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Journal articles on the topic 'Affirmative consent'

Author: Grafiati
Published: 20 February 2023

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1

Halley, Janet. "The Move to Affirmative Consent." Signs: Journal of Women in Culture and Society 42, no. 1 (September 2016): 257–79. http://dx.doi.org/10.1086/686904.

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2

Dougherty, Tom. "Affirmative Consent and Due Diligence." Philosophy & Public Affairs 46, no. 1 (January 2018): 90–112. http://dx.doi.org/10.1111/papa.12114.

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3

Chamallas, Martha. "The Elephant in the Room: Sidestepping the Affirmative Consent Debate in the Restatement (Third) of Intentional Torts to Persons." Journal of Tort Law 10, no. 2 (September 25, 2018): 281–315. http://dx.doi.org/10.1515/jtl-2017-0025.

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AbstractIn contemporary debates about legal responsibility for sexual misconduct, the status of “affomative consent” is front and center. Most often associated with the campus rape crisis and the enforcement of Title IX by colleges and universities, affirmative consent places responsibility on individuals who initiate sex to secure the affirmative permission of their partners before engaging in sexual conduct. Going beyond “no means no,” affirmative consent is best captured by the slogan “only yes means yes” and aims to protect those sexual assault victims who react passively or silently in the face of sexual aggression, even though they do not desire to have sex and would not have initiated the sexual activity if they had been given the choice. The criminal law in most states has not yet caught up with these developments and has continued to require either a showing of “force” on the part of the defendant or proof of a verbal objection on the part of the victim.Given its prominence, one might expect affirmative consent to emerge as a central issue in the revision of the Restatement (Third)’s provisions on consent. Instead, affirmative consent makes an appearance only briefly in the Restatement's commentary and has not affected the core black letter statements of the law of consent. Although purporting to be neutral, the approach of the Restatement (Third) is incompatible with affirmative consent, both in the Restatement's definitions of actual and apparent consent and in its determination to assign the burden of proof to the plaintiff instead of the defendant. Because there is no controlling precedent that would prevent the Restatement (Third) from embracing affirmative consent, the Restatement (Third) is free to follow the Title IX model and incorporate affirmative consent into the body of tort law. This article makes the case for adopting affirmative consent in sexual misconduct tort cases, even if the criminal law in any given jurisdiction continues to apply a more defendant-oriented consent rules.
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4

Pallikkathayil, Japa. "Consent to sexual interactions." Politics, Philosophy & Economics 19, no. 2 (November 5, 2019): 107–27. http://dx.doi.org/10.1177/1470594x19884705.

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The way in which consent to sexual interactions is understood in the US is undergoing a transformation. Many universities, sometimes at the behest of lawmakers, are moving to adopt ‘affirmative consent’ policies, which define consent in terms of affirmative behavior that goes beyond mere silence or lack of resistance. Although these policies are a move in the right direction, I argue that their content has not been properly understood. In particular, the circumstances in which nonverbal behavior may communicate consent are more limited than might be apparent. And even though these circumstances can be abstractly identified, it is difficult to give people adequate guidance about when some of them obtain. Moreover, I argue that no matter how the allowance for nonverbal behavior is construed, affirmative consent policies unnecessarily prohibit interactions that people may have reason to engage in. I propose an alternative policy that remedies these problems with the affirmative consent policies that are currently being implemented. And I note that the justification for this alternative policy does not turn on any special features of the university setting. Instead, the account I give suggests grounds for reforming the law as well.
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5

Mueller, Tiffany M., and Zoë D. Peterson. "Affirmative Consent and Safer, Hotter Sex." Journal of Sex Research 49, no. 2-3 (September 14, 2011): 303–4. http://dx.doi.org/10.1080/00224499.2011.607979.

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6

Javidi, Hannah, Anne J. Maheux, Laura Widman, Kristyn Kamke, Sophia Choukas-Bradley, and Zoë D. Peterson. "Understanding Adolescents’ Attitudes Toward Affirmative Consent." Journal of Sex Research 57, no. 9 (January 15, 2020): 1100–1107. http://dx.doi.org/10.1080/00224499.2019.1711009.

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7

Torenz, Rona. "The Politics of Affirmative Consent: Considerations from a Gender and Sexuality Studies Perspective." German Law Journal 22, no. 5 (August 2021): 718–33. http://dx.doi.org/10.1017/glj.2021.33.

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AbstractWhile "no means no" considers sex as consensual until someone says no, "yes means yes" defines sex only then as consensual when all parties have explicitly agreed. Consent is thus positively determined by the presence of a yes and no longer negatively determined by the absence of a no. "Yes means yes" thus not only sets the limit as to when sex becomes sexual violence, it also tells us how morally "correct" sex should look like. In the first part I will give an insight into debates about affirmative consent in the US and Germany. In the following, I will work out how affirmative consent misjudges the subjectifying functioning of sexual power relations. I will show that the understanding of affirmative consent is based on a gendered giver-receiver grammar of consent, which stabilizes heteronormative notions of female sexuality as passive and male sexuality as active. Based on the results of conversational analytical studies on sexual communication, I will argue that the politics of affirmative consent underestimates the internalization of heteronormative discourses in sexual subjects.
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8

Tinkler, Justine E., Jody Clay-Warner, and Malissa Alinor. "Communicating About Affirmative Consent: How the Threat of Punishment Affects Policy Support and Gender Stereotypes." Journal of Interpersonal Violence 33, no. 21 (September 25, 2018): 3344–66. http://dx.doi.org/10.1177/0886260518798356.

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Colleges are increasingly adopting “affirmative consent” policies, which require students to obtain conscious and voluntary consent at each stage of sexual activity. Although this is an important step forward in violence prevention, very little is known about how best to present the policies to students. This is important, as research on sexual harassment policy training finds that training can reinforce traditional gender beliefs, which undermines policy goals. Building on this literature, we argue that affirmative consent policy trainings emphasizing punishment will increase support for affirmative consent but will reinforce traditional gender beliefs. We tested our predictions with an experiment in which we randomly assigned undergraduate participants to one of three conditions where they read an excerpt of (a) an affirmative consent policy that emphasized the threat of punishment, (b) an affirmative consent policy that emphasized a normative/moral message, or (c) an ergonomic workstation policy that served as our control condition. We found that punishment framing increased men’s support for the policy, had no effect on their likelihood to comply, and increased their perception that “most people” hold men to be more powerful than women. For women, the punishment and normative framings increased support equally, but the normative framing actually decreased likelihood to comply. The policy conditions had no effect on women’s gender beliefs. The results suggest that while an emphasis on punishment can help legitimate nonconsensual sex as a social problem, it will not necessarily increase college students’ compliance with affirmative consent, and runs the risk of activating essentialist stereotypes about gender difference. As the issue of campus sexual assault becomes increasingly politicized and contested, our findings highlight the need for more research.
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9

Meek, Michele. "Exposing Flaws of Affirmative Consent through Contemporary American Teen Films." Girlhood Studies 14, no. 1 (March 1, 2021): 101–16. http://dx.doi.org/10.3167/ghs.2021.140109.

