Tools
Is it rape? : on acquaintance rape and taking women's consent seriously
- Author
- McGregor, Joan.
- Title
- Is it rape? : on acquaintance rape and taking women's consent seriously / Joan McGregor.
- Format
- Book
- Published
- Aldershot, Hampshire, England ; Burlington, VT : Ashgate, c2005.
- Description
- x, 267 p. ; 23 cm.
- Uniform series
- Live questions in ethics and moral philosophy.
- Notes
- Includes bibliographical references (p. [249]-259) and index.
- Contents
-
- 1. What is wrong with the criminal law of rape?
- Historical factors
- The facts about rape
- The problems with our views about rape
- The plan for the book
- 2. The historical treatment of rape
- Historical lessons
- The Model Penal Code
- An unfortunate conjunction
- Conclusion
- 3. Expanding the legal definition of rape
- No serious harm objection
- Lack of clear distinction
- Mens rea objection
- The paradox of acquaintance rape
- Patronizing to women objection
- Radical feminist objections to rape reform
- Liberal responses
- Assessing the objections
- The context of the problem
- Conclusion
- 4. Consent and autonomy
- Is consent the critical notion?
- The moral importance of consent
- Protecting sexual autonomy in the criminal law
- Who has sexual autonomy?
- What is consent?
- The ontology of consent : different conceptions
- Tacit consent
- The range of consent
- 5. Factors undermining consent : incapacitation
- When does 'yes' not mean yes?
- Internal constraints : alcohol
- Mental illness and retardation
- Age
- 6. External constraints
- Coercion
- Deception
- Conclusion
- 7. I thought she consented : the mens rea of rape
- Unreasonable beliefs about consent
- Is it reasonable to believe that 'no' means yes?
- Reasonable beliefs and social conventions
- 8. What is the harm of rape?
- How is the victim wronged?
- Moral injury to personal status
- Is consent all that matters?
- What about sadomasochists?
- Where do we go from here?
- Kinsey subjects
- Rape.
- ISBN
- 0754650669 (pbk. : alk. paper) 9780754650669 (pbk. : alk. paper)