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7 - Imposing Sex

from Part II - Sex

Published online by Cambridge University Press:  26 October 2024

Chloë Kennedy
Affiliation:
University of Edinburgh
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Summary

This chapter charts the processes by which deceptive sex came to be regarded as potentially constituting rape. Through tracing these developments, the chapter shows how doctrinal features of the law, such as the way consent and deception are thought to be related and the modes of deception punished by law, were important to this process. Yet the chapter also argues that to fully appreciate how and why the changes occurred, it is necessary to pay attention to the array of interests the law has sought to protect and how these have shaped the range of topics of deception that might ground a charge of rape. This argument leads to the conclusion that, in the context of deceptive sex, deception has not been considered wrongful because it invalidates or precludes consent, as is commonly thought; rather, deception has invalidated or precluded consent because it has sometimes been considered wrongful. The chapter ends by introducing some reasons why this insight is important to ongoing debates regarding the criminalisation of deceptive sex.

Type
Chapter
Information
Inducing Intimacy
Deception, Consent and the Law
, pp. 169 - 198
Publisher: Cambridge University Press
Print publication year: 2024

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  • Imposing Sex
  • Chloë Kennedy, University of Edinburgh
  • Book: Inducing Intimacy
  • Online publication: 26 October 2024
  • Chapter DOI: https://doi.org/10.1017/9781009361095.009
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  • Imposing Sex
  • Chloë Kennedy, University of Edinburgh
  • Book: Inducing Intimacy
  • Online publication: 26 October 2024
  • Chapter DOI: https://doi.org/10.1017/9781009361095.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Imposing Sex
  • Chloë Kennedy, University of Edinburgh
  • Book: Inducing Intimacy
  • Online publication: 26 October 2024
  • Chapter DOI: https://doi.org/10.1017/9781009361095.009
Available formats
×