Rape, Affirmative Consent to Sex, and Sexual Autonomy: Introduction to the Symposium

9 Pages Posted: 23 Sep 2009  

Jane Campbell Moriarty

Duquesne University - School of Law

Date Written: October 8, 2008

Abstract

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.

Keywords: rape, consent, criminal law

JEL Classification: K1

Suggested Citation

Moriarty, Jane Campbell, Rape, Affirmative Consent to Sex, and Sexual Autonomy: Introduction to the Symposium (October 8, 2008). Akron Law Review, Vol. 41, p. 839, 2008; University of Akron Legal Studies Research Paper No. 08-15. Available at SSRN: https://ssrn.com/abstract=1471310

Jane C. Moriarty (Contact Author)

Duquesne University - School of Law ( email )

600 Forbes Avenue
Pittsburgh, PA 15282
United States

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