Dsouza, M;
(2022)
False Beliefs and Consent to Sex.
The Modern Law Review
10.1111/1468-2230.12738.
(In press).
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Abstract
When, if ever, do mistaken beliefs render sexual activity non-consensual despite a person's seeming consent? I suggest that existing answers can be improved upon by paying due attention to two things, (1) that valid consent is often given through exercises of sexual autonomy that are, to different extents, unreflective rather than considered; and (2) that a belief can define both the object of consent, and a precondition for it. I propose that where V putatively consents to sexual activity with D, the falseness of a belief that V holds renders the sexual activity non-consensual when it means either that what happened to V fell outside the (consideredly or unreflectively selected) boundaries of the object of V's consent, or that a precondition that V consideredly set for her consent, had not been met.
| Type: | Article |
|---|---|
| Title: | False Beliefs and Consent to Sex |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.1111/1468-2230.12738 |
| Publisher version: | https://doi.org/10.1111/1468-2230.12738 |
| Language: | English |
| Additional information: | © 2022 The Authors. The Modern Law Review published by John Wiley & Sons Ltd on behalf of Modern Law Review Limited. This is an open access article under the terms of the Creative Commons Attribution-NonCommercial-NoDerivs License, which permits use and distribution in any medium, provided the original work is properly cited, the use is non-commercial and no modifications or adaptations are made. |
| Keywords: | Sexual consent, sexual autonomy, parameters, preconditions, false beliefs |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10141770 |
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