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Timing of consent

In: The Timing of Lawmaking

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  • Jacob E. Gersen
  • Jeannie Suk

Abstract

Consent distinguishes certain criminal acts from non-criminal ones. Sex without consent is sexual assault. Sex with valid consent is just, well, sex. In this chapter, we focus on one particular aspect of consent to sex – the timing of consent. That is, not whether consent is given, how consent is given, or the scope of consent that is given, but rather when consent is given. More precisely, we explore the relation between the timing of consent and these other aspects of the consent calculus, in light of the changing definitions of sexual assault in criminal law and university sexual misconduct codes. In this setting, retrospective consent offers a partial corrective for definitions of sexual misconduct that render most sex technically a violation. Keywords: sexual assault, consent, retrospective, retroactivity

Suggested Citation

  • Jacob E. Gersen & Jeannie Suk, 2017. "Timing of consent," Chapters, in: Frank Fagan & Saul Levmore (ed.), The Timing of Lawmaking, chapter 7, pages 149-170, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:16931_7
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    Economics and Finance; Law - Academic;

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