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The discursive shift during the twenty-first century from “no means no” to “yes means yes” clearly had an impact on contemporary American teen films. While teen films of the 1970s and 1980s often epitomized rape culture, teen films of the 2010s and later adopted consent culture actively. Such films now routinely highlight how obtaining a girl’s “yes” is equally important to respecting her “no.” However, the framework of affirmative consent is not without its flaws. In this article, I highlight how recent teen movies expose some of these shortcomings, in particular how affirmative consent remains a highly gendered discourse that prioritizes verbal consent over desire.
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10

Vidu Afloarei, Ana, and Gema Tomás Martínez. "The Affirmative “Yes”. Sexual Offense Based on Consent." Masculinities & Social Change 8, no. 1 (February 21, 2019): 91. http://dx.doi.org/10.17583/mcs.2019.3779.

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The collective rape case that occurred in Spain during a 2016 famous festival placed the trial against its five aggressors on an unprecedented media and social scale in Spain. The court that ruled for sexual abuse and not for rape sparked a huge and prompt social rejection of the current legislation. To overcome revictimization and give voice to survivors, the consideration of consent has been raised. This new paradigm has deeply spread in society and social networks to the point that the Spanish government has expressed its interest in modifying the Criminal Code to base sexual crimes on consent. In our duty to provide scientific knowledge for this issue, this article frames the debate on sexual harassment and focuses on the crime against sexual freedom and the context under which consent can neither be asked for nor conceived. This article analyzes the aggravating crime factors while basing consent on the intention of the offender. Starting from international approaches, this article emphasizes the current social opportunity needed to create awareness and transform laws with the aim of legislating on affirmative “yes”. This approach contributes to the challenge of overcoming gender violence and to the study of masculinities and their influence on social transformation.
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11

Krajíčková, Sabina. "Affirmative consent ve světle Listiny základních práv EU." AUC IURIDICA 2018, no. 4 (January 4, 2019): 131–41. http://dx.doi.org/10.14712/23366478.2018.40.

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12

Schwartzman, Lisa H. "Defining Rape." Social Philosophy Today 35 (2019): 89–101. http://dx.doi.org/10.5840/socphiltoday201981264.

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Legal definitions of rape traditionally required proof of both force and nonconsent. Acknowledging the difficulty of demonstrating the conjunction of force and nonconsent, many feminists argue that rape should be defined based on one element or the other. Instead of debating which of these two best defines the crime of rape, I argue that this framework is problematic, and that both force and nonconsent must be situated in a critique of social power structures. Catharine MacKinnon provides such a critique, and she reframes rape as a matter of gender inequality. However, rather than rejecting the force/nonconsent dichotomy, MacKinnon focuses exclusively on force, which she thinks can be reconceived to include inequalities. Considering the #MeToo movement and feminist efforts to use Title IX to address campus rape, I argue that the concept of consent is more flexible than MacKinnon suggests and that “affirmative consent” can challenge this liberal model. In requiring active communication, affirmative consent shifts responsibility for rape, opens space for women’s sexual agency, and allows for the transformation of rape culture. Thus, I argue that rape should be defined by the use of force, the lack of affirmative consent, or the presence of both elements.
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13

Pugh, Brandie, and Patricia Becker. "Exploring Definitions and Prevalence of Verbal Sexual Coercion and Its Relationship to Consent to Unwanted Sex: Implications for Affirmative Consent Standards on College Campuses." Behavioral Sciences 8, no. 8 (August 2, 2018): 69. http://dx.doi.org/10.3390/bs8080069.

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Campus sexual assault is a pervasive issue impacting the well-being, quality of life, and education of all students. There have been many recent efforts to prevent and address campus sexual assault, most notably the adoption of affirmative consent standards. (1) Efforts to address sexual assault on college campuses through an affirmative consent standard could be undermined by traditional gender norms, sexual scripts, and the power dynamics inherent in heterosexual relations, which lead to situations in which many women provide consent to unwanted sex. (2) Studies indicate that college women are likely to experience verbal sexual coercion, yet research has failed to come to a consensus on how to define, operationalize, and study verbal sexual coercion. (3) Research on sexual consent is also lacking, in particular as it relates to consent to unwanted sex as a result of the presence of verbal sexual coercion. (4) This article discusses how multiple forms of unwanted sex can be conceptually examined. (5) Policy implications and areas for future research are discussed.
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14

Williams, Benton. "AT&T and the Private-Sector Origins of Private-Sector Affirmative Action." Journal of Policy History 20, no. 4 (October 2008): 542–68. http://dx.doi.org/10.1353/jph.0.0027.

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In January 1973, American Telephone & Telegraph, then the world's largest private-sector employer, entered into a Consent Decree with the United States Equal Employment Opportunity Commission. In this decree, following a fourteen-month dispute before the Federal Communications Commission,at&tagreed to implement specific goals and timetables for hiring women in traditionally male jobs, men in traditionally female jobs, and minorities in jobs in which they had been traditionally underrepresented.at&t's adoption of affirmative action immediately preceded the routine application of affirmative action hiring and promotion policies in large, private-sector U.S. firms regardless of federal contractor status. Nonetheless, the importance ofat&t's action remains misunderstood by critics and supporters of affirmative action alike.
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15

Shumlich, Erin J., and William A. Fisher. "An Exploration of Factors That Influence Enactment of Affirmative Consent Behaviors." Journal of Sex Research 57, no. 9 (May 18, 2020): 1108–21. http://dx.doi.org/10.1080/00224499.2020.1761937.

