Half and Divided Consent: Analysing Rape

25 Pages Posted: 7 Jun 2021

Date Written: May 29, 2021


This article argues for categorization of rape cases and for the relabeling of some conduct that is currently viewed as rape. The focus is on two types of case: (1) sexual intercourse where there is ‘half consent’ to the sexual act; and (2) consensual sexual intercourse that causes or risks causing collateral consequences such as a sexually transmitted disease (STD). While rape cannot be partly justified/excused, when sexual intercourse is at least half consensual it should be labelled as second-degree rape. By contrast, consensual sexual intercourse with collateral consequences should be punished by separate offences addressing those consequences.

Keywords: consent, criminal law

JEL Classification: K10

Suggested Citation

Baker, Dennis J., Half and Divided Consent: Analysing Rape (May 29, 2021). Available at SSRN: https://ssrn.com/abstract=3856247 or http://dx.doi.org/10.2139/ssrn.3856247

Dennis J. Baker (Contact Author)

University of Cambridge ( email )

Trinity Ln
Cambridge, CB2 1TN
United Kingdom

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