Centering Issues of Identity in Consent: A Critical Sexuality Review of U.S. History and Research on Identity and Consent

Sexual violence is a serious public health problem that affects about half of women and almost a third of men. This high prevalence demands more research on understanding sexual violence and its victims and perpetrators. However, at the crux of understanding sexual violence is understanding consent. Past research and advocacy work for consent have traditionally focused on communication and perceptions of consent, but other research has argued that this focus overlooks the numerous ways power, privilege, and marginalization affect the context of consent. Proponents of critical sexuality studies argue for a deeper understanding of consent through an examination of identity and the larger systemic contexts wherein consent takes places. This article seeks to examine how these contextual factors manifest in identity-related issues of consent through a critical sexuality lens. What follows then is a brief historical review of the psycholegal history of consent in the United States, and how that history connects to modern issues of sexual violence. Then a review of consent research highlights the gap between historical understanding and scientific understanding of consent. Finally, the article concludes with recommendations for future research.