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16

Burgin, Rachael. "Persistent Narratives of Force and Resistance: Affirmative Consent as Law Reform." British Journal of Criminology 59, no. 2 (October 12, 2018): 296–314. http://dx.doi.org/10.1093/bjc/azy043.

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17

Novack, Stacey. "Sex Ed in Higher Ed: Should We Say Yes to “Affirmative Consent?”." Studies in Gender and Sexuality 18, no. 4 (October 2, 2017): 302–12. http://dx.doi.org/10.1080/15240657.2017.1383074.

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18

Vandervort, Lucinda. "Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?" New Criminal Law Review 16, no. 1 (January 1, 2013): 143–201. http://dx.doi.org/10.1525/nclr.2013.16.1.143.

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This article proposes a rigorous method to map the law on to the facts in the legal analysis of sexual consent using a series of mandatory questions of law designed to eliminate the legal errors often made by decision makers who routinely rely on personal beliefs about and attitudes toward “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well—acquaintances, supervisors or coworkers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges to truncate legal analysis of the facts and leap to erroneous conclusions about consent. Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of prejudgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and to produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used.
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19

Robles, Rowena. "Articulating Race—Asian American Neoconservative Renditions of Equality An Analysis of the Brian Ho Lawsuit." AAPI Nexus Journal: Policy, Practice, and Community 2, no. 1 (2004): 77–104. http://dx.doi.org/10.36650/nexus2.1_77-104_robles.

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This article discusses race-based policies in education and the merit and racialization of groups. The issue explores the consequences of the Consent Decree of 1979. The Ho Lawsuit is discussed as reframing the issue from desegregation to affirmative action. The lawsuit legal battle created tension between politically powerful influential organizations such as the Chinese for Affirmative Actions. Thus the Asian American community becomes disjointed when some groups promote a political stance that is not beneficial to the entire community. Critical forum between the progressive and neo-conservative Asian American groups are needed. A debate is a good way to break through the stereotypes against race-based policies to uncover the misconceptions constructed by ‘color-blind’ rhetoric.
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20

Sandoz, Emily. "Correction to: Beyond “Yes Means Yes”: A Behavioral Conceptualization of Affirmative Sexual Consent." Behavior and Social Issues 30, no. 1 (December 2021): 732. http://dx.doi.org/10.1007/s42822-021-00088-6.

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21

Caster, Suzanne E. "Resisting rape culture: The ten concubines of 2 Samuel 15–20 and #MeToo." Review & Expositor 117, no. 2 (May 2020): 281–87. http://dx.doi.org/10.1177/0034637320915971.

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This article poses this question: how do readers engage sacred texts in ways that honor the work of #MeToo by combatting the normalization of sexual violence within our society, by hearing the voices of victims of sexual violence, and by holding perpetrators of sexual violence accountable? First, identify and eradicate “rape myths.” Second, promote affirmative consent. Third, practice shifting our worldview. To illustrate, this article examines a case study of ten concubines. Identification of attitudes of rape culture permeating modern biblical scholarship highlights the need for a new reading of these women. Outlining the patterns of power, consent, and autonomy within the narrative of 2 Samuel 15–20 resists modern “rape myths” and offers a liberative way for readers to engage this story in the era of #MeToo.
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22

Willis, Malachi, and Kristen N. Jozkowski. "Barriers to the Success of Affirmative Consent Initiatives: An Application of the Social Ecological Model." American Journal of Sexuality Education 13, no. 3 (May 7, 2018): 324–36. http://dx.doi.org/10.1080/15546128.2018.1443300.

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23

McIvor, Charlotte. "Exploring and Sharing Strategies for Staging Affirmative Sexual Consent: 100 Shades of Grey and Beyond." Theatre Topics 27, no. 2 (2017): 137–49. http://dx.doi.org/10.1353/tt.2017.0025.

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24

Metz, Julia, Kristen Myers, and Patricia Wallace. "‘Rape is a man’s issue:’ gender and power in the era of affirmative sexual consent." Journal of Gender Studies 30, no. 1 (November 12, 2020): 52–65. http://dx.doi.org/10.1080/09589236.2020.1834367.

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25

Knutson, Douglas, and Julie M. Koch. "A Cotherapy Supervision Approach using Person-Centered Theory with a Gender Fluid Client." Clinical Case Studies 20, no. 5 (March 17, 2021): 368–84. http://dx.doi.org/10.1177/15346501211003157.

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The authors discuss their work with a young adult client who identified as gender fluid. The client was a college student in a rural, mid-south town. The authors are two faculty members who worked with the client for a period of 2 years using a cotherapy supervision approach. The counseling approach was affirmative and person-centered. By keeping a focus on the exploration of gender foremost, the clinicians saw an abatement of other symptoms (depression, suicidality, self-harm, disordered eating, low self-confidence, emotion dysregulation, dissociation, and so on) and an improvement in wellness (relationships, emotion regulation, self-concept, assertiveness, appropriate boundary-setting, and so on) over time. The authors offer specific interventions such as collaborative letter writing and the creation of a transition roadmap. They also highlight the advantages and utility of a collaborative, person-centered, consent-based, affirmative approach to therapy with rural transgender and nonbinary clients with complex presenting concerns.
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Pickles, James. "Including and involving young people (under 18’s) in hate research without the consent of parents." Qualitative Research 20, no. 1 (January 9, 2019): 22–38. http://dx.doi.org/10.1177/1468794118816622.

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This article provides a reflection on the ethical challenges faced when seeking ethical approval to include young people in a research project examining LGBT+ ‘hate’ experiences. I outline the ethical parameters constructed when attempting to recruit under 18’s into the project and justify the rationale for doing so. I detail how ethical approval was gained and reflect on the safeguards put in place to protect young participants. The methodological position adopted took a youth affirmative outlook, premised on enabling and championing the autonomy and agency of young people. Traditional ethical guidelines maintain that parental consent is required to include young people within sensitive research. Seeking parental consent placed young participants in a position of greater risk than what would occur during participation. Parental consent was not sought for young people to participate, nor were they informed about the involvement of their children in the project. This article provides justifications on rejecting the notion that parental consent is the only means for youth inclusion, and details how young people were empowered during participation. I argue that young people should not be instinctively excluded from sensitive research but should be actively enabled by minimising but not eradicating possible and potential risk.
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27

Hillard, Molly Clark. "“Terrible Iterations”: Reading Tess without Consent." Victorian Literature and Culture 48, no. 2 (2020): 421–33. http://dx.doi.org/10.1017/s1060150319000391.

