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Date: November 22, 2024 Fri
Time: 11:54 am
Time: 11:54 am
Results for sexual consent
1 results foundAuthor: Tuerkheimer, Deborah Title: Consent Culture and the Forgotten Law of Rape Summary: The need for institutional reform to address the problem of sexual assault, particularly on college campuses, is widely acknowledged. Unnoticed is a profound disconnect between cultural norms around sex and the legal definition of rape. The Model Penal Code and a majority of states still retain a force requirement, effectively consigning most rape - that is, non-stranger rape - to a place beyond law's reach. Of particular concern, the dominant statutory approach misconceives or overlooks entirely the role of consent, which has come to dominate popular and political discourses around sexual assault. In the midst of increasing moves on campus to codify affirmative consent standards ("yes means yes"), rape law remains mired in an archaic view of consent as rather beside the point. This article explores the significance of law's preoccupation with force by introducing a taxonomy of cases in which force and non-consent tend to diverge. In these recurring categories - sleep, intoxication, and relational control - the statutory force requirement often presents an insurmountable doctrinal problem. Yet judges are not simply reversing rape convictions for want of force; rather, they are gratuitously opining on consent. Close examination of the case law exposes judicial tendencies to equate utter passivity with consent to intercourse, thus suggesting the importance of statutorily defining consent in ways that conform to contemporary understandings. The no-force/no-consent cases also raise a prior question critical to ongoing reform efforts: does the absence of consent make sex rape? Outside of law, this inquiry has for the most part been resolved; what remains is to reconcile competing interpretations of consent's meaning. In stark contrast, the legal treatment of non-stranger rape reflects a doctrine woefully out of step with modern conceptions of sex. Details: Chicago: Northwestern University, 2014. 82p. Source: Internet Resource: Northwestern Public Law Research Paper No. 14-53 : Accessed November 12, 2014 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2515905 Year: 2014 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2515905 Shelf Number: 134055 Keywords: Campus CrimesCampus RapeRape (.S.)Sexual Consent |