Sex Without Consent

A group of men rape an intoxicated fifteen year old girl to "make a woman of her." An immigrant woman is raped after accepting a ride from a stranger. A young mother is accosted after a neighbor escorts her home. In another case, a college frat party is the scene of the crime. Although these incidents appear similar to accounts one can read in the newspapers almost any day in the United States, only the last one occurred in this century. Each, however, involved a woman or girl compelled to have sex against her will. Sex without Consent explores the experience, prosecution, and meaning of rape in American history from the time of the early contact between Europeans and Native Americans to the present. By exploring what rape meant in particular times and places in American history, from interracial encounters due to colonization and slavery to rape on contemporary college campuses, the contributors add to our understanding of crime and punishment, as well as to gender relations, gender roles, and sexual politics.

An introduction to issues of sexual consent, covering key strands of feminist thought, how sexual consent is negotiated in practice, the influence of popular culture, and more. The #MeToo movement has focused public attention on the issue of sexual consent. People of all genders, from all walks of life, have stepped forward to tell their stories of sexual harassment and violation. In a predictable backlash, others have taken to mass media to inquire plaintively if “flirting” is now forbidden. This volume in the MIT Press Essential Knowledge series offers a nuanced introduction to sexual consent by a writer who is both a scholar and an activist on this issue. It has become clear from discussions of the recent high-profile cases of Harvey Weinstein, Bill Cosby, and others that there is no clear agreement over what constitutes consent or non-consent and how they are expressed and perceived in sexual situations. This book presents key strands of feminist thought on the subject of sexual consent from across academic and activist communities and covers the history of research on consent in such fields as psychology and feminist legal studies. It discusses how sexual consent is negotiated in practice, from “No means no” to “Yes means yes,” and describes what factors might limit individual agency in such negotiations. It examines how popular culture, including pornography, romance fiction, and sex advice manuals, shapes our ideas of consent; explores the communities at the forefront of consent activism; and considers what meaningful social change in this area might look like. Going beyond the conventional cisgender, heterosexual norm, the book lists additional resources for those seeking to improve their practice of consent, survivors of sexual violence, and readers who want to understand contemporary debates on this issue in more depth.

The pressing need to break the silence on non-consensual sex among young people – an issue shrouded by denial, underreporting and stigma – is self-evident. Despite the growing body of research regarding young people’s sexual behaviours, the study of coercive sexual experiences has generally been overlooked by both researchers and national programmes. Available evidence has been scattered and unrepresentative and despite this evidence, non-consensual sex among young people is perceived to be a rare occurrence. This volume dispels any such misconception. It presents a disturbing picture of non-consensual sex among girls as well as boys, and among married as well as unmarried young women in a variety of settings. This volume documents, moreover, the expanse of non-consensual experiences that young people face – from unwanted touch to forced penetrative sex and gang rape. Although the focus is on young females, the volume also sheds light on the experience of young males as both victims and perpetrators. This pioneering volume highlights key factors placing young people at risk, whilst outlining the significant distinctive health and social implications they face. Sex Without Consent also documents the unsupportive – and sometimes abusive or negligent – roles of families, teachers, health care providers and law enforcement agents, outlines promising efforts intended to prevent non-consensual sex or support survivors, and argues for profound changes in norms and values that tolerate or encourage non-consensual sex. The editors, based at the Population Council (New Delhi), the World Health Organization (Geneva), and Family Health International (Virginia) argue compellingly for a radical review and reform of existing programmes designed to prevent this kind of abuse and to support young survivors of sexual trauma in the developing world. Addressing the magnitude, determinants and consequences of sex without consent, this volume provides evidence-based directions for programming.

In R. v. Ewanchuk, the Supreme Court of Canada held that sexual touching must be accompanied by express, contemporaneous consent. In doing so, the Court rejected the idea that sexual consent could be "implied." Ewanchuk was a landmark ruling, reflecting a powerful commitment to women's equality and sexual autonomy. In articulating limits on the circumstances under which women can be said to "consent" to sexual touching, however, the decision also restricts their autonomy - specifically, by denying them a voice in determining the norms that should govern their intimate relationships and sexual lives. In Implied Consent and Sexual Assault, Michael Plaxton argues that women should have the autonomy to decide whether, and under what circumstances, sexual touching can be appropriate in the absence of express consent. Though caution should be exercised before resurrecting a limited doctrine of implied consent, there are reasons to think that sexual assault law could accommodate a doctrine without undermining the sexual autonomy or equality rights of women. In reaching this conclusion, Plaxton challenges widespread beliefs about autonomy, consent, and the objectives underpinning the offence of sexual assault in Canada. Drawing upon a range of contemporary criminal law theorists and feminist scholars, Implied Consent and Sexual Assault reconsiders the nature of mutuality in a world dominated by gender norms, the proper scope of criminal law, and the true meaning of sexual autonomy.

A group of men rape an intoxicated fifteen year old girl to "make a woman of her." An immigrant woman is raped after accepting a ride from a stranger. A young mother is accosted after a neighbor escorts her home. In another case, a college frat party is the scene of the crime. Although these incidents appear similar to accounts one can read in the newspapers almost any day in the United States, only the last one occurred in this century. Each, however, involved a woman or girl compelled to have sex against her will. Sex without Consent explores the experience, prosecution, and meaning of rape in American history from the time of the early contact between Europeans and Native Americans to the present. By exploring what rape meant in particular times and places in American history, from interracial encounters due to colonization and slavery to rape on contemporary college campuses, the contributors add to our understanding of crime and punishment, as well as to gender relations, gender roles, and sexual politics.

Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.

A group of men rape an intoxicated fifteen year old girl to "make a woman of her." An immigrant woman is raped after accepting a ride from a stranger. A young mother is accosted after a neighbor escorts her home. In another case, a college frat party is the scene of the crime. Although these incidents appear similar to accounts one can read in the newspapers almost any day in the United States, only the last one occurred in this century. Each, however, involved a woman or girl compelled to have sex against her will. Sex without Consent explores the experience, prosecution, and meaning of rape in American history from the time of the early contact between Europeans and Native Americans to the present. By exploring what rape meant in particular times and places in American history, from interracial encounters due to colonization and slavery to rape on contemporary college campuses, the contributors add to our understanding of crime and punishment, as well as to gender relations, gender roles, and sexual politics.

Considered a classic in its field, this comprehensive guide will help survivors of sexual abuse improve their relationships and discover the joys of sexual intimacy. Wendy Maltz takes survivors step-by-step through the recovery process using groundbreaking exercises and techniques. Based on the author's clinical work, interviews, and workshops, this guide is filled with first-person accounts of women and men at every stage of sexual healing. This compassionate resource helps survivors to: Identify the sexual effects of sexual abuse Eliminate negative sexual behavior and resolve specific problems Gain control over upsetting automatic reactions to touch and sex Develop a healthy sexual self-concept