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In the fall of 2017, a year into the current U.S. administration, a month into the #MeToo movement, I reread Adorno's 1962 essay “Commitment,” on the creation and consumption of art in an authoritarian world. I reread it at the same time that I became brave enough, and angry enough, to teach Tess of the D'Urbervilles (1891) for the first time in my fifteen-year career. Adorno says that Sartre's question, “‘Is there any meaning in life when men exist who beat people until the bones break in their bodies?’ is also the question whether any art now has the right to exist” in the wake of atrocities like the Holocaust. Adorno ultimately resolves the question in the affirmative, but only at the end of an essay otherwise dedicated to the difficulties of producing literature that resists a consumerist regime. For Adorno, committed literature (that is, progressive, instrumentalized, messaged) all too often assimilates itself to the brutalities against which it protests, while autonomous literature (that is, art that exists for itself) runs the risk of degenerating into a “fetish . . . an apoliticism that is in fact deeply political” (177). In returning to both Tess and Adorno after a longish absence, I wondered whether, in spite of Adorno's overtly modernist leanings, we might nevertheless consider that certain Victorian novels manifest his concept of tensed oscillation between commitment and autonomy. Adorno suggests that certain nonrealist art forms (one of his examples is Picasso's Guernica) neither “do” nor attempt to compel others to “do” anything instrumental, and yet such works simultaneously both illuminate and (precisely in their turning away from action) condemn systemic brutalities. We need not entirely agree with Adorno's reading of Guernica specifically, nor his fetish-treatment of modernist art broadly, to entertain the idea that—even in their realist projects—certain Victorian novels also “negate empirical reality, [and] by merely existing endlessly reiterat[e systemic] guilt” (190). I'll return to this question more directly later in the essay; for now, let it lurk in the corners of my discussion of Tess.
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28

Maris, Elena, Timothy Libert, and Jennifer R. Henrichsen. "Tracking sex: The implications of widespread sexual data leakage and tracking on porn websites." New Media & Society 22, no. 11 (October 4, 2020): 2018–38. http://dx.doi.org/10.1177/1461444820924632.

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This article explores tracking and privacy risks on pornography websites. Our analysis of 22,484 pornography websites indicated that 93% leak user data to a third-party. Tracking on these sites is highly concentrated by a handful of major companies, which we identify. We successfully extracted privacy policies for 3856 sites, 17% of the total. The policies were written such that one might need a 2-year college education to understand them. Our content analysis of the sample’s domains indicated 44.97% of them expose or suggest a specific gender/sexual identity or interest likely to be linked to the user. We identify three core implications of the quantitative results: (1) the unique/elevated risks of porn data leakage versus other types of data, (2) the particular risks/impact for “vulnerable” populations, and (3) the complications of providing consent for porn site users and the need for affirmative consent in these online sexual interactions.
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Saketopoulou, Avgi. "The Draw to Overwhelm: Consent, Risk, and the Retranslation of Enigma." Journal of the American Psychoanalytic Association 67, no. 1 (February 2019): 133–67. http://dx.doi.org/10.1177/0003065119830088.

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The concept of affirmative consent presumes a subject who is fully transparent to herself and who can anticipate the precise effects of her assent. This essay proposes limit consent, a concept that offers us different ways to think about the sexual—and about the analytic encounter. Limit consent involves a more nuanced negotiation of limits and becomes possible when the subject makes herself passible (Lyotard 1988) to an other—a condition that is neither active nor passive. Processes described in depth here suggest that passibility has ties to the rousing of infantile sexuality (Freud) and to the subject’s normative perversity (Laplanche). When the psychic economy of the infantile sexual is followed to its apex, a particular kind of state is produced that I call overwhelm—a word that is used here as a noun. Overwhelm is a state of dysregulation that can be confused with, but is not the same as, repetition compulsion. Overwhelm entails risk, and under some circumstances it may open up space toward significant psychic transformations. A detailed clinical example illustrates how overwhelm may make itself known in the clinical encounter, and how it can infiltrate the transference/countertransference. Specific technical suggestions are made regarding analytic work with overwhelm.
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30

Fiss, Karen. "Genital Call and Genitals on Trial: by Giegold & Weiß (nGbK, 2014)." Screen Bodies 1, no. 2 (December 1, 2016): 87–91. http://dx.doi.org/10.3167/screen.2016.010206.

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In California, where I live, an affirmative consent law was recently passed: often referred to as the “yes means yes” standard for sexual assault, it is now required of all colleges receiving state funds. Supporters of the law argue that campus rapists can no longer be exonerated because their victims did not resist or were incapacitated by fear, shame, or intoxication. On the other side of the country, a student at Columbia University became an icon in this ongoing legal struggle by carrying her mattress around with her everywhere, including to her graduation, as a sign of protest against the university’s refusal to expel the male student who raped her.
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Miller, Monica K. "Judgments about sexual assault vary depending on whether an affirmative consent policy or a “no means no” policy is applied." Journal of Aggression, Conflict and Peace Research 12, no. 3 (June 23, 2020): 163–75. http://dx.doi.org/10.1108/jacpr-03-2020-0485.

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Purpose Affirmative consent (AC) policies require potential sexual partners to clearly and positively confirm that they want to engage in sexual behavior – in contrast to standard “no means no” policies, which typically define consent through resistance. AC policies might not be effective because they do not align well with typical scripts of how consent is given in practice. This study aims to compare participants’ judgments as to what constitutes sexual assault, using either an AC policy or a standard “no means no” policy. Design/methodology/approach Participants read 16 scenarios depicting various male-female sexual encounters and applied either an AC or a standard “no means no” policy to determine whether the encounter was consensual. Findings When an AC policy was used, participants were more likely to judge the scenario as sexual assault. Aspects of the scenario (which reflect AC policy criteria), such as the type of communication (verbal or nonverbal), clarity of communication (clear or unclear) and resistance (high or low) also affected judgments of the scenario. Relationship type (stranger vs acquaintance) did not affect judgments. Students were more likely to perceive the scenarios as sexual assault than community members; they also perceived differences between scenarios based on verbal communication and clarity more than community members. Finally, there was no main effect of participant gender, however, men perceived differences between scenarios based on verbal communication type, whereas women did not. Research limitations/implications Findings indicate that participants are generally able to apply AC policies correctly, even though AC criteria do not generally align with common sexual scripts. Originality/value This is the first study known to test whether decision-makers can properly apply criteria outlined in AC policies and whether the application of these policies affect decisions-makers judgments as to whether a sexual encounter is consensual or assault.
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Curtis, Jena Nicols, and Susan Burnett. "Affirmative Consent: What Do College Student Leaders Think About “Yes Means Yes” as the Standard for Sexual Behavior?" American Journal of Sexuality Education 12, no. 3 (July 3, 2017): 201–14. http://dx.doi.org/10.1080/15546128.2017.1328322.

