Document Type
Article
Publication Title
University of the Pacific Law Review
Abstract
In this paper, I argue that it is time—past time—to give workable content to the notion of sexual consent and to require it as a prerequisite to the penetration of another person. Before turning to the core of my argument, however, I will explain the precise form of consent that I defend. Although it should be uncontroversial that consent—whether favored or opposed—is something communicated by the totality of a person’s conduct, there remains potential ambiguity and significant disagreement about how such a requirement is best framed. In Part I, I describe alternative formulations of consent-by-conduct that are currently in play and identify the specific definition that I consider most appropriate. Part II then explains why consent, so understood, should always be a prerequisite to sexual penetration.
First Page
665
Volume
47
Publication Date
2016
Recommended Citation
Stephen J. Schulhofer,
Consent: What It Means and Why It’s Time to Require It,
47
University of the Pacific Law Review
665
(2016).
Available at:
https://gretchen.law.nyu.edu/fac-articles/1015
