Implied Consent and Sexual Assault: Intimate Relationships, Autonomy, and Voice by Michael Plaxton (review)
(2016) 28(3) Canadian Journal of Women and the Law 697-702
4 Pages Posted: 13 Sep 2016 Last revised: 22 Jul 2019
Date Written: July 28, 2016
This is the pre-publication copy of a review and critical commentary on Michael Plaxton's 2015 book, entitled Implied Consent and Sexual Assault: Intimate Relationships, Autonomy, and Voice, in which Plaxton proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons explained in the review, this reviewer concludes that Plaxton's proposal and the rationale he presents in support of its adoption are unpersuasive.
Keywords: Sexual Consent, Criminal Law, BDSM, Autonomy, Canada, Reform, Motive, Sexual Assault, Equality Rights, Gender Violence, Agency
Suggested Citation: Suggested Citation