Mistaken Consent to Sex, Political Correctness and Correct Policy

Conditional Consent and Sexual Crime: Time for Reform?

“…70 For example, it has been argued that rape is about a woman being forced to endure sexual intercourse, not just a woman believing a lie. 71 Proponents of such an argument such as Bohlander say that women are not so naïve as to believe anything that a man would say anyway, and accept certain risks in return for a pleasurable act. It would follow that the harm is not in the act, but simply in the lie told by the man.…”

“…It would follow that the harm is not in the act, but simply in the lie told by the man. 72 This, it is argued, 'demeans the substance of what rape is about'. 73 Relatedly, Rubenfeld has conceded that for as long as rape is defined in the parameters of consent, then deception does indeed constitute rape, but has argued that rape should therefore be redefined within the parameters of slave and torture.…”

“…72 This, it is argued, 'demeans the substance of what rape is about'. 73 Relatedly, Rubenfeld has conceded that for as long as rape is defined in the parameters of consent, then deception does indeed constitute rape, but has argued that rape should therefore be redefined within the parameters of slave and torture. 74 This proposal would exclude from criminality the deception cases criticised by Bohlander. Yet this is exactly the problem with the current law-that it dissociates the harms of the act from the harms of the deception.…”

Barebacking and the ‘Cult of Violence’: Queering the Criminal Law

“…unqualified precedence over the interests of other groups and society as a whole, in a-in my viewmisguided attempt at achieving total equalisation'. 116 Far from seeking equalisation, this article seeks to argue for difference, and for a recognition, as Judge LJ stated in Dica, that 'sexual relationships are preeminently private and essential personal to the individuals involved in them'. 117 Those who seek out to infect others deliberately with HIV through 'stealthing' or deception, may, as Munro has noted, 118 prima facie appear to be engaging in a more obvious criminal offences.…”