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How A Focus on Sexual Consent Can Create Safer University Spaces

05 April 2023 | Story Siyanda Magayana | Photo Supplied

Sivuyisiwe Magayana — Siyanda Magayana is Senior Officer: Gender Equality and Anti-Discrimination Office, Unit for Institutional Change and Social Justice, University of the Free State

Opinion article by Siyanda Magayana, Senior Officer: Gender Equality and Anti-Discrimination Office, Unit for Institutional Change and Social Justice, University of the Free State.

Sexual violence in the form of sexual assault is a serious problem on South African university campuses, and it can be argued that it is sanctioned and embedded within institutional cultures. Sexual assault on university campuses is a serious issue that affects many students and can have a devastating impact on the survivors, their families, and the wider community. Unfortunately, this is also a widespread problem, with many universities and colleges around the world reporting incidents of sexual assault and harassment.

For example, statistics from recent studies and reports show alarming rates of sexual violence. In a 2019 survey conducted by the Higher Education and Training HIV/AIDS Programme (HEAIDS), 19% of students reported experiencing sexual assault on campus. The same survey found that 27% of students reported experiencing unwanted sexual advances, and 18% reported experiencing sexual harassment. Furthermore, in a 2016 survey conducted by the South African Union of Students, more than 70% of respondents reported knowing someone who had experienced sexual violence on campus.

These statistics highlight the urgent need for institutions of higher learning to take action to address sexual violence, especially sexual assault and harassment within their institutions, which can be achieved through awareness campaigns such as Sexual Assault Awareness Month (SAAM). The month of April is Sexual Assault Awareness Month (SAAM) – an important time to raise awareness and educate people about the importance of consent in all forms of sexual activity. Consent is a fundamental aspect of healthy sexual relationships, and it is important to understand what it means and how to ask for it. Education on consent in higher education institutions (HEIs) can help prevent sexual assault and ensure that everyone is comfortable and safe during sexual activity. During SAAM, it is essential to educate ourselves and others on the importance of consent, how to recognise and address situations where it is not given, and how to create a culture of respect and understanding around sexual consent. This education can help promote a safer and more positive sexual culture, free of sexual assault and harassment on university campuses.

Addressing rape culture within higher education institutions (HEIs)

The prevalence of rape culture at South African universities is a serious and concerning issue. Rape culture refers to the normalisation of sexual violence in our society and a culture where sexual violence is often excused, normalised, and even glorified; it manifests, for example, through victim blaming, protection of perpetrators, objectification of women, and jokes about rape, etc. This culture perpetuates harmful attitudes and behaviours that contribute to sexual harassment, assault, and rape. These perceptions are learned from the way society is socialised, i.e., gender roles and cultural beliefs and attitudes that maintain that men are active agents and receivers of consent, while women are merely passive agents and receivers of consent. This notion is deeply problematic and has serious implications for gender equality and the way society perceives and treats women. For example, it consequently reinforces gender stereotypes, perpetuates rape culture, ignores the complexity of consent, leads to victim-blaming, and re-enforces gender imbalances.

It is essential to address rape culture at universities, because sexual violence and harassment have a devastating impact on survivors and can affect their physical, emotional, and psychological well-being. Survivors of sexual violence may experience a range of negative outcomes, including anxiety, depression, post-traumatic stress disorder (PTSD), and substance abuse. Additionally, sexual violence can negatively impact academic performance and lead to students dropping out of school. Addressing rape culture at universities is also important because it promotes a safe and supportive environment for all students.

Furthermore, by addressing rape culture, universities can help to prevent sexual violence and harassment from occurring in the first place. Promoting a culture of consent and respect, educating students about healthy relationships and boundaries, and holding perpetrators accountable for their actions can all contribute to creating a safer campus environment. By taking a proactive stance on these issues, universities can help to change attitudes and behaviours that contribute to a culture of violence and promote a culture of respect and equality.

Resocialisation the only hope to eradicating sexual violence through consent education

Cultural and traditional beliefs and attitudes can have a significant impact on how consent is understood and practised in a society. As it stands, there are problematic views of it, hence, it is crucial to re-socialise our society to get rid of these problematic attitudes. For example, some cultures and traditions have strict rules around gender roles and sexual behaviour, which can make it difficult for individuals to assert their own boundaries and preferences in sexual encounters.

Additionally, some cultures still view sexual activity, especially for women, as taboo or shameful, which makes it difficult for them to communicate openly about their desires and needs. Again, there are some who believe that men are entitled to sex and that women should be passive and submissive in sexual encounters, which leads to situations where women are coerced or pressured into sexual activity without giving their full and enthusiastic consent. On the other hand, some cultures still view sex as a duty or obligation within marriage or a relationship, which can make it difficult for individuals to say no to their partners. Thus, a focus on re-teaching consent can help change perceptions, prevent sexual violence, and change the rape culture in university communities.

Moreover, because they are a direct reflection of our larger society, all the beliefs and attitudes have been assimilated into university cultures and institutions. Therefore, it is crucial for HEIs to identify and refute cultural and traditional attitudes and beliefs that support forceful or non-consensual sexual conduct.

Creating safer university spaces through consent education

Consent speaks to the enthusiastic and ongoing agreement between all parties involved in a sexual or romantic encounter. It means that all parties involved have given explicit permission and are fully aware of what is happening. Therefore, consent education is incredibly important in HEIs, because it helps to create a culture of respect, safety, and a sense of comfort in relationships for its student and staff community. Consent education helps to teach that it is not just about saying ‘no’, but also about actively seeking and obtaining consent in a way that is respectful, clear, and mutually understood.

A focus on consent education through awareness campaigns on and around campus can help create safer spaces for staff and students, because it empowers them to make informed decisions about their bodies, boundaries, and relationships. It can further help to prevent sexual assault and harassment, as well as to promote healthy relationships and positive sexual experiences for all. By educating university staff and students about consent, we can help to create a university community where sexual violence is not tolerated, where people are empowered to make informed decisions about their bodies, and where healthy and respectful relationships are the norm. Lastly, by educating students on what constitutes consent and the importance of seeking it, institutions of higher education can help create a culture of respect, autonomy, and safety for all.

News Archive

The failure of the law

2004-06-04

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

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