Consent cannot be reduced to a simple ‘yes’ or ‘no’

Nearly seven women are killed by an intimate partner every day, a figure that has remained unchanged since 2009, placing South Africa among the countries with the highest femicide rates in the world. At the same time, more than 100 000 girls between the ages of 10 and 19 gave birth in 2024, including 2 000 children aged 10 to 14, even thoughchildren under 16 cannot legally consent to sex. These realities expose a deeper truth: what is often framed as consent is shaped – and frequently distorted – by power.

The right to decide what is done to one’s body lies at the core of human dignity, freedom from violence and bodily and psychological integrity. Article 4 of the Maputo Protocol, which South Africa ratified in December 2004, affirms these protections. Still, consent cannot be reduced to a simple “yes” or “no”.

It is a clear, voluntary and enthusiastic agreement to engage in a specific act, given without pressure, force, manipulation, or intimidation, and it can be withdrawn at any time. Crucially, however, consent does not occur in a vacuum. It is shaped by power, vulnerability and whether the surrounding environment allows for genuine choice.

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Where inequality, coercion, or fear operate, even subtly, what looks like agreement may not be consent at all. In South Africa, this reality plays out in stark and measurable ways. High rates of gender-based violence, sexual assault andteenage pregnancyreveal how often consent is undermined or ignored.

For many young girls, “consent” is negotiated in silence, in classrooms, homes and relationships where saying no carries consequences. South African law recognises this complexity. The amended Sexual Offences Act of 2021 defines consent as a voluntary and uncoerced agreement, explicitly stating that force, intimidation, threats, or deception render sexual acts involuntary.

It also acknowledges that the abuse of power or authority can inhibit a person’s ability to refuse, thereby invalidating consent. The Domestic Violence Amendment Act of 2021 further expands protections by recognising coercive control as a form of abuse. South Africa’s legal history illustrates how distorted notions of consent have long been embedded in law and society. Until 1993, husbands were exempted fromprosecution for rape or sexual violence against their wives, a legal fiction that treated marriage as permanent consent.

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