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University of Michigan Law School

Michigan Journal of Gender & Law

2010

Contraception

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Sex Education And Rape, Michelle J. Anderson Jan 2010

Sex Education And Rape, Michelle J. Anderson

Michigan Journal of Gender & Law

In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin consent that the law focuses on is not enough ethically and it should not be enough legally to ...