Implied consent and sexual assault : intimate relationships, autonomy, and voice / Michael Plaxton.

Format:

Book

Author/Creator:

Plaxton, Michael, author.

Language:

English

Subjects (All):

Sex crimes--Law and legislation--Canada.

Sex crimes.

Sexual consent--Canada.

Sexual consent.

Rape--Law and legislation--Canada.

Rape.

Women--Legal status, laws, etc--Canada.

Women.

Man-woman relationships--Canada.

Man-woman relationships.

Physical Description:

1 online resource (281 p.)

Edition:

1st ed.

Place of Publication:

Montreal, Québec ; London, [England] ; Chicago, [Illinois] : McGill-Queen's University Press, 2015.

Summary:

"In R. v. Ewanchuk, the Supreme Court of Canada held that sexual touching must be accompanied by express, contemporaneous consent. In doing so, the Court rejected the idea that sexual consent could be 'implied'. Ewanchuk was a landmark ruling, reflecting a powerful commitment to women's equality and sexual autonomy. In articulating limits on the circumstances under which women can be said to 'consent' to sexual touching, however, the decision also restricts their autonomy--specifically, by denying them a voice in determining the norms that should govern their intimate relationships and sexual lives. In Implied Consent and Sexual Assault, Michael Plaxton argues that women should have the autonomy to decide whether, and under what circumstances, sexual touching can be appropriate in the absence of express consent. Though we should exercise caution before resurrecting a limited doctrine of implied consent in the sexual sphere, there are reasons to think that sexual assault law could accommodate it without undermining the sexual autonomy or equality rights of women. In reaching this conclusion, Plaxton challenges widespread beliefs about autonomy, consent, and the objectives underpinning the offence of sexual assault in Canada. Drawing upon a range of contemporary criminal law theorists and feminist scholars, Implied Consent and Sexual Assault reconsiders the nature of mutuality in a world dominated by gender norms, the proper scope of criminal law, and the true meaning of sexual autonomy."-- Provided by publisher.

Contents:

Criminal law's expressive function

Wrong of sexual assault

Implied consent and Ewanchuk

Autonomy and section 273.1(1)

Mutuality and sexual instrumentalization

Exit, voice, and mutuality

What is stereotyping?

Context and the marital rape exception

Value of assurance

Overbreadth or bust?

Concluding thoughts: Voice and implied consent.

Notes:

Includes index.

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (ebrary, viewed March 16, 2016).

ISBN:

9780773597938

077359793X

9780773597921

0773597921

OCLC:

939687919