Consent, Stealthing and Desire-Based Contracting in the Criminal Law

Consent, Stealthing, and Desire-Based Contracting in the Criminal Law explores the inconsistencies in the definitions of consent in sexual encounters by examining emerging sex crimes alongside changing community values and legal definitions. It argues that desire and pleasure are largely ignored by legal consent definitions and provides two case studies of emerging forms of sexual offending. The book offers a comparative analysis of common law and civil law countries and provides a brief history of the use of the term consent in relation to sexual offending. It is an innovative resource for students and researchers of criminal justice, criminal law, criminology, sociology, and gender studies.

Format: Hardback
Length: 136 pages
Publication date: 24 December 2021
Publisher: Taylor & Francis Ltd

Consent, Stealthing, and Desire-Based Contracting in the Criminal Law delves into the complexities surrounding the definitions of consent in sexual encounters by examining emerging sex crimes alongside evolving societal values and the shifting legal definitions of consent in sexual offending. This book sets itself apart through the utilization of empirically validated research methodologies and a comprehensive analysis of current legislative frameworks. It argues that the concept of desire and pleasure, which play a significant role in sexuality, are largely overlooked in legal consent definitions, despite their importance in a broader context. Through the exploration of two case studies, namely the criminalization of sadomasochistic sexual practices and the offense of "stealthing," the book examines how the law serves as both a blunt and underutilized tool in the policing of individuals' sexual relationships. The presence or absence of consent can transform a lawful sexual act between two people into a severe crime with far-reaching consequences for both the survivor and the offender. However, despite the global need for a consistent definition of consent, there remains no universal consensus across legal jurisdictions. A comparative analysis reveals similarities between common law countries and civil law countries. Additionally, the book provides a brief historical overview of the term "consent" in relation to sexual offending and examines the definitional and sociological prerequisites of conceptual consent across different historical periods. Spanning jurisdictions in the United States, the United Kingdom, and Australia, this book offers an innovative resource on consent-related issues, presented in a user-friendly format. It will appeal to students and researchers in criminal justice, criminal law, criminology, sociology, and gender studies, seeking to deepen their understanding of these critical topics.

Weight: 308g
Dimension: 143 x 223 x 15 (mm)
ISBN-13: 9780367710705