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33

Bayer, R., A. L. Fairchild, M. Zignol, and K. G. Castro. "Tuberculosis surveillance and its discontents: the ethical paradox." International Journal of Tuberculosis and Lung Disease 24, no. 5 (May 1, 2020): 9–14. http://dx.doi.org/10.5588/ijtld.17.0844.

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In June 2017, the World Health Organization issued the Guidelines on Ethical Issues in Public Health Surveillance. Using the frame of public health ethics, the guidance declared that countries have an affirmative duty to undertake surveillance and that the global community had an obligation to support those countries whose resources limited their capacity. The centrality of TB surveillance has long been recognized as a matter of public health practice and ethics. Nevertheless, contemporary global realities make clear that TB surveillance falls far short of the goal of uniform notification. It is this reality that necessitated the paradoxical turn to research studies that require informed consent and human subjects' ethical review, the very burdens that mandated notification were designed to overcome.
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Kruger, Hanneretha. "Allowing Competent Children in South Africa to refuse Medical Treatment: Lessons from England." Stellenbosch Law Review 2021, no. 3 (2021): 410–34. http://dx.doi.org/10.47348/slr/2021/i3a3.

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This article considers the question whether the right of children to consent to medical treatment includes the right to refuse medical treatment, as is the case with adult patients. If this question is answered in the affirmative, a second question arises, namely whether the protection of this right of children is as strong as the protection provided to their adult counterparts. More particularly, do children have the right to refuse medical treatment if that refusal is considered to be unreasonable or irrational by the child’s parents or doctors? If this question is answered in the negative, a third question is whether the differential approach to consent by child and adult patients is justified. In the first part of the article, the position in English law is explored. In the second part of the article, the South African legislative framework, particularly the Children’s Act 38 of 2005 and the National Health Act 61 of 2003, is considered. This is done against the background of international and regional human rights instruments and the Constitution of the Republic of South Africa, 1996. The lessons learned from the developments in English law are used to suggest a way forward in South African law.
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Himma, Kenneth Einar. "Response to “Commentary on Thomson's Violinist and Conjoined Twins” by John K. Davis (CQ Vol 8, No 4)." Cambridge Quarterly of Healthcare Ethics 9, no. 1 (January 2000): 120–22. http://dx.doi.org/10.1017/s0963180100001110.

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The point of Judith Jarvis Thomson's violinist example is to establish that one person, A, can acquire a right to use the body of another person, B, if and only if B performs some kind of affirmative act that gives A such a right. On her view, the reason it is permissible for you to unplug yourself from the violinist is that you did nothing to give the violinist a right to use your body: the violinist was plugged into you without your consent. Thus it follows that the mere fact that A needs use of B's body to survive is not enough to give rise to a right in A to use B's body. Accordingly, Thomson concludes, the claim that the fetus has a right to life does not imply abortion is morally impermissible.
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Modanloo, Shokoufeh, Sandra Dunn, Dawn Stacey, and Denise Harrison. "The feasibility, acceptability and preliminary efficacy of parent-targeted interventions in vaccination pain management of infants: a pilot randomized control trial (RCT)." Pain Management 11, no. 3 (May 2021): 287–301. http://dx.doi.org/10.2217/pmt-2020-0072.

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Aim: To evaluate the feasibility, acceptability and preliminary efficacy of parent interventions for improving the use of pain management strategies during vaccination of infants, a two-armed pilot randomized control trial (RCT) was conducted. Materials & methods: 151 parents were randomized in two groups: Group 1) ‘Be Sweet to Babies' videos and a tip sheet (n = 76); Group 2) As per Group 1 plus a motivational interviewing informed Affirmative Statements and Questions (AS&Q) (n = 75). Results & conclusion: Feasibility was evaluated by success of the recruitment (151 people in a week), rates of completed consent forms (85%), and surveys (59%). Over 94% satisfaction with interventions, processes and 88% intention to recommend the strategies to others determined the acceptability. Preliminary efficacy was evident by over 95% use of pain management strategies following the interventions. Clinical trial registration number: NCT03968432 .
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Silver, Nathan, and Shelly R. Hovick. "A Schema of Denial: The Influence of Rape Myth Acceptance on Beliefs, Attitudes, and Processing of Affirmative Consent Campaign Messages." Journal of Health Communication 23, no. 6 (May 29, 2018): 505–13. http://dx.doi.org/10.1080/10810730.2018.1473532.

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38

Bergelson, Vera. "A Fair Punishment for Humbert Humbert: Strict Liability and Affirmative Defenses." New Criminal Law Review 14, no. 1 (January 1, 2011): 55–77. http://dx.doi.org/10.1525/nclr.2011.14.1.55.

