Rape, Affirmative Consent to Sex, and Sexual Autonomy: Introduction to the Symposium
Jane Campbell Moriarty
Duquesne University - School of Law
October 8, 2008
Akron Law Review, Vol. 41, p. 839, 2008
University of Akron Legal Studies Research Paper No. 08-15
We may have moved in the West toward a standard in which “no means no” has the force of criminal law behind it. But are we ready for a standard in which only “yes means yes?” And if so, getting to yes may be a winding path to follow. The concept of consent, some of the symposium authors note, is a far more complicated inquiry than many appreciate. Consider the Eliot quotation above: Is it consensual if his exploring hands encounter no defense? Is indifference sufficient to establish consent and if not, should his act be considered criminal rather than just boorish? This is only one, among many, questions with which the symposium authors grapple.
Number of Pages in PDF File: 9
Keywords: rape, consent, criminal law
JEL Classification: K1Accepted Paper Series
Date posted: September 23, 2009
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