McCormack, S and Herring, J
(2025)
Is Affirmative Consent the Answer? Yes, Sort of, Maybe.
The Journal of Criminal Law, 89 (1).
pp. 16-28.
ISSN 0022-0183
DOI: https://doi.org/10.1177/00220183241283212
Abstract
Recently, there have been some powerful calls in the media for the law to adopt an affirmative consent model in relation to the law on rape. This article explores this proposal. It argues that while there is much that is attractive about the concept of affirmative consent, it needs considerable unpacking and explanation before it can be accepted. Indeed, if adopted at a simplistic level, it carries considerable dangers. The article presents six ambiguities around what is meant by affirmative consent but concludes with a proposal as to what an appropriate nuanced model of could look like.
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Divisions: | Leeds Law School |
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Identification Number: | https://doi.org/10.1177/00220183241283212 |
Status: | Published |
Refereed: | Yes |
Publisher: | SAGE Publications |
Additional Information: | McCormack, S. and Herring J., Is Affirmative Consent the Answer? Yes, Sort of, Maybe, The Journal of Criminal Law 89 (1) pp. 16-28. © The Author(s) 2024. DOI: 10.1177/00220183241283212 |
Uncontrolled Keywords: | 1801 Law; 4805 Legal systems |
SWORD Depositor: | Symplectic |
Depositing User (symplectic) | Deposited by Mc Cormack, Sorcha |
Date Deposited: | 20 Mar 2025 16:14 |
Last Modified: | 02 Apr 2025 09:42 |
Item Type: | Article |
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Note: this is the author's final manuscript and may differ from the published version which should be used for citation purposes.
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