Implied Consent and Sexual Assault : Intimate Relationships, Autonomy, and Voice / Michael Plaxton.
2015
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Details
Title
Implied Consent and Sexual Assault : Intimate Relationships, Autonomy, and Voice / Michael Plaxton.
Added Author
Imprint
Montreal ; Kingston ; London ; Chicago : McGill-Queen's University Press, [2015]
Copyright
©2015
Description
1 online resource (280 p.)
Formatted Contents Note
Front Matter
Contents
Acknowledgments
Introduction
The Criminal Law's Expressive Function
The 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
The Value of Assurance
Overbreadth or Bust?
Concluding Thoughts
Appendix
Notes
Index
Contents
Acknowledgments
Introduction
The Criminal Law's Expressive Function
The 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
The Value of Assurance
Overbreadth or Bust?
Concluding Thoughts
Appendix
Notes
Index
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 caution should be exercised before resurrecting a limited doctrine of implied consent, there are reasons to think that sexual assault law could accommodate a doctrine 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.
Language Note
In English.
System Details Note
Mode of access: Internet via World Wide Web.
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 06. Mrz 2024)
Location
www
In
Title is part of eBook package: ACUP Complete eBook-Package 2015 De Gruyter
Title is part of eBook package: ACUP Upgrade eBook-Package 2015 De Gruyter
Title is part of eBook package: ACUP Upgrade eBook-Package 2015 De Gruyter
Access Note
restricted access (http://purl.org/coar/access_right/c_16ec) online access with authorization
Alternate Title
DeGruyter online
Language
English
ISBN
9780773597921
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