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Is affirmative consent the answer? Yes, sort of, maybe

Abstract:
Recently, there have been some powerful calls in the media for the law to adopt an affirmative consent model in relation to the law on rape. This article explores this proposal. It argues that while there is much that is attractive about the concept of affirmative consent, it needs considerable unpacking and explanation before it can be accepted. Indeed, if adopted at a simplistic level, it carries considerable dangers. The article presents six ambiguities around what is meant by affirmative consent but concludes with a proposal as to what an appropriate nuanced model of could look like.
Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1177/00220183241283212

Authors


More by this author
Institution:
University of Oxford
Division:
SSD
Department:
Law
Oxford college:
Exeter College
Role:
Author
ORCID:
0000-0001-7740-3850


Publisher:
SAGE Publications
Journal:
Journal of Criminal Law More from this journal
Volume:
89
Issue:
1
Pages:
16-28
Publication date:
2024-09-24
Acceptance date:
2024-09-16
DOI:
EISSN:
1740-5580
ISSN:
0022-0183


Language:
English
Keywords:
Pubs id:
2037430
Local pid:
pubs:2037430
Deposit date:
2024-10-27

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