CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, September 30, 2009

Moriarty on Rape and Consent

Jane Campbell Moriarty (University of Akron School of Law) has posted Rape, Affirmative Consent to Sex, and Sexual Autonomy: Introduction to the Symposium (Akron Law Review, Vol. 41, 2008) on SSRN.  Here is the 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.
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