David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Philosophy in the Contemporary World 3 (1):19-22 (1996)
The gendered subcultures of our society may have different value systems. Consequently, sexual activity that involves members of these subcultures may be problematic, especially concerning the encoding and decoding of consent. This has serious consequences for labelling the activity as sex or sexual assault. Conceiving consent not as a mental act but as a behavioural act (that is, using a performative standard) would eliminate these problems. However, if we remove the mental element from one aspect, then to be consistent we must remove it from all; and, as a result, the “mistaken belief” defense would be eliminated and mens rea would become insignificant (in other words, if what the woman means is irrelevant, then what the man believes or intends should also be irrelevant). This consequence suggests major changes to our current conceptions of legal justice, which changes, if undesirable, prompt reconsideration of the initial proposal to use a performative standard for consent
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Lucinda Vandervort (2004). Honest Beliefs, Credible Lies, and Culpable Awareness: Rhetoric, Inequality, and Mens Rea in Sexual Assault. Osgoode Hall Law Journal 42 (4):625-660.
Jami L. Anderson, Comprehending the Distinctively Sexual Nature of the Conduct. Sex, Drugs and Rock and Roll.
Igor Primoratz (2001). Sexual Morality: Is Consent Enough? [REVIEW] Ethical Theory and Moral Practice 4 (3):201-218.
David Archard (2007). Is It Rape? On Acquaintance Rape and Taking Women's Consent Seriously - by Joan McGregor, Making Sense of Sexual Consent - by Mark Cowling & Paul Reynolds, the Logic of Consent, the Diversity and Deceptiveness of Consent as a Defence to Criminal Conduct - by Peter Westen, and Consent to Sexual Relations - by Lan Wertheimer. Journal of Applied Philosophy 24 (2):209–221.
Ben Spiecker & Jan Steutel (2002). Sex Between People with "Mental Retardation": An Ethical Evaluation. Journal of Moral Education 31 (2):155-169.
R. M. (2004). Understanding Acts of Consent: Using Speech Act Theory to Help Resolve Moral Dilemmas and Legal Disputes. Law and Philosophy 23 (5):495-525.
Douglas Husak (2006). The Complete Guide to Consent to Sex: Alan Wertheimer's Consent to Sexual Relations. [REVIEW] Law and Philosophy 25 (2):267-287.
Eric Chwang (2009). A Defense of Subsequent Consent. Journal of Social Philosophy 40 (1):117-131.
Lucinda Vandervort (2005). Sexual Assault: Availability of the Defence of Belief in Consent. Canadian Bar Review 84 (1):89-105.
Mal Leicester & Pam Cooke (2002). Rights Not Restrictions for Learning Disabled Adults: A Response to Spiecker and Steutel. Journal of Moral Education 31 (2):181-187.
Mary E. Carr & Alda L. Moettus (2010). Developing a Policy for Sexual Assault Examinations on Incapacitated Patients and Patients Unable to Consent. Journal of Law, Medicine and Ethics 38 (3):647-653.
Rosemarie Putnam Tong (1999). David Archard, Sexual Consent:Sexual Consent. Ethics 109 (3):643-644.
Deborah Bowman (2011). Informed Consent: A Primer for Clinical Practice. Cambridge University Press.
Added to index2011-01-09
Total downloads9 ( #180,013 of 1,679,387 )
Recent downloads (6 months)1 ( #183,003 of 1,679,387 )
How can I increase my downloads?