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Sexual Consent And Disability, Jasmine E. Harris
Sexual Consent And Disability, Jasmine E. Harris
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Our nation is engaged in deep debate over sexual consent. But to date the discussion has overlooked sexual consent’s implications for a key demographic: people with mental disabilities, for whom the reported incidence of sexual violence is three times that of the nondisabled population. Even as popular debate overlooks the question of sexual consent for those with disabilities, contemporary legal scholars critique governmental overregulation of this area, arguing that it diminishes the agency and dignity of people with disabilities. Yet in defending their position, these scholars rely on empirical data from over twenty years ago, when disability and sexual assault …
The Role Of Support In Sexual Decision-Making For People With Intellectual And Developmental Disabilities, Jasmine E. Harris
The Role Of Support In Sexual Decision-Making For People With Intellectual And Developmental Disabilities, Jasmine E. Harris
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In response to Alexander Boni-Saenz, Sexuality and Incapacity, 76 Ohio St. L.J. 1201 (2015).
This Response analyzes three aspects of Boni-Saenz’s cognition-plus test. First, I position his normative and prescriptive proposals within an existing, robust conversation regarding legal capacity, SDM, and the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Scholars of international human rights law offer valuable insights on challenges of redefining legal capacity and implementing SDM. Advocates continue to debate and contest SDM as a practical, administrable, and measurable alternative. Second, I identify potential normative implications of incorporating SDM into domestic law, specifically for …