While engaging in sexual activities is fun, it is often associated with certain risks involved. A simple sexual consent form is a helpful instrument to mitigate these risks and ensure that all parties involved in sexual activity are consenting to perform specific acts agreed upon. The document gives information about activities, agreed boundaries, and any other relevant information pertaining to sexual acts. However, even with a sexual consent form in place, the person involved can change his/her mind and no longer be willing to engage in the activities. The effectiveness and legality of a sexual consent form differ widely in dependence on jurisdiction and very concrete circumstances in which sexual interaction occurs.
The primary parties in a sexual consent form are people intending to engage in sexual activity together. Normally, the primary parties are two people, the proposer and the consenter, but sometimes there can be even three or more individuals, depending on sexual interaction. Each of the main parties states what activities they consent to take part in, the duration, whether it is necessary to use contraception and other important details.
A sexual consent form is a document through which people define rules for sexual interactions. It defines the rules the primary parties should abide by while engaging in sexual activities without violating each other’s boundaries. This is especially important for people who have faced sexual violence and want safety guarantees.
Should any disagreements or accusations arise, this signed sexual consent form proves that consent for the activities in question had been provided explicitly. In case of an accusation of non-consensual sexual activities, having a form signed can theoretically serve as a certain form of legal protection, though courts are not likely to consider this form.
In addition to this, the consent form helps to reduce the risks of coercion or manipulation, which often occur where unequal power dynamics between individuals are present. Cases of blackmail associated with false accusations of non-consensual sexual acts are also mitigated to an extent through the use of a sexual consent form.
As of October 2023, there are no laws and regulations in the United States governing a sexual consent form, so it’s not a legal document. However, each state has consent laws explaining sexual consent criteria. For instance, in Washington, you must verbally confirm that you want to engage in sexual intercourse, while in California, verbal confirmation is not necessary, but you must act freely and voluntarily and be fully aware of the nature of the act.
In general, laws emphasize that consensual sex can occur only when an individual is not forced or coerced and when an individual is not incapable of consent because of various reasons, such as mental disability or intoxication. The sexual consent form won’t be accepted in court as a legal document proving your innocence in case of false accusations.
Even despite the fact that in most countries, a sex consent form is not a legal document, it still brings quite a list of advantages. For instance, many people experience anxiety before having sex or in the process because they do not feel secure and fear partners could violate their boundaries. Thus, a sex consent form might reduce stress and assist them in diving deep into the waters of love without anxiety.
Most of the extreme BDSM and kink communities provide a sexual consent form template to their members because some kinks and sexual activities could be regarded as extreme and even dangerous. Verbal consent is very necessary, but when in paper format, people tend to follow the rules more. From a psychological view, written consent is more binding as it creates a feeling of formal agreement between the parties.
Currently, a sexual consent form is not legally enforceable in most countries, and, for instance, if you are accused of rape, you shouldn’t rely on it as a means of legal protection. Why is that? Your partner can change his or her mind about having sex with you anytime after signing a sex consent form. Plus, you most likely won’t have any witnesses confirming whether you have violated any terms of the agreement or if the other party withdrew their consent at any point during the sexual encounter. However, not everyone knows about that, and the sex consent form can act as a preventive measure to avoid false accusations and blackmail from your sexual partners.
That is why you should ensure that the sexual consent form looks like a formal document. The sexual content form template should include information about the proposer and consenter, a list of sexual activities they are planning to engage in, and other consent details, such as contraception and information on the accidental violation. The document should also contain the primary parties’ signatures, dates, and optional witness verification details.
The easiest way to do it is by using the sexual consent form template. You should write this form together with the other party and invite a witness if you need one. For your convenience, we created simple instructions on how to write this form.
Start writing your sexual consent form by filling out the date and listing the full legal names of “the Proposer” and “the Consenter.” Make sure to check that names match the identification documents of primary parties. You can either fill out everything on Lawrina and then print and sign your form.
The sexual consent form template lists various sexual activities the Proposer and the Consenter are willing to engage in. Activities are one of the most important sections of the sexual consent form, so make sure to check the list together and discuss each activity you plan to participate in. Primary parties shouldn’t put any pressure on each other while selecting sexual activities.
One of the main purposes of the sexual consent form is to ensure the safety of primary parties during sexual activities. That is why both the Proposer and the Consenter must fill out contraception methods they use as well as contraception methods they are planning to use while having a sexual act together. While it is not recommended, you can agree to engage in sexual activities without using contraception.
The last but not the least important section of the sexual consent form template is signatures. Both the Proposer and the Consenter must sign the sexual consent form, and dates should be provided right next to the signatures.
If you have a witness, they should sign the sexual consent form as well as fill out the date next to the signature. Make sure your witness has reached the age of majority, and it is better to have a witness who is not affiliated with either the Proposer or the Consenter.
Before deciding on where to store the sexual consent form, use the sexual consent form template to obtain all the information related to consensual sexual activities from the primary parties. Remember, confidentiality is your top priority when it comes to the storage of a sexual consent form. If your form is in paper format, then you can use a locked file cabinet, or in case your form is in digital format, then you can use a secure digital platform protected by a password.
After you no longer need this form, it is time to safely dispose of it. Disposing of a sexual consent form should be carried out in a way that ensures maximum confidentiality and prevents any leaks of sensitive information. Physical copies must be shredded so they cannot be misused, and digital copies have to be deleted forever from digital data storage.
In most cases, the sexual consent form is advisable to use if either you do not trust your potential sexual partner completely or you are afraid that such a partner would not respect your boundaries. It can minimize risks that may cause you to be exposed to such potential adverse consequences as sexual abuse or prone to coercion to the sexual act/complying to do things that you dislike.
Common use cases are both new or casual relationships where both parties want to have clear sexual boundaries or activity within the BDSM and other kink communities, wherein the activities involved may carry with them higher risk factors. In some other cases, the sexual consent form could be used in an educational or therapeutic setup discussing aspects of consensuality and sexual communication intended for instilling respect for others.
Please note that Lawrina does not provide any legal services. The information on Lawrina’s Site and its downloadable content, including legal articles and templates, shall not be considered legal advice and is not guaranteed to be correct, complete, and up-to-date. If you require legal advice on your issue, we recommend you contact a qualified attorney licensed in your state. You personally assume full responsibility for any consequences, damages, and costs associated with your use of any content of Lawrina Services available on Lawrina’s Site.
By using Lawrina’s Site you agree with mentioned above and give your irrevocable consent to comply with and to be bound by the provisions of Lawrina Service terms.
The sexual consent form is not necessary, but sexual consent is always necessary, even if you are in a long-term relationship or marriage. If you force your spouse to have a sexual act with you if they don’t want to, or are incapable of consent, then you are committing marital rape or sexual assault, which is a crime in many jurisdictions.