CONTEXT

Affirmative Consent is a legal model adopted in several countries worldwide, including Sweden, Iceland, Spain, Canada, Australia, and some states of the US. 

20 years ago, the UK was one of the first countries to introduce the idea of consent as we understand it today in law (ie did someone say ‘no’ to sex). At the time, the UK’s position was considered revolutionary - up until then people still assumed a rape could only have occurred if there was evidence of physical violence, for example. But the world’s understanding of consent has evolved in the years since; today we understand the power of coercion, and we know that perpetrators’ violence is not only physical. 

The truth is that British law has stagnated in the last 20 years as other countries have caught up with our once forward-thinking laws and gone further. As a result, the UK’s law on rape is not functioning to protect and support survivors. Less than 2% of reported cases end in a charge, let alone a conviction. The main reason, according to the Crown Prosecution Service, is just how difficult it is to prove a negative - that someone said ‘No’. Wouldn’t things be simpler if the question that had to be answered was instead, did someone say Yes?

Our survey told us two-thirds of the UK think that changing the law to Affirmative Consent will lead to more rape cases being successfully prosecuted. So now we need to get that law changed. 

We’re asking for it.

BACKGROUND

Rubiales ‘stealing a kiss’ from Spanish player Jenni Hermosa at the Women’s World Cup. Russell Brand’s accuser highlighting the age and power difference between the two. Graphic evidence from Romanian prosecutors that Andrew Tate coerced women into sexual acts. Headlines that make you feel enough is enough, the world has to change. Except in the UK, there is no change, things are getting worse for women and their safety.

Right to Equality is a UK non-profit committed to championing gender equality under the law. As an agency team that included survivors of sexual assault, we went to them with an idea for an intentionally provocative campaign designed to shock Britain into action. To highlight this acute yet fundamentally ignored social crisis. And to create a groundswell of support for demands to update our 20 year-old sexual offences laws via the introduction of a more forward-leaning Affirmative Consent model.

THE PROBLEM

⅕ of Brits believe No can mean Yes when it comes to sex. This murkiness shows up in court too, where ‘implied consent’ – making assumptions based on someone’s behaviour – is accepted. Victims often have to battle bias and prejudice as they try to prove they did not consent. This can be particularly difficult when common reactions to sexual violence include freezing or when they do not verbalise the word ‘no’.

An affirmative consent approach flips this need to prove someone said ‘No’ and instead asks - did an alleged perpetrator ask for consent, and did a victim signal their consent? 

But even though a majority of Brits want to see an Affirmative Consent model adopted (our survey revealed 2/3 of adult Britons think that changing the law to Affirmative Consent will lead to more rape cases being successfully prosecuted), do enough of us understand consent? No is the answer: 49% of Brits don’t believe you need consent for sex if you’re already making out with someone.

We need to unpack things, explain why asking for consent matters, get conversations going. And we need a new legal framework in place - the affirmative consent model - something that will help foster positive change.

THE CREATIVE IDEA

We took a common slur used far too often against women to justify sexual violence and rape, and flipped it. From ‘She was asking for it’ to ‘I’m Asking for It’. Words have power, and in reclaiming the words and subverting them, we are underlining the legal change we’re demanding. It was a creative idea not without risks, given the trigger factor. But with some of the team being survivors themselves, the approach felt valid - a sentiment backed up by our focus group of survivors and support workers.  At the end of the day, what shocks us aren’t the words, the phrase, but the fact that less than 2% of reported rapes in the UK result in a conviction today.

THE STRATEGY

We ran a nationally representative survey to understand Brits’ grasp of consent; whether they think a) asking for consent is embarrassing (they don’t); b) changing the law to affirmative consent will help improve conviction rates (they do) and c) more conversations around consent are needed (they do).

We served up our key message - let’s change the law to require a clear Yes to sex - via the arresting campaign line ‘I’m Asking for It”. Our key survey finding - ⅕ of Brits think No can mean Yes when it comes to sex - headlined press outreach. We identified crucial audiences including students on university campuses and gym-goers, targeting our out of home and contextual ads appropriately. We engaged actress/activist Emily Atack as our key media spokesperson, working with her on media-friendly messaging to help unpack the complex issue of Affirmative Consent law in a relatable way, for the mainstream.

THE EXECUTION

Working with a talent agency and a production agency, we shot portraits of our main activist supporter, Emily Atack, as well as our five supporting cast members, ensuring the campaign reflected the breadth and depth of womanhood in modern Britain. Over 300 donated placements (including digital banners, gymn screens, roadside) for our ads were complimented by extensive media outreach: First we targeted BBC Breakfast + Radio 4 for exclusives that would launch our story in respected outlets with prime-time slots. For these, we offered up both Emily and Dr Charlotte Proudman, barrister and founder of Right to Equality, as a duo who together could take on any possible question thrown at them. We then pivoted to more mainstream/tabloid media to ensure reach, and leaned into the power of Emily Atack’s social following with carefully crafted posts, driving people to the campaign landing site and petition.

IMPACT

Within hours of launch via an exclusive prime-time BBC interview, we’d ignited conversations. News coverage was overwhelmingly positive; some opinionists discussed the ‘controversial’ campaign; X/Twitter voices expressed deep support or outrage at the creative approach; Instagram immediately got on board, while a podcast from lawyers representing abuse survivors lauded the campaign as “really interesting, and provocative - but provocative in a good way. It’s certainly gotten people talking.” Our spokespeople gave interviews to BBC, Radio 4, Glamour, Evening Standard, the Independent, ITV among many others, and were invited to appear on BBC Newsnight and BBC Politics Today.

In all, during the two week campaign period, there were an astonishing 448 million views of media coverage and 36m views on social. Most importantly, within five days of launch, we reached our target of 10,000 petition signatures. This achievement triggered a mandatory response from the UK government to our demands. Unsurprisingly, the response was negative. But this was expected - mountains are not moved in a day, and the bias that means women are routinely failed by the criminal justice system is deeply entrenched. Given the defensive language and dismissive tone in the official response, seen by all 11,000 signatories, we are now working through a number of offers of support to help move this campaign forward.

THE LONG TAIL

10,000 signatures was our first goal - to get onto lawmakers’ radars and to force an initial response. We now have our sights set on an Autumn roundtable in Parliament, co-hosted by Emily Atack, Right to Equality, a leading MP and a survivor/ campaign supporter.  In addition, our eyes are trained on Spain’s controversial former UEFA president, Rubiales, and his upcoming consent trial in February 2025 (after he ‘stole’ a kiss from Spanish women’s world cup captain, Jenni Hermosa at the 2023 World Cup.) When that trial happens, and global media interest is piqued again around Affirmative Consent law - the model was introduced in Spain in 2022 - we will instigate the third phase of our campaign, offering up our expert spokespeople to unpack the Affirmative Consent model and bang the drum for its UK, and global adoption.

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