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

Jane Campbell Moriarty

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 …