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In this article, I focused on the intersection of strict liability offenses and affirmative defenses. I sought to explore and evaluate a peculiar discrepancy: all states, as well as the Model Penal Code, deny to a defendant charged with a strict liability offense the defense of mistake, yet at the same time, allow most other affirmative defenses. Is this discrepancy warranted? Consider the following scenarios in which Humbert Humbert is charged with the statutory rape of Lolita: If Humbert Humbert tried to argue that he had acted under a mistaken belief that Lolita was above the age of consent, he most likely would not prevail. He would not prevail even if he made all possible efforts to find out Lolita's true age (e.g., checked Lolita's birth certificate and received a signed sworn affidavit from Lolita's mother) or if he fell prey to Lolita's own deception. The outcome, however, would be different if Humbert Humbert could prove that his misperception of Lolita's age was a result of insanity. In that case, Humbert Humbert would have a valid defense. He would also have a defense if he could show that he had had sex with Lolita under duress. Say, Clare Quilty, engrossed in the production of his pornographic movie, threatened to beat up Humbert Humbert unless he and Lolita performed a sexual act in front of his camera. Obviously, the defenses of mistake, insanity, and duress, albeit belonging to the same family of excuses, differ in many important respects. To see whether certain formative differences may account for the different treatment of these defenses, I examine various excuses on the scales of cognitive-volitional, external-internal, and permanent-temporary. In the end, I conclude that, from the moral perspective, there is: (i) no difference between a permanent and temporary impairment; (ii) a marginal difference in favor of external limitation compared to internal; (iii) a meaningful difference in favor of cognitive impairment compared to volitional. Effectively, this conclusion means that a person who commits a strict liability offense pursuant to a reasonable mistake deserves punishment even less than a person who commits the same crime under duress. I further explore the discrepancy between the treatment of the defense of mistake and other excuses in cases of strict liability from the perspectives of efficiency and other public policies. I conclude that this discrepancy is unwarranted, unfair, and arguably, unconstitutional. Accordingly, I advocate for a revision of the current law and adoption of an across-the-board rule that would make the defense of a reasonable mistake available in any criminal prosecution.
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Riemer, Abigail R., Kathryn Holland, Evan McCracken, Amanda Dale, and Sarah J. Gervais. "Does the affirmative consent standard increase the accuracy of sexual assault perceptions? It depends on how you learn about the standard." Law and Human Behavior 46, no. 6 (December 2022): 440–53. http://dx.doi.org/10.1037/lhb0000512.

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40

Fairchild, Amy L., and Ronald Bayer. "In the Name of Population Well-Being: The Case for Public Health Surveillance." Journal of Health Politics, Policy and Law 41, no. 1 (February 1, 2016): 119–28. http://dx.doi.org/10.1215/03616878-3445650.

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AbstractSurveillance is the radar of public health. Without tracking, often by name, the incidence and prevalence of both infectious and chronic disease, health officials would be unable to understand where and how to potentially intervene or what resources might be required to protect populations. Surveillance without individual informed consent has been challenged in the name of both bioethics and human rights. In this article we contend that a robust conception of public health not only justifies surveillance but, without disregarding the need to respect individuals, provides an affirmative duty to engage in surveillance. There may be social and political circumstances in which the names of those reported cannot be protected from unwarranted disclosure and misuse for ends that have little to do with protecting the public's health. But while the potential for misuse requires an ongoing, searching scrutiny of disease surveillance, remote or hypothetical threats should not serve to undermine this vital public health activity.
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41

Morris, Brian J., John N. Krieger, Jeffrey D. Klausner, and Beth E. Rivin. "The Ethical Course Is To Recommend Infant Male Circumcision — Arguments Disparaging American Academy of Pediatrics Affirmative Policy Do Not Withstand Scrutiny." Journal of Law, Medicine & Ethics 45, no. 4 (2017): 647–63. http://dx.doi.org/10.1177/1073110517750603.

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We critically evaluate arguments in a recent Journal of Law, Medicine & Ethics article by Svoboda, Adler, and Van Howe disputing the 2012 affirmative infant male circumcision policy recommendations of the American Academy of Pediatrics. We provide detailed evidence in explaining why the extensive claims by these opponents are not supported by the current strong scientific evidence. We furthermore show why their legal and ethical arguments are contradicted by a reasonable interpretation of current U.S. and international law and ethics. After all considerations are taken into account it would be logical to conclude that failure to recommend male circumcision early in infancy may be viewed as akin to failure to recommend childhood vaccination to parents. In each case, parental consent is required and the intervention is not compulsory. Our evaluation leads us to dismiss the arguments by Svoboda et al. Instead, based on the evidence, infant male circumcision is both ethical and lawful.
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Ortiz, Rebecca. "Explicit, Voluntary, and Conscious: Assessment of the Importance of Adopting an Affirmative Consent Definition for Sexual Assault Prevention Programming on College Campuses." Journal of Health Communication 24, no. 9 (September 2, 2019): 728–35. http://dx.doi.org/10.1080/10810730.2019.1666939.

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43

Šuta, Živa, Nina Berglez, and Miha Šepec. "“Yes means Yes”. Theoretical dilemmas and new definition of rape and sexual assault in Slovenian Criminal Law." Problemy Prawa Karnego 6, no. 1 (June 19, 2022): 1–56. http://dx.doi.org/10.31261/ppk.2022.06.01.06.

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The legislation of crimes against sexual integrity was initially aimed at safeguarding specific interests such as the honour of the father, the family, virginity, and the social security of women. Accordingly, the extent of rape victims was for a long time limited only to women (e.g. under Article 100 of the Criminal Code of the Socialist Republic of Slovenia from 1977, the execution of rape was only possible as immission penis in vaginam). In modern society, legislators seek to protect the self-determination of the individual, sexual and physical integrity, and sexual autonomy. This reversal demonstrates that modern criminal law revolves around the essential question of whether sexual intercourse is engaged in through free choice, that is, autonomously. Domestic legislators have been put under the pressure of media campaigns and controversial case law to modernise criminal law accordingly. In the spirit of the reforms, the Republic of Slovenia in 2021 adopted the amendments of Rape and Sexual Assault in the Criminal Code (KZ-1H) consistent with the affirmative consent model (“yes means yes”).
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44

Ijah, Rex Friday Ogoronte A., Friday E. Aaron, Alexander A. Dimoko, Joy O. Dayi, Promise N. Wichendu, and Ebimie M. Eleke. "Counselling of the Surgical Patient: Opinion of Caregivers." European Journal of Medical and Health Sciences 4, no. 2 (April 8, 2022): 83–88. http://dx.doi.org/10.24018/ejmed.2022.4.2.715.

