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Books > Law > Laws of other jurisdictions & general law > Criminal law
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Consent, Stealthing and Desire-Based Contracting in the Criminal Law (Hardcover)
Loot Price: R1,580
Discovery Miles 15 800
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Consent, Stealthing and Desire-Based Contracting in the Criminal Law (Hardcover)
Series: Routledge Frontiers of Criminal Justice
Expected to ship within 10 - 15 working days
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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.
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