Is affirmative consent the answer? Yes, sort of, maybe

Recently, there have been some powerful calls in the media for the law to adopt an affirmative consent model in relation to the law on rape. This article explores this proposal. It argues that while there is much that is attractive about the concept of affirmative consent, it needs considerable unpa...

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Main Authors: McCormack, S, Herring, J
Format: Journal article
Language:English
Published: SAGE Publications 2024
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author McCormack, S
Herring, J
author_facet McCormack, S
Herring, J
author_sort McCormack, S
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description Recently, there have been some powerful calls in the media for the law to adopt an affirmative consent model in relation to the law on rape. This article explores this proposal. It argues that while there is much that is attractive about the concept of affirmative consent, it needs considerable unpacking and explanation before it can be accepted. Indeed, if adopted at a simplistic level, it carries considerable dangers. The article presents six ambiguities around what is meant by affirmative consent but concludes with a proposal as to what an appropriate nuanced model of could look like.
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spelling oxford-uuid:a5bd80dc-dfe1-4143-a594-2e64be7e40782024-12-02T11:01:03ZIs affirmative consent the answer? Yes, sort of, maybeJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:a5bd80dc-dfe1-4143-a594-2e64be7e4078EnglishSymplectic ElementsSAGE Publications2024McCormack, SHerring, JRecently, there have been some powerful calls in the media for the law to adopt an affirmative consent model in relation to the law on rape. This article explores this proposal. It argues that while there is much that is attractive about the concept of affirmative consent, it needs considerable unpacking and explanation before it can be accepted. Indeed, if adopted at a simplistic level, it carries considerable dangers. The article presents six ambiguities around what is meant by affirmative consent but concludes with a proposal as to what an appropriate nuanced model of could look like.
spellingShingle McCormack, S
Herring, J
Is affirmative consent the answer? Yes, sort of, maybe
title Is affirmative consent the answer? Yes, sort of, maybe
title_full Is affirmative consent the answer? Yes, sort of, maybe
title_fullStr Is affirmative consent the answer? Yes, sort of, maybe
title_full_unstemmed Is affirmative consent the answer? Yes, sort of, maybe
title_short Is affirmative consent the answer? Yes, sort of, maybe
title_sort is affirmative consent the answer yes sort of maybe
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