I have written quite a few posts about the philosophy of consent and sexual assault over the past couple of years. This is obviously a controversial but important topic. For those who are interested, I have collected all the posts together in this handy index:
- Some notes on consent and sexual offences (Part One, Part Two) - An overview of some of the key issues in the philosophy of consent and the definition of sexual assault.
- Four Concepts of Consent and their Relevance to Sexual Offences - A detailed summary of Peter Westen's useful framework for thinking about consent and its role in the law of sexual offences.
- On Rubenfeld and the Riddle of Rape-by-Deception - My analysis and critique of Jed Rubenfeld's controversial take on rape-by-deception.
- Yes Means Yes: The Case for Affirmative Consent Standards in Sexual Offences: An attempt to present the best possible case for affirmative consent standards.
- Intoxicated Consent to Sexual Relations: A Map of Moral Claims: An effort to analyse the various moral positions one could take on the validity of consent whilst intoxicated.
- Voluntary Intoxication and Personal Responsibility: A follow up to the previous post, focusing on the link between intoxication and responsibility. Doesn't directly engage with the question of responsibility for sexual assault, though that lurks in the background.
- Drunken Consent to Sex and Personal Responsibility: An analysis of two arguments about the connection between personal responsibility and drunken consent to sex. The first, from Heidi Hurd, argues that anyone who is voluntarily intoxicated must take responsibility for their intoxicated consent to sex; the second, from Susan Estrich, argues the opposite. Both arguments are found lacking.
- A Rawlsian Approach to Intoxicated Consent to Sex? An outline of Alan Wertheimer's take on intoxicated consent to sex. Wertheimer thinks we can approach the setting of consent standards much like Rawls approaches the setting of standards of justice.
- Sexual Assault, Consent Apps and Technological Solutionism - My critique of the recent attempts to use smartphone apps to address issues surrounding consent and sexual assault.