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Aim: The aim of this study was to ascertain the opinion of caregivers on counselling of the surgical patient in tertiary healthcare facilities in Port Harcourt in the months of May and June 2020. Background: The care of the surgical patient partly requires that an informed consent be obtained before a therapeutic or diagnostic surgical objective is accomplished. Surgical counselling should therefore alleviate the fears of patients and relatives on intended surgery and anesthesia and prepare patient for possible postsurgical deficits. Materials and Methods: All surgical caregivers available at the point in time who gave their consent were recruited for this cross-sectional descriptive study carried out in the wards and specialist surgical out-patient clinics of Teaching Hospitals in Port Harcourt, Nigeria between the months of May and June 2020 using semi-structured questionnaires. Data obtained was analysed using the Statistical Package for the Social Sciences (SPSS) version 20.0. Results: Although 89.8% of respondents affirmed communicating information on the nature and purpose of the treatment to patients, only 161 (56.7%), 158 (55.6%), 156 (54.9%), and 156 (54.9%) responded in the affirmative to discussing the involved risks, potential benefits, available alternatives and the effects of non-treatment respectively. Lack of adequate time for consultation was considered a hinderance by 230 (81.0%) respondents. Conclusion: The challenge most asserted as a hinderance to surgical patients’ counselling was short patient contact time during counselling sessions. The overstretched tertiary health facilities can be decongested if efforts are made by governments to ensure optimum function of the health centers.
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45

Grimmett, Marc A., Alishea Rowley, Regina Gavin Williams, and Cory Clark. "Educating High School Black Males From Within the #MeToo Movement." Professional School Counseling 25, no. 1_part_4 (January 1, 2021): 2156759X2110400. http://dx.doi.org/10.1177/2156759x211040042.

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The education of Black male high school students is presently occurring in the context of the #MeToo movement. Recent reports of inappropriate sexual conduct by high profile men, including Black men, have generated heightened awareness, confusion, anxiety, and ambivalence among Black males regarding what behavior is acceptable toward girls and women and related consequences of such behavior. In high school, when identity and interpersonal relationship skills are still relatively early in development, this apparent ambiguity potentially interferes with learning processes, helping to undermine educational equity for Black males. With this mixed-methods documentary intervention research study, we assessed the impact of the short, educational documentary My Masculinity Helps (MMH) on Black male high school students in reducing rape myth acceptance and affirming active bystander attitudes and behaviors. MMH explores the role of Black men and boys in the prevention of sexual violence. Findings suggest that participants developed a more accurate understanding of consent and sexual assault, and more affirmative attitudes toward active bystander behavior, such as helping someone who has been sexually assaulted or wanting to engage in prevention strategies. We provide implications for school counselors using the American School Counselor Association National Model.
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Ray, B., C. Jackson, E. Ducat, A. Ho, S. Hamon, and M. J. Kreek. "Effect of ethnicity, gender and drug use history on achieving high rates of affirmative informed consent for genetics research: impact of sharing with a national repository." Journal of Medical Ethics 37, no. 6 (January 25, 2011): 374–79. http://dx.doi.org/10.1136/jme.2010.037671.

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47

Vrouenraets, Lieke Josephina Jeanne Johanna, Laura A. Hartman, Irma M. Hein, Annelou L. C. de Vries, Martine C. de Vries, and Bert A. C. Molewijk. "Dealing with Moral Challenges in Treatment of Transgender Children and Adolescents: Evaluating the Role of Moral Case Deliberation." Archives of Sexual Behavior 49, no. 7 (June 26, 2020): 2619–34. http://dx.doi.org/10.1007/s10508-020-01762-3.

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Abstract Treatment teams providing affirmative medical transgender care to young people frequently face moral challenges arising from the care they provide. An adolescent’s capacity to consent, for example, could raise several issues and challenges. To deal with these challenges more effectively, several Dutch treatment teams started using a relatively well-established form of clinical ethics support (CES) called Moral Case Deliberation (MCD). MCD is a facilitator-led, collective moral inquiry based on a real case. This study’s purpose is to describe the teams’ perceived value and effectiveness of MCD. We conducted a mixed methods evaluation study using MCD session reports, individual interviews, focus groups, and MCD evaluation questionnaires. Our results show that Dutch transgender care providers rated MCD as highly valuable in situations where participants were confronted with moral challenges. The health care providers reported that MCD increased mutual understanding and open communication among team members and strengthened their ability to make decisions and take action when managing ethically difficult circumstances. However, the health care providers also expressed criticisms of MCD: some felt that the amount of time spent discussing individual cases was excessive, that MCD should lead to more practical and concrete results, and that MCD needed better integration and follow-up in the regular work process. We recommend future research on three matters: studying how MCD contributes to the quality of care, involvement of transgender people themselves in MCD, and integration of CES into daily work processes.
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Morgan, Myfanwy, Charlotte Kenten, Sarah Deedat, Bobbie Farsides, Tim Newton, Gurch Randhawa, Jessica Sims, and Magi Sque. "Increasing the acceptability and rates of organ donation among minority ethnic groups: a programme of observational and evaluative research on Donation, Transplantation and Ethnicity (DonaTE)." Programme Grants for Applied Research 4, no. 4 (March 2016): 1–196. http://dx.doi.org/10.3310/pgfar04040.

