The duties of the penetrator and the limits of consent

The core claim of this article will be that where A plans to sexually penetrate another, he has a duty to ensure the penetration is justified. We will argue that these duties are both negative (to avoid certain kinds of conduct) and positive (to ensure that the other party is able to express her consent (richly understood)). Rape trials and legal scholarship too often focus on the victim and her state of mind. This article argues that the focus should be on the penetrator and whether he was justified in acting in the way he did. This requires a careful assessment of the limited circumstances in which consent might provide a justification.

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