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Unpacking Affirmative Consent: Not As Great As You Hope, Not As Bad As You Fear, Jonathan Witmer-Rich
Unpacking Affirmative Consent: Not As Great As You Hope, Not As Bad As You Fear, Jonathan Witmer-Rich
Law Faculty Articles and Essays
This Article aims to “unpack” the concept of affirmative consent by identifying common assertions about affirmative consent that are false or misleading and by separating issues that are commonly conflated. The goal here is not to advocate either for or against the notion of affirmative consent but to clarify the concept to show what is at stake (and what is not at stake) in these debates.
Part II of this Article sets forth definitions of affirmative consent, particularly noting the difference between policies that require unambiguous agreements and those that do not. Part III addresses the various misconceptions identified above. …