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BackgroundBlack, Asian and minority ethnic (BAME) groups have a high need for organ transplantation but deceased donation is low. This restricts the availability of well-matched organs and results in relatively long waiting times for transplantation, with increased mortality risks.ObjectiveTo identify barriers to organ donor registration and family consent among the BAME population, and to develop and evaluate a training intervention to enhance communication with ethnic minority families and identify impacts on family consent.MethodsThree-phase programme comprising (1) community-based research involving two systematic reviews examining attitudes and barriers to organ donation and effective interventions followed by 22 focus groups with minority ethnic groups; (2) hospital-based research examining staff practices and influences on family consent through ethics discussion groups (EDGs) with staff, a study on intensive care units (ICUs) and interviews with bereaved ethnic minority families; and (3) development and evaluation of a training package to enhance cultural competence among ICU staff.SettingCommunity focus group study in eight London boroughs with high prevalence of ethnic minority populations. Hospital studies at five NHS hospital trusts (three in London and two in Midlands).Participants(1) Community studies: 228 focus group participants; (2) hospital studies: 35 nurses, 28 clinicians, 19 hospital chaplains, 25 members of local Organ Donation Committees, 17 bereaved family members; and (3) evaluation: 66 health professionals.Data sourcesFocus groups with community residents, systematic reviews, qualitative interviews and observation in ICUs, EDGs with ICU staff, bereaved family interviews and questionnaires for trial evaluation.Review methodsSystematic review and narrative synthesis.Results(1) Community studies: Organ Donor Register – different ethnic/faith and age groups were at varying points on the ‘pathway’ to organ donor registration, with large numbers lacking knowledge and remaining at a pre-contemplation stage. Key attitudinal barriers were uncertainties regarding religious permissibility, bodily concerns, lack of trust in health professionals and little priority given to registration, with the varying significance of these factors varying by ethnicity/faith and age. National campaigns focusing on ethnic minorities have had limited impact, whereas characteristics of effective educational interventions are being conducted in a familiar environment; addressing the groups’ particular concerns; delivery by trained members of the lay community; and providing immediate access to registration. Interventions are also required to target those at specific stages of the donation pathway. (2) Hospital studies: family consent to donation – many ICU staff, especially junior nurses, described a lack of confidence in communication and supporting ethnic minority families, often reflecting differences in emotional expression, faith and cultural beliefs, and language difficulties. The continuing high proportion of family donation discussions that take place without the collaboration of a specialist nurse for organ donation (SNOD) reflected consultants’ views of their own role in family consent to donation, a lack of trust in SNODs and uncertainties surrounding controlled donations after circulatory (or cardiac) death. Hospital chaplains differed in their involvement in ICUs, reflecting their availability/employment status, personal interests and the practices of ICU staff. (3) Evaluation: professional development package – a digital versatile disc-based training package was developed to promote confidence and skills in cross-cultural communication (available at:www.youtube.com/watch?v=ueaR6XYkeVM&feature=youtu.be). Initial evaluation produced positive feedback and significant affirmative attitudinal change but no significant difference in consent rate over the short follow-up period with requirements for longer-term evaluation.LimitationsParticipants in the focus group study were mainly first-generation migrants of manual socioeconomic groups. It was not permitted to identify non-consenting families for interview with data regarding the consent process were therefore limited to consenting families.ConclusionsThe research presents guidance for the effective targeting of donation campaigns focusing on minority ethnic groups and provides the first training package in cultural competence in the NHS.Future workGreater evaluation is required of community interventions in the UK to enhance knowledge of effective practice and analysis of the experiences of non-consenting ethnic minority families.FundingThe National Institute for Health Research Programme Grants for Applied Research programme.
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Köllen, Thomas, Marja-Liisa Kakkuri-Knuuttila, and Regine Bendl. "An indisputable “holy trinity”? On the moral value of equality, diversity, and inclusion." Equality, Diversity and Inclusion: An International Journal 37, no. 5 (June 18, 2018): 438–49. http://dx.doi.org/10.1108/edi-04-2018-0072.

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PurposeThere seems to exist a widespread, unquestioned and unquestionable consent, both in research and practice, that there is a moral value inherent in equality and related initiatives toward diversity and inclusion. However, this consent is primarily based on political convictions and emotional reasons, and is without any strong ethical grounding. Whilst a considerable volume of research has been carried out into different facets of the economic value of initiatives toward equality, diversity, and inclusion (EDI), comparatively little research has been undertaken into its moral value. Therefore, the purpose of this paper is to structure the moral perspectives on EDI more precisely and more critically.Design/methodology/approachAfter discussing the interrelation of the three concepts equality, diversity and inclusion, the authors discuss the way in which initiatives toward diversity and inclusion are justified morally in literature. The authors point out the crucial position of equality, and then, subsequently, outline how different approaches to equality try to achieve moral legitimacy. Being an important group of initiatives in this debate, the authors subsequently reflect upon the moral (il)legitimacy of affirmative action (AA). The concluding section of this paper provides a brief summary of the findings.FindingsThe moral evaluation of equality, diversity and inclusion remains an under-theorized field. Within the discourse on equality, diversity and inclusion, the term “justice” is largely used in an intuitive way, rather than being rooted in a specific moral philosophy. As there are several conceivable, differing moral perspectives on EDI, one cannot expect an indisputable answer to the question as to whether a given approach toward equality, diversity and inclusion is morally praiseworthy or just. However, the widespread assumption that equality is morally praiseworthyper se, and that striving for equality morally justifies any initiative toward diversity and inclusion, is untenable.Originality/valueThis paper addresses the lack of theorizing on the moral value of initiatives toward equality, diversity, and inclusion, such as diversity management, AA or various equal opportunity approaches. Future research could enrich the discourse on the moral evaluation of diversity management, inclusion programs and organizational equality approaches with new philosophical facets and perspectives, perspectives that might differ from those taken in the predominantly American discourse.
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STAVRICĂ, Alexandru, Luminița NIRLU, POPESCU Laura Georgiana, Ana Carmen ALBEȘTEANU, Cristina DAIA, and ONOSE Gelu. "Diagnostic and therapeutic approaches in rehabilitation correlated to a case of tetraparesis (with predominance of paraparesis) after severe CCT - bifronto - basal and bitemporal contusion." Balneo Research Journal 10, Vol 10 No. 4 (December 10, 2019): 548–50. http://dx.doi.org/10.12680/balneo.2019.298.

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Abstract Introduction. Cranio-cerebral trauma (CCT) can be defined as a brain damage caused by an external factor. It may or may not penetrate the skull. Examples of CCT causing sources can be: car accidents, falls (from height or same level), blows with blunt objects, shooting, etc. The diagnosis is generally easy to establish through anamnesis with the patient or witnesses, then by tomography. Having the patient’s consent and The Teaching Emergency Hospital “Bagdasar-Arseni” Ethic committee’s approval, N.O. 17464 per 14.06.2019, this article presents the evolution of a 32-year-old male, tetraparetic with predominance of paraparesis, bradylalia and cerebrastenia (with significant improvement) and disgraphy, following a severe CCT - bifronto-basal and bitemporal contusion. Operated temporo-parieto-occipital fracture (right parietal decompression flap) - all by falling off the horse (affirmative). Joint stiffness in the knees (by Pellegrin-Shida heterotopic periosteal calcifications). Total post-traumatic optic atrophy RE and partial optic atrophy LE. Multiple bedsores. Neurogenic bladder (carrier of indwelling urinary catheter). UTI with Proteus Mirabiris (etiologically treated) was admitted in the Neurorehabilitation Clinic of the Teaching Emergency Hospital”Bagdasar Arseni” (TEHBA) for tetraparesis motor deficit, retention sphincter disorders, locomotor and severe auto-care dysfunctions, specialized recovery and nursing treatment with favorable development. Discussion: The peculiarity of this case is the good evolution of a patient with severe CCT and multiple associated complications. Last but not least, we can highlight how the CCT was produced, namely by falling off the horse. This tells a lot about the importance of the precautions and equipment needed during a sport, in our case wearing a helmet. Key words: cerebral cranial trauma, tetraparesis, paraparesis, recovery,
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