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 uses two case studies to demonstrate how the law is both a blunt and under-utilized instrument in the policing of sexual relationships. The book provides a comparative analysis of common law and civil law countries and offers 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: Paperback / softback
Length: 136 pages
Publication date: 25 September 2023
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, exploring the inconsistencies in these definitions in light of emerging sex crimes, evolving community values, and changing legal definitions of consent in sexual offending. This book stands out by employing empirically validated research strategies and conducting an in-depth analysis of current legislative regimes. It argues that the legal concept of consent often overlooks the significance of desire and pleasure in sexuality, despite their crucial role in broader sexual experiences. Through the examination of two case studies—the criminalization of sadomasochistic sexual practices and the offense of "stealthing"—the book explores how the law serves as both a blunt and under-utilized instrument in policing people's sexual relationships. The presence or absence of consent can transform a lawful sexual act between two individuals 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 history of the term "consent" in relation to sexual offending and examines the definitional and sociological requirements of conceptual consent across different historical periods. Spanning jurisdictions in the US, UK, and Australia, this book offers an innovative resource on issues related to consent, 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 understand the complexities and nuances of consent in the criminal law context.

Weight: 202g
Dimension: 139 x 216 x 11 (mm)
ISBN-13: 9780367761233