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Law General

Implied Consent and Sexual Assault

Intimate Relationships, Autonomy, and Voice

by (author) Michael Plaxton

Publisher
McGill-Queen's University Press
Initial publish date
Nov 2015
Category
General
  • Paperback / softback

    ISBN
    9780773546202
    Publish Date
    Dec 2015
    List Price
    $40.95
  • Hardback

    ISBN
    9780773546196
    Publish Date
    Dec 2015
    List Price
    $100.00
  • eBook

    ISBN
    9780773597938
    Publish Date
    Nov 2015
    List Price
    $100.00

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Description

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.

About the author

Michael Plaxton is associate professor of law at the University of Saskatchewan.

Michael Plaxton's profile page

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