Why When She Says No She Doesn't Mean Maybe and Doesn't Mean Yes: A Critical Reconstruction of Consent, Sex, and The Law: Joan McGregor

Legal Theory 2 (3):175-208 (1996)
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Abstract

A little more than two years ago, a Texas woman, faced with a knife-wielding intruder demanding sex from her, tried to talk her attacker into wearing a condom to protect herself against the possibility of contracting AIDS. A grand jury refused to indict the man because jurors believed that the woman's act of self-protection implied that she had consented to sex.

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Joan Mcgregor
Arizona State University

References found in this work

Rape and Responsibility.Lynne Henderson - 1992 - Law and Philosophy 11 (1/2):127 - 178.
Setting penalties: What does rape deserve? [REVIEW]Michael Davis - 1984 - Law and Philosophy 3 (1):61 - 110.

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