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Tina Sikka explores many of the contradictions and tensions that make up the increasingly fraught debates about sex, consent, feminism, justice, law and gender relations and new movements including #MeToo and #TimesUp. She looks in particular at contemporary understandings of justice, violence, consent, pleasure and desire.
When we talk about sex—whether great, good, bad, or unlawful—we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy? What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex. Joseph J. Fischel argues that the consent paradigm, while necessary for effective sexual assault law, diminishes and perverts our ideas about desire, pleasure, and injury. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. Fischel proposes instead that sexual justice turns more productively on concepts of sexual autonomy and access. Clever, witty, and adeptly researched, Screw Consent promises to change how we understand consent, sexuality, and law in the United States today.
A pathbreaking work for the next stage of the #MeToo movement, showing how we can address sexual harms with fairness to both victims and the accused, and exposing the sexism that shapes today's contentious debates about due process Over the past few years, a remarkable number of sexual harassment victims have come forward with their stories, demanding consequences for their assailants and broad societal change. Each prominent allegation, however, has also set off a wave of questions – some posed in good faith, some distinctly not – about the rights of the accused. The national conversation has grown polarized, inflamed by a public narrative that wrongly presents feminism and fair process as warring interests. Sexual Justice is an intervention, pointing the way to common ground. Drawing on core principles of civil rights law, and the personal experiences of victims and the accused, Alexandra Brodsky details how schools, workplaces, and other institutions can – indeed, must – address sexual harms in ways fair to all. She shows why these allegations cannot be left to police and prosecutors alone, and outlines the key principles of fair proceedings outside the courts. Brodsky explains how contemporary debates continue the long, sexist history of “rape exceptionalism,” in which sexual allegations are treated as uniquely suspect. And she calls on readers to resist the anti-feminist backlash that hijacks the rhetoric of due process to protect male impunity. Vivid and eye-opening, at once intellectually rigorous and profoundly empathetic, Sexual Justice clears up common misunderstandings about sexual harassment, traces the forgotten histories that underlie our current predicament, and illuminates the way to a more just world.
Sex, Sexuality, Law, and (In)Justice covers a wide range of legal issues associated with sexuality, gender, reproduction, and identity. These are critical and sensitive issues that law enforcement and other criminal justice professionals need to understand. The book synthesizes the literature across a wide breadth of perspectives, exposing students to law, psychology, criminal justice, sociology, philosophy, history, and, where relevant, biology, to critically examine the social control of sex, gender, and sexuality across history. Specific federal and state case law and statutes are integrated throughout the book, but the text moves beyond the intersection between law and sexuality to focus just as much on social science as it does on law. This book will be useful in teaching courses in a range of disciplines—especially criminology and criminal justice, history, political science, sociology, women and gender studies, and law.
"Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual or unwanted, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, revenge porn, and female genital mutilation. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of the criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice. The book develops a framework for harmonization in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape-as-unconsented-to-sex, rape-by-deceit, rape-by-coercion, rape of a person who lacks capacity to consent, statutory rape, abuse of position, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia"--
Autonomy is fundamental to liberalism. But autonomous individuals often choose to do things that harm themselves or undermine their equality. In particular, women often choose to participate in practices of sexual inequality&—cosmetic surgery, gendered patterns of work and childcare, makeup, restrictive clothing, or the sexual subordination required by membership in certain religious groups. In this book, Clare Chambers argues that this predicament poses a fundamental challenge to many existing liberal and multicultural theories that dominate contemporary political philosophy. Chambers argues that a theory of justice cannot ignore the influence of culture and the role it plays in shaping choices. If cultures shape choices, it is problematic to use those choices as the measure of the justice of the culture. Drawing upon feminist critiques of gender inequality and poststructuralist theories of social construction, she argues that we should accept some of the multicultural claims about the importance of culture in shaping our actions and identities, but that we should reach the opposite normative conclusion to that of multiculturalists and many liberals. Rather than using the idea of social construction to justify cultural respect or protection, we should use it to ground a critical stance toward cultural norms. The book presents radical proposals for state action to promote sexual and cultural justice.
Revisiting the doctrine of implied consent in Canadian sexual assault law.
An important discussion of philosophical issues surrounding consent to sexual relations.
This book examines the justice gap and trial process for sexual assault against both adults and children in two jurisdictions: England and Wales and New South Wales, Australia. Drawing on decades of research, it investigates the reality of the policing and prosecution of sexual assault offences – often seen as one of the ‘hardest crimes to prosecute’ – across two similar jurisdictions. Despite the introduction of the many reform options detailed in the book, satisfactory outcomes for victims and the public are still difficult to obtain. Cossins takes a new approach by examining the nature and effects of adversarialism on vulnerable witnesses, jury decision-making and the structures of power within the trial process, to show how, and at what points, that process is weighted against complainants of sexual assault, in order to make evidence-based suggestions for reform. She argues that this justice gap is a result of a moralistic adversarial culture which fosters myths and misconceptions about rape and child sexual assault, thus requiring the prosecution to prove a complainant’s moral worthiness. She argues this culture can only be eliminated by a radical replacement of the adversarial system with a trauma-informed system. By reviewing the relevant psychological literature, this book documents the triggers for re-traumatisation within an adversarial trial, and discusses the reform measures that would be necessary to transform the sexual assault trial from one where the complainant’s moral worthiness is ‘on trial’ to a fully functioning trauma-informed system. It speaks to students and academics across subjects including law, criminology, gender studies and psychology, and practitioners in law and victim services, as well as policy-makers.
Examines the sexual beliefs and practices of different religions, cultures, genders, and relationships to propose a modern-day framework on the topic that is more focused on love rather than sex.