From “yes” to “no”, a Reflection on Netflix’s Anatomy of a Scandal

tw: mentions of rape, legal process of sexual violence, details of sexual assault 

In a new mini-series, “Anatomy of a Scandal” on Netflix, Parliamentary minister James Whitehouse is accused of rape following the news release of a sexual affair. James and a younger parliamentary researcher, Olivia, engage in a months-long affair. The story begins as one in which the viewer is more concerned about the perception of James’ wife, until the accusation comes out. The series shifts to the trial in which Olivia details the horrific scene that occurred in the elevator with James. The prosecutor remarkably reminds the jury of the definition of consent, particularly the defining element that consent is only granted to specific acts at specific points in time. In other words, if someone consents to a kiss right now, they are not consenting to have penetrative sex with that person in 3 minutes. The prosecutor continues to argue that Olivia’s initial “yes” quickly turns into a “no.” She asks Olivia, “How quickly did things change?” and Olivia replies, “Seconds. When he started doing things he’s never done before.” It’s evident that the dynamic took a sharp and violent turn, with James “wrenching” her blouse open, biting her breast, leaving her with bruises and teeth marks, and ripping her underwear. By now, Olivia has been pushing James away, saying “Not here.” But he doesn’t stop. 

Consent is a little more complex than a simple “yes” or “no”, and this mini-series continues to help us to understand why. Here at Survivors to Superheroes, we use the ABC’s to understand this complexity of consent.

 A: Active Agreement  Both people are actively and explicitly agreeing to the sexual act, using the word “yes” or other verbal and non-verbal indications.

By not displaying enthusiasm and by expressing “Not here,” Olivia clearly did not consent to this encounter. 

B: Beneficial to All Everyone is happy and satisfied with their sexual encounter. 

Based on Olivia’s reactions and her expressions during the trial, she was clearly not okay with what happened to her. 

C: Continuing Communication Everyone is invited to express how they are feeling throughout the interaction, what they like and don’t like, and to share if they’ve changed their mind. 

James did not ask Olivia to go further, to engage in certain more intimate acts in the elevator. She was not given the opportunity to express her boundaries. When a sexual encounter moves so quickly without checking in, the people involved are not able to fully consent. Olivia and James’ affair does not excuse or rationalize the nonconsensual sexual encounter that occurred. Sexual violence can and does occur among even the closest and longest partners, and true and full consent is always necessary.  
https://www.survivorstosuperheroes.org/consent/

Julia Kopala
Staff Writer | she/her

My name is Julia, and I am currently working in Boston as a special education teacher. I joined Survivors to Superheroes because I am a survivor myself who did not have any support or resources to understand the gravity of the situation I was in. I want my writing to empower and validate the diversity of experiences and identities that survivors hold, amplifying the idea that healing is possible. Outside of the organization, I find joy in hiking, reading, and mentoring students!