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Psychological Factors in Sexual Consent: A Systematic Review With a Developmental Perspective and Its Legal
Vanesa Pastor-Cerezo1, Alejandro Iborra Cuéllar1
1University of Alcalá, Alcalá de Henares, Madrid, Spain.
Trauma, Violence & Abuse
|June 26, 2026
Summary
Spanish laws on sexual consent for minors face psychological challenges. A review reveals developmental factors influencing adolescent consent capacity, urging legislative updates for better child protection.
Area of Science:
- Psychology
- Law
- Developmental Science
Background:
- Current Spanish legislation (Organic Law 8/2021, 10/2022) aims to protect minors from sexual violence.
- The legal definition of "consent" for adolescents presents psychological complexities.
- Adolescent capacity for sexual consent requires nuanced understanding beyond legal age thresholds.
Purpose of the Study:
- To systematically review psychological and developmental factors influencing minors' capacity for sexual consent.
- To evaluate how these factors align with or challenge Spanish legislative assumptions regarding consent.
- To identify potential weaknesses in current legislation concerning adolescent psychological development.
Main Methods:
- Systematic review of 839 studies, with 23 meeting inclusion criteria.
- Analysis focused on psychological, developmental, and emotional factors affecting consent capacity.
- Specific attention to the legal age of 16 years in Spain.
Main Results:
- Adolescent capacity for consent is shaped by complex psychological and developmental factors.
- Significant differences exist between adult and developing individuals' capacity to consent.
- Current legislation may not fully align with scientific understanding of adolescent development.
Conclusions:
- Spanish legislation on adolescent sexual consent requires critical review and revision.
- A more nuanced legal approach, informed by scientific evidence, is needed.
- Improved understanding can enhance the protection of minors from sexual violence and clarify consent ambiguities.
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