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Akron Law Review

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Affirmative consent

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An Analysis Of Thirty-Five Years Of Rape Reform: A Frustrating Search For Fundamental Fairness, Richard Klein Jun 2015

An Analysis Of Thirty-Five Years Of Rape Reform: A Frustrating Search For Fundamental Fairness, Richard Klein

Akron Law Review

This article will analyze the most significant changes in the manner in which individuals who are charged with the crime of rape are prosecuted for that offense. In the last thirty five years, there has been a steady erosion of the due process rights of those accused of rape. I have designated the first stage of “reforms,” which affected the arrest, pretrial, and trial phases of rape prosecutions, as the First Wave of rape reform. The Second Wave are the more recent changes in the law that have focused on measures, such as sexual registry or civil commitment statutes, that …


Rethinking Affirmative Consent In Canadian Sexual Assault Law: Neoliberal Sexual Subjects And Risky Women, Lise Gotell Jun 2015

Rethinking Affirmative Consent In Canadian Sexual Assault Law: Neoliberal Sexual Subjects And Risky Women, Lise Gotell

Akron Law Review

While the struggle for affirmative consent is typically framed as a feminist law reform project, I contend that we need to understand the legal elaboration of a positive and explicit consent standard in relation to wider shifts in governance. The second section of this article explores how the legal elaboration of affirmative consent in Canadian law might be seen as a specific expression of neoliberal governmentality, forging new normative sexual subjects who interact within a transactional sexual economy. In section three, I demonstrate how discourses of responsibilization and risk management inform recent Canadian sexual assault decisions, constituting the ideal victim …


Copulemus In Pace: A Meditation On Rape, Affirmative Consent To Sex, And Sexual Autonomy, Dan Subotnik Jun 2015

Copulemus In Pace: A Meditation On Rape, Affirmative Consent To Sex, And Sexual Autonomy, Dan Subotnik

Akron Law Review

Social change, to be sure, is not necessarily bad. But what if affirmative consent is not biologically or psychologically sound and, for that reason, women do not even desire it? Questioning the idea that increasing women’s power will be desirable even if not founded on the “the truth,” I ask: Can and should women — to say nothing of men — say “no” to affirmative consent? I examine this question in two parts. Part I evaluates the sexual environment today from which affirmative consent has arisen. Part II deals specifically with affirmative consent.


Rape, Affirmative Consent To Sex, And Sexual Autonomy: Introduction To The Symposium, Jane Campbell Moriarty Jun 2015

Rape, Affirmative Consent To Sex, And Sexual Autonomy: Introduction To The Symposium, Jane Campbell Moriarty

Akron Law Review

Introduction to the Symposium focusing on issues arising from determining when sex is the product of free choice, when it is the result of force, and the legal and philosophical implications arising from those issues. To introduce this Symposium, I first discuss the issues related to the crime of rape, the idea of sexual autonomy, and the concept of affirmative consent to sex. Then, I briefly summarize the symposium authors’ various approaches to these topics.