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- Title
From No Means No to Only Yes Means Yes: The Rational Results of an Affirmative Consent Standard in Rape Law.
- Authors
Little, Nicholas J.
- Abstract
The article presents the rational results of an Affirmative Consent Standard in Rape Law. No other group of crimes inspires the degree of argument over what should constitute an offense as do sexual crimes like rape. The law gradually accepted that threats of physical violence were sufficient to negate the resistance requirements in certain situations, such as when the woman is threatened with a gun or knife. An affirmative consent standard requires that, for sex to be considered consensual, it must have been consented to by the woman in advance.
- Subjects
RAPE laws; CONSENT (Law); HUMAN sexuality &; law; VIOLENCE (Law); CRIMES against women; THREATS
- Publication
Vanderbilt Law Review, 2005, Vol 58, Issue 4, p1321
- ISSN
0042-2533
- Publication type
Article