Digital Archive:
Consent and the Law
Accompanying Janet Halley’s Currents essay, “The Move to Affirmative Consent“
Other Digital Archive Pages:
Affirmative Consent | Campus Cultures & Title IX | Agency, Coercion, & Sexual Violence | Campaigns & Resources | Teachable Signs Articles
Online Articles
Kelsey Carroll, President Obama’s Definition of Rape Is a Sign of Progress, Feminist Majority Foundation, 2015
Mariame Kaba, Yes, Rape Survivors Do Engage in Restorative Justice Practice…., Prison Culture, 2015
Emily Owens, “Yes Means Yes” and the Problem of Consent in the Law, African American Intellectual History Society, 2014
Beth Richie, How Anti-Violence Activism Taught Me to Become a Prison Abolitionist, The Feminist Wire, 2015
Susan Sered, Prostitution, Decriminalization and the Problem of Consent, Susan Sered, 2015
Academic Articles
Sundari Anitha and Aisha Gill, Coercion, Consent and the Forced Marriage Debate in the UK, Feminist Legal Studies, 2009
Lillian Artz and Dee Smythe, Feminism vs. the State?: A Decade of Sexual Offences Law Reform in South Africa, Agenda: Empowering Women for Gender Equity, 2007
Larissa Behrendt, Consent in a (Neo)Colonial Society: Aboriginal Women as Sexual and Legal ‘Other,’ Australian Feminist Studies, 2000
Janine Benedet and Isabel Grant, Sexual Assault and the Meaning of Power and Authority for Women with Mental Disabilities, Feminist Legal Studies, 2014
Michal Buchhandler-Raphael, The Failure of Consent: Re-conceptualizing Rape as Sexual Abuse of Power, Michigan Journal of Gender & Law, 2011
Kristin Bumiller, Rape as a Legal Symbol: An Essay on Sexual Violence and Racism, University of Miami Law Review, 1987
Judith Butler, Sexual Consent: Some Thoughts on Psychoanalysis and Law, Columbia Journal of Gender and Law, 2011
Adrienne D. Davis, Bad Girls of Art and Law: Abjection, Power, and Sexuality Exceptionalism in (Kara Walker’s) Art and (Janet Halley’s) Law, Yale Journal of Law and Feminism, 2011
Sarah Deer, Toward an Indigenous Jurisprudence of Rape, Kansas Journal of Law and Public Policy, 2004
Sarah Deer, Decolonizing Rape Law: A Native Feminist Synthesis of Safety and Sovereignty, Wicazo Sa Review, 2009
Victoria J. Dettmar, Culpable Mistakes in Rape: Eliminating the Defense of Unreasonable Mistake of Fact as to Victim Consent, Dickinson Law Review, 1984
Katherine M. Franke, Theorizing Yes: An Essay on Feminism, Law and Desire, 2001
Jody Freeman, Feminist Debate over Prostitution Reform: Prostitutes’ Rights Groups, Radical Feminists, and the (Im)possibility of Consent, Berkeley Women’s Law Journal, 1989
Janet Halley, Prabha Kotiswaran, Hila Shamir, and Chantal Thomas, From the International to the Local in Feminist Legal Responses to Rape, Prostitution/Sex Work, and Sex Trafficking: Four Studies in Contemporary Governance Feminism, Harvard Journal of Law & Gender, 2006
Angela P. Harris, Race and Essentialism in Feminist Legal Theory, Stanford Law Review, 1990
Elizabeth M. Iglesias, Rape, Race, and Representation: The Power of Discourse, Discourses of Power, and the Reconstruction of Heterosexuality, Vanderbilt Law Review, 1996
Elizabeth Kolsky, The Body Evidencing the Crime: Rape on Trial in Colonial India 1860-1947, Gender & History, 2010
Chih-Chieh Lin, Failing to Achieve the Goal: A Feminist Perspective on Why Rape Law Reform in Taiwan Has Been Unsuccessful, Duke Journal of Gender Law & Policy, 2010
Lucy Reed Harris, Towards a Consent Standard in the Law of Rape, The University of Chicago Law Review, 1976
Carole Pateman, Women and Consent, Political Theory, 1980
Lois Pineau, Date Rape: A Feminist Analysis, Law and Philosophy, 1989
Ivana Radacic, Rape Myths and Gender Stereotypes in Croatian Rape Laws and Judicial Practice, Feminist Legal Studies, 2014
Sherene Razack,From Consent to Responsibility, from Pity to Respect: Subtexts in Cases of Sexual Violence Involving Girls and Women with Developmental Disabilities, Law & Social Inquiry, 1994
Dorothy E. Roberts, Rape, Violence, and Women’s Autonomy, Chicago-Kent Law Review, 1993
Sakthi Murthy, Rejecting Unreasonable Sexual Expectations: Limits on Using a Rape Victim’s Sexual History to Show the Defendant’s Mistaken Belief in Consent, California Law Review, 1991
Wolfgang Schomburg and Ines Peterson, Genuine Consent to Sexual Violence under International Criminal Law, The American Journal of International Law, 2007
Barbara Sullivan, Rape, Prostitution and Consent, Australian & New Zealand Journal of Criminology, 2007
Jayne Cortez, Rape, 2011 (via Prison Culture)
Related: Victoria Law discusses Inez Garcia and Joan Little in Decriminalizing Self-Defense, TruthOut, 2011
Ken Burns, David McMahon, and Sarah Burns, The Central Park Five, PBS, 2013
Books
Maria Bevacqua, Rape on The Public Agenda: Feminism and the Politics of Sexual Assault, Northeastern University Press, 2000
Kristin Bumiller, In an Abusive State: How Neoliberalism Appropriated the Feminist Movement against Sexual Violence, Duke University Press, 2008
Sarah Deer, The Beginning and End of Rape: Confronting Sexual Violence in Native America, University Of Minnesota Press, 2015
Estelle B. Freedman, Redefining Rape: Sexual Violence in the Era of Suffrage and Segregation, Harvard University Press, 2013
Pamela Haag, Consent: Sexual Rights and the Transformation of American Liberalism, Cornell University Press, 1999
Rosemary Hunter and Sharon Cowan, eds. Choice and Consent: Feminist Engagements with Law and Subjectivity, Routledge-Cavendish, 2007
Daniel I. O’Neill, Mary Lyndon Shanley, and Iris Marion Young, eds. Illusion of Consent: Engaging with Carole Pateman, Penn State University Press, 2008
Carole Pateman, The Sexual Contract, Stanford University Press, 1988
Merril D. Smith, ed. Sex without Consent : Rape and Sexual Coercion in America, New York University Press, 2002
Stephen J. Schulhofer, Unwanted Sex: The Culture of Intimidation and the Failure of Law, Harvard University Press, 2000
Susan Caringella, Addressing Rape Reform in Law and Practice, Columbia University Press, 2008
Susan Ehrlich, Representing Rape: Language and Sexual Consent, Routledge, 2001