#BBNaija fans, is there any such thing as “silent consent”?

by Alexander O. Onukwue

It was the Big Brother Naija show that gave us Nigerians the argument about what constitutes consent or not.

The interplay between Kemen and T-Boss was the subject of much analysis and conjecture during the show which captured the attention of young Nigerians for the best part of the year’s first quarter. Radio stations, TV shows and blogs engaged followers of the show on providing contexts for possibly justifying the attempt by Kemen to have a moment with T-Boss.

As you may remember, the consensus was that T-Boss had, despite previous apparent flirtatious acts towards Kemen, made no conscious approval of his advance towards her on the night of the act. He was dismissed from the show, and offered his apology.

While not exactly the same scenario, the trial of US comedian and actor, Bill Cosby for sexual assault, has brought up the issue of “silent consent”. Coined to describe the docility of the victim, Andrea Constand, to Cosby’s use of a drug to make her “frozen” before the romp, defenders of Cosby in the trial have aimed at enforcing the view that Constand, in her disposition of accepting Cosby’s offer of the pill just as a guest would accept a drink, had shown her consent to the act that would eventually go down.

Not surprisingly, such an understanding has been condemned as absurd and perverted. In a 2005 deposition, Cosby answered “Yes” to the query that he had purchased pills in the 1970s with the intention of offering it to women whom he intended to bed. The pill, Quaaludes, was a notorious party drug but later banned in 1982. Cosby says he offered Benadryl – a weaker pill – to Constand.

Determining the consciousness of the offer of consent in a matter of sexual intercourse is central to interpreting an allegation of rape. It may not always be black and white, giving the various dynamics that can be involved in the moments leading up to the act itself. The varieties of pre-activities (blindfolding, beating, etc) which are sometimes consciously agreed to by some partners can make it difficult to draw the line between mutual pleasure taking and predatory exploitation.

The Cosby case deals with physiologic matters of consciousness as possibly altered by chemicals. Experts have been involved to offer their views but it is ultimately left to the know-how of the jury. They will have to depend on their own understanding of the environment described to them during the hearing.

As it happened, Kemen’s admission of guilt and the relatively not so (very, very) grievous nature of the scenario did not lead to him being ostracised or prosecuted. He is in our society, even enjoying an enhanced celebrity status from his brief stay in the house.

If found guilty, Bill Cosby will not be so lucky.

Leave a reply

Your email address will not be published. Required fields are marked *

cool good eh love2 cute confused notgood numb disgusting fail