Sexual assault: Availability of the defence of belief in consent
| Abstract | Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations in Canada. | |||||||||
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Similar books and articlesR. 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.
Rosemarie Putnam Tong (1999). David Archard, Sexual Consent:Sexual Consent. Ethics 109 (3):643-644.
P. Markwick (2002). Harming Consent. Res Publica 8 (2).
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.
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.
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