Consent to Sexual Relations PDF Download

Author: Alan Wertheimer
Publisher: Cambridge University Press
ISBN: 9780521536110
Category : Law
Languages : en
Pages : 314

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Book Description
An important discussion of philosophical issues surrounding consent to sexual relations.

Author: Michael Plaxton
Publisher: McGill-Queen's Press - MQUP
ISBN: 077359793X
Category : Law
Languages : en
Pages : 280

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Book Description
In R. v. Ewanchuk, the Supreme Court of Canada held that sexual touching must be accompanied by express, contemporaneous consent. In doing so, the Court rejected the idea that sexual consent could be "implied." Ewanchuk was a landmark ruling, reflecting a powerful commitment to women's equality and sexual autonomy. In articulating limits on the circumstances under which women can be said to "consent" to sexual touching, however, the decision also restricts their autonomy - specifically, by denying them a voice in determining the norms that should govern their intimate relationships and sexual lives. In Implied Consent and Sexual Assault, Michael Plaxton argues that women should have the autonomy to decide whether, and under what circumstances, sexual touching can be appropriate in the absence of express consent. Though caution should be exercised before resurrecting a limited doctrine of implied consent, there are reasons to think that sexual assault law could accommodate a doctrine without undermining the sexual autonomy or equality rights of women. In reaching this conclusion, Plaxton challenges widespread beliefs about autonomy, consent, and the objectives underpinning the offence of sexual assault in Canada. Drawing upon a range of contemporary criminal law theorists and feminist scholars, Implied Consent and Sexual Assault reconsiders the nature of mutuality in a world dominated by gender norms, the proper scope of criminal law, and the true meaning of sexual autonomy.

Author: Joseph J. Fischel
Publisher: Univ of California Press
ISBN: 0520968174
Category : Law
Languages : en
Pages : 280

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Book Description
When we talk about sex—whether great, good, bad, or unlawful—we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy? What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex. Joseph J. Fischel argues that the consent paradigm, while necessary for effective sexual assault law, diminishes and perverts our ideas about desire, pleasure, and injury. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. Fischel proposes instead that sexual justice turns more productively on concepts of sexual autonomy and access. Clever, witty, and adeptly researched, Screw Consent promises to change how we understand consent, sexuality, and law in the United States today.

Author: Alan Reed
Publisher: Taylor & Francis
ISBN: 1317161920
Category : Law
Languages : en
Pages : 438

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Book Description
This volume presents a leading contribution to the substantive arena relating to consent in the criminal law. In broad terms, the ambit of legally valid consent in extant law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent. This book seeks to provide a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for consent. The comparative chapters provide a wider background of how other legal systems' treat a variety of specialised issues relating to consent in the context of the criminal law. The debate in relation to consent principles continues for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems' approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.

Author: David Archard
Publisher: Routledge
ISBN: 0429976984
Category : Social Science
Languages : en
Pages : 303

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Book Description
A popular belief is that whatever takes place in private between consenting adults should be allowed. This is the first book to offer a systematic philosophical examination of what might be meant by consent and what role it should play in the context of sexual activity. Investigating the adequacy of standard accounts of consent, the book criticizes

Author: Milena Popova
Publisher: MIT Press
ISBN: 026253732X
Category : Social Science
Languages : en
Pages : 218

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Book Description
An introduction to issues of sexual consent, covering key strands of feminist thought, how sexual consent is negotiated in practice, the influence of popular culture, and more. The #MeToo movement has focused public attention on the issue of sexual consent. People of all genders, from all walks of life, have stepped forward to tell their stories of sexual harassment and violation. In a predictable backlash, others have taken to mass media to inquire plaintively if “flirting” is now forbidden. This volume in the MIT Press Essential Knowledge series offers a nuanced introduction to sexual consent by a writer who is both a scholar and an activist on this issue. It has become clear from discussions of the recent high-profile cases of Harvey Weinstein, Bill Cosby, and others that there is no clear agreement over what constitutes consent or non-consent and how they are expressed and perceived in sexual situations. This book presents key strands of feminist thought on the subject of sexual consent from across academic and activist communities and covers the history of research on consent in such fields as psychology and feminist legal studies. It discusses how sexual consent is negotiated in practice, from “No means no” to “Yes means yes,” and describes what factors might limit individual agency in such negotiations. It examines how popular culture, including pornography, romance fiction, and sex advice manuals, shapes our ideas of consent; explores the communities at the forefront of consent activism; and considers what meaningful social change in this area might look like. Going beyond the conventional cisgender, heterosexual norm, the book lists additional resources for those seeking to improve their practice of consent, survivors of sexual violence, and readers who want to understand contemporary debates on this issue in more depth.

