sexual relations by using the FRIES framework and talking
about pertinent issues including power dynamics, cultural pressures, and emotional coercion.
