Consent, Stealthing and Desire-Based Contracting in the Criminal
Law examines the inconsistencies in the definitions of consent in
sexual encounters by examining emerging sex crimes alongside
changing community values and the changing legal definitions of
consent in sexual offending, focusing on common law and civil law
countries. This book distinguishes itself through the use of
empirically validated research strategies and an in-depth analysis
of current legislative regimes. It argues that desire and pleasure
are largely ignored by legal consent definitions, despite its
importance in sexuality more broadly. Using two case studies of
emerging forms of sexual offending, the criminalisation of
sadomasochistic sexual practices and the offence of
‘stealthing’, it examines how the law is both a blunt and
under-utilised instrument in the policing of people’s sexual
relationships. The presence or absence of consent can change a
lawful sexual act between two people into a serious crime with
potentially devastating consequences to both survivor and offender.
Yet there remains no consistent definition of consent applied
within and between legal jurisdictions across the world. A
comparative analysis reveals parallels between common law countries
and civil law countries. The book also provides a brief history of
the use of term consent in relation to sexual offending and
examines definitional and sociological requirements of conceptual
consent across history. Covering jurisdictions in the US, UK, and
Australia, providing an innovative resource on issues relating to
consent presented in an accessible way, this book will appeal to
students and researchers of criminal justice, criminal law,
criminology, sociology and gender studies.
General
| Imprint: |
Routledge
|
| Country of origin: |
United Kingdom |
| Series: |
Routledge Frontiers of Criminal Justice |
| Release date: |
September 2023 |
| Authors: |
Brianna Chesser
• Nadia David
• April Zahra
|
| Dimensions: |
216 x 138mm (L x W) |
| Pages: |
136 |
| ISBN-13: |
978-0-367-76123-3 |
| Categories: |
Books
|
| LSN: |
0-367-76123-8 |
| Barcode: |
9780367761233 |
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