The Legal Implications of Power in Romantic Relationships
“Love does not dominate; it cultivates” is a quote attributed to the German writer Johann Wolfgang von Goethe. Perhaps in an ideal world, love would never dominate. But in reality, romantic relationships are frequently rife with power imbalances.
Power imbalances in romantic relationships occur when one partner holds significantly more influence, control, or authority than the other. While no relationship is perfectly equal at all times, persistent or systemic imbalances may lead to a loss of autonomy for one partner, and this may, in turn, have profound implications on the effectiveness of consent in the relationship.
Examples of Power Imbalances
There are many types of power imbalances:
- Age Differences: An older partner may have more life experience and use this as leverage in decision-making.
- Financial Dependency: A partner who controls the finances may dictate terms of the relationship.
- Professional Power: A partner who exerts professional control or supremacy may carry over the hierarchy into the relationship.
- Emotional Manipulation: A partner who uses guilt, coercion, or gaslighting may deprive their partner of autonomy.
Power imbalances may occur even without any of the elements above; for example, one partner may naturally have a more domineering or assertive personality than the other. Conversely, it is also possible for couples that meet one or more of the elements above to avoid significant power imbalances, although this would usually require some amount of relationship work and awareness.
How Power Imbalances May Undermine Legal Consent
Legal consent is founded on free will and the absence of coercion or duress. When power imbalances exist, they may impede one partner’s ability to give authentic and informed consent. For example, a partner in a position of power might subtly or overtly pressure the other into agreeing to something they wouldn’t otherwise.
From a legal perspective, relationships with inherent power imbalances are often and historically scrutinized to determine whether true consent was given. There are several categories of legal analyses in which this particularly comes to light, including sexual consent cases, financial agreements, and laws relating to special relationships.
In sexual consent cases, courts often need to assess whether true consent was given, or if it was given under duress or coercion. There are some situations in which a power imbalance is so pronounced, harassment is almost presumed. For example, in employment law, quid pro quo is a type of sexual harassment that occurs when a supervisor offers an employee benefits in exchange for sexual favors, or threatens an employee with retaliation if they refuse. Unlike some other forms of harassment, even one instance of quid pro quo would constitute unlawful harassment; it need not be pervasive or repeated. And it is harassment even if the victim willingly agrees to it.
With respect to financial agreements, courts may scrutinize prenuptial and postnuptial agreements or other financial arrangements to determine if one partner was coerced into signing the agreement or lacked understanding of the agreement. Courts may even completely disregard the contents of a prenuptial or postnuptial agreement if they believe the agreement was unconscionably formed.
With respect to special relationships, the law recognizes that some relationships create such strong power dynamics that the concept of consent may always be in question. For example, relationships between individuals in certain hierarchies (e.g., a supervisor with a subordinate, a doctor with a patient, a teacher with a student) may be legally scrutinized, and in many cases, are prohibited by policies and/or professional ethics.
Safeguarding Consent in Unequal Relationships
Power imbalances don’t always render a relationship inherently exploitative, but they do call for heightened awareness and responsibility. Both partners should prioritize open communication and mutual respect.
Additionally, there are certain steps the more powerful partner can take in order to address the power imbalance:
- A wealthier partner who is negotiating a prenuptial agreement can hire good counsel for their partner and ensure that the terms are fair.
- A partner who is in a professional hierarchy could remove themselves from a supervisory position — for example, transferring to another company — before engaging in a relationship with a subordinate.
- A partner who is emotionally stronger or more independent can encourage or pay for their partner to participate in therapy or other emotional development opportunities, or encourage them to form a strong support network.
In some situations, the protection can take the form of negating the power dynamic completely; however, this is often impossible and steps can be taken, instead, to mitigate the effects of the power imbalance.
Conclusion
Power imbalances in romantic relationships are often a reality, but their impact on legal consent must be carefully considered. Individuals who are in a position of power over a partner should not ignore the imbalance, but rather, deliberately consider what they can do to protect their partner—which will, in turn, protect the relationship itself.