Why When She Says No She Doesn't Mean Maybe and Doesn't Mean Yes: A Critical Reconstruction of Consent, Sex, and The Law-Reference-Cited by-同舟云学术

Why When She Says No She Doesn't Mean Maybe and Doesn't Mean Yes: A Critical Reconstruction of Consent, Sex, and The Law

Published:1996-09 Issue:3 Volume:2 Page:175-208
ISSN:1352-3252
Container-title:Legal Theory
language:en
Short-container-title:Legal Theory

Author:

McGregor Joan

Abstract

A little more than two years ago, a Texas woman, faced with a knife-wielding intruder demanding sex from her, tried to talk her attacker into wearing a condom to protect herself against the possibility of contracting AIDS. A grand jury refused to indict the man because jurors believed that the woman's act of self-protection implied that she had consented to sex.

Publisher

Cambridge University Press (CUP)

Subject

Law,Philosophy

Reference44 articles.

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3. Wigmore J.H. , Evidence in Trials at Common Law, rev

4. People v. Evans. 85 Misc. 2d 1088, 379 N.Y.S. 2d 912 (1975).

5. MacKinnon , supra note 1 at 173

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