Author: Merril D. Smith
Publisher: NYU Press
ISBN: 081479789X
Category : History
Languages : en
Pages : 319

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Book Description
A group of men rape an intoxicated fifteen year old girl to "make a woman of her." An immigrant woman is raped after accepting a ride from a stranger. A young mother is accosted after a neighbor escorts her home. In another case, a college frat party is the scene of the crime. Although these incidents appear similar to accounts one can read in the newspapers almost any day in the United States, only the last one occurred in this century. Each, however, involved a woman or girl compelled to have sex against her will. Sex without Consent explores the experience, prosecution, and meaning of rape in American history from the time of the early contact between Europeans and Native Americans to the present. By exploring what rape meant in particular times and places in American history, from interracial encounters due to colonization and slavery to rape on contemporary college campuses, the contributors add to our understanding of crime and punishment, as well as to gender relations, gender roles, and sexual politics.

Author: Katherine Angel
Publisher: Verso Books
ISBN: 1788739167
Category : Social Science
Languages : en
Pages : 161

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Book Description
A provocative, elegantly written analysis of female desire, consent, and sexuality in the age of MeToo Women are in a bind. In the name of consent and empowerment, they must proclaim their desires clearly and confidently. Yet sex researchers suggest that women’s desire is often slow to emerge. And men are keen to insist that they know what women—and their bodies—want. Meanwhile, sexual violence abounds. How can women, in this environment, possibly know what they want? And why do we expect them to? In this elegant, searching book—spanning science and popular culture; pornography and literature; debates on Me-Too, consent and feminism—Katherine Angel challenges our assumptions about women’s desire. Why, she asks, should they be expected to know their desires? And how do we take sexual violence seriously, when not knowing what we want is key to both eroticism and personhood? In today’s crucial moment of renewed attention to violence and power, Angel urges that we remake our thinking about sex, pleasure, and autonomy without any illusions about perfect self-knowledge. Only then will we fulfil Michel Foucault’s teasing promise, in 1976, that “tomorrow sex will be good again.”

Author: Kai Ambos
Publisher: Cambridge University Press
ISBN: 1108483399
Category : Law
Languages : en
Pages : 507

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Book Description
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Author: Shireen J Jejeebhoy
Publisher: Zed Books Ltd.
ISBN: 1848137788
Category : Social Science
Languages : en
Pages : 289

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Book Description
The pressing need to break the silence on non-consensual sex among young people – an issue shrouded by denial, underreporting and stigma – is self-evident. Despite the growing body of research regarding young people’s sexual behaviours, the study of coercive sexual experiences has generally been overlooked by both researchers and national programmes. Available evidence has been scattered and unrepresentative and despite this evidence, non-consensual sex among young people is perceived to be a rare occurrence. This volume dispels any such misconception. It presents a disturbing picture of non-consensual sex among girls as well as boys, and among married as well as unmarried young women in a variety of settings. This volume documents, moreover, the expanse of non-consensual experiences that young people face – from unwanted touch to forced penetrative sex and gang rape. Although the focus is on young females, the volume also sheds light on the experience of young males as both victims and perpetrators. This pioneering volume highlights key factors placing young people at risk, whilst outlining the significant distinctive health and social implications they face. Sex Without Consent also documents the unsupportive – and sometimes abusive or negligent – roles of families, teachers, health care providers and law enforcement agents, outlines promising efforts intended to prevent non-consensual sex or support survivors, and argues for profound changes in norms and values that tolerate or encourage non-consensual sex. The editors, based at the Population Council (New Delhi), the World Health Organization (Geneva), and Family Health International (Virginia) argue compellingly for a radical review and reform of existing programmes designed to prevent this kind of abuse and to support young survivors of sexual trauma in the developing world. Addressing the magnitude, determinants and consequences of sex without consent, this volume provides evidence-based directions for programming.