Sexual Activity, Consent, Mistaken Belief, and Mens Rea

Abstract
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
Keywords sex  consent
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 12,084
External links
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
Igor Primoratz (2001). Sexual Morality: Is Consent Enough? [REVIEW] Ethical Theory and Moral Practice 4 (3):201-218.
Eric Chwang (2009). A Defense of Subsequent Consent. Journal of Social Philosophy 40 (1):117-131.
Analytics

Monthly downloads

Added to index

2011-01-09

Total downloads

8 ( #179,094 of 1,101,921 )

Recent downloads (6 months)

1 ( #306,569 of 1,101,921 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.