Consent in consensual relationship

In this edition of #todayinposh, I wanted to talk about consent.

In almost all my sessions, I have been asked questions such as,

• "What about consensual relationships? Would they come under the purview of sexual harassment"?;
• "If two people are in consensual relationships, doesn't that automatically mean that they have agreed to demands of the relationship";
• "What is the organisation's obligation when two employees engage in a consensual relationship" etc.

While this is a very complex situation and requires much larger discussion, I wanted to highlight a few things:

• Being in a consensual relationship does not mean that one has consented to violence and harassment. Harassment and violence CAN take place in any relationship.
• Just because one has agreed to be in a consensual relationship does not mean that they have given their consent to all demands.
• Consent given previously can be removed at any point of time and consent in the past does not automatically translate into consent for all future occasions.
• If there is a power imbalance between the two parties, then it is important to understand whether consent was freely given or if it was given under duress.

In a recent judgement, the Punjab and Haryana High Court, dismissed the bail plea of an accused in a rape case and said that prior consent for a sexual act will not extend to future occasions, even if the individuals were previously involved in a consensual relationship.

Justice Vivek Puri noted that “no means no”, even if it comes after an initial yes and said,

“Even on the assumption that if two persons previously had consensual sexual relationship for any reason whatsoever, the consent of prior sexual acts will not extend to future occasions. It cannot be construed as a circumstance to conclude that the accused gets a right to perpetually exploit the prosecutrix”.

Organisations may adopt a disclosure policy that requires employees to disclose their relationships with other employees, especially if there is power dynamics involved. More importantly, we have a responsibility to recognise that, in any relationship, consent does not mean acceptance of violence.