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Criminal Law Conversations$
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Paul H. Robinson, Stephen Garvey, and Kimberly Kessler Ferzan

Print publication date: 2011

Print ISBN-13: 9780199861279

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199861279.001.0001

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Rape Law Reform Based on Negotiation

Rape Law Reform Based on Negotiation

Beyond the No and Yes Models

Chapter:
(p.295) 14. Rape Law Reform Based on Negotiation
Source:
Criminal Law Conversations
Author(s):

Michelle J. Anderson

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199861279.003.0014

This chapter presents an authoritative overview of rape law reform based on negotiation, with particular emphasis on the “No” Model and the “Yes” Model with respect to the idea that rape is sex without consent. It examines three problems with the two models: victims often experience peritraumatic paralysis and dissociation during rape; men misinterpret women's nonverbal behavior as indicative of sexual consent; many people engage in heavy petting as a substitute for, or instead of, sexual penetration. It proposes a new model of rape law reform that eliminates the requirement of nonconsent and instead takes into account the centrality of negotiation, in which a person would be required to consult with his or her partner before sexual penetration occurs. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as self-deception, sex as contract, and conversation before sexual penetration.

Keywords:   rape law reform, negotiation, No Model, Yes Model, sex without consent, sexual consent, sexual penetration, self-deception

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