scholarly journals “It doesn't include us”: Heterosexual bias and gay men's struggle to see themselves in affirmative consent policies

2021 ◽  
Author(s):  
Jacob W. Richardson
Keyword(s):  
Heterosexual Bias ◽  
Affirmative Consent

Genital Call and Genitals on Trial: by Giegold & Weiß (nGbK, 2014)

Screen Bodies ◽  
2016 ◽  
Vol 1 (2) ◽  
pp. 87-91
Author(s):  
Karen Fiss
Keyword(s):  
Sexual Assault ◽  
Male Student ◽  
The Other ◽  
Columbia University ◽  
The Law ◽  
Affirmative Consent

In California, where I live, an affirmative consent law was recently passed: often referred to as the “yes means yes” standard for sexual assault, it is now required of all colleges receiving state funds. Supporters of the law argue that campus rapists can no longer be exonerated because their victims did not resist or were incapacitated by fear, shame, or intoxication. On the other side of the country, a student at Columbia University became an icon in this ongoing legal struggle by carrying her mattress around with her everywhere, including to her graduation, as a sign of protest against the university’s refusal to expel the male student who raped her.

The Epistemology of Consent

2021 ◽  
pp. 348-386
Author(s):  
Alexander A. Guerrero
Keyword(s):  
Epistemic Justification ◽  
Moral Norms ◽  
The Right ◽  
Affirmative Consent ◽  
The Way

Philosophers spend a lot of time discussing what consent is. In this chapter, Alexander Guerrero suggests that there are also hard and important epistemological questions about consent and that debates about consent often mistake epistemological issues for metaphysical ones. People who defend so-called “affirmative consent” views sometimes are accused of, or even take themselves to be, offering a new, controversial view about the nature of consent. Guerrero argues that this is a mistake. The right way of understanding “affirmative consent” is as a view about what is required, epistemically, before one can justifiably believe that another person has consented. This view will be justified, if it is, because of background views about epistemic justification and the way epistemic justification interacts with moral norms governing action. Guerrero concludes by discussing the implications of this view for the morality and law regarding consent.

scholarly journals Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?

2013 ◽  
Vol 16 (1) ◽  
pp. 143-201 ◽  
Author(s):  
Lucinda Vandervort
Keyword(s):  
Legal Reasoning ◽  
Decision Makers ◽  
Sexual Consent ◽  
Legal Analysis ◽  
Voluntary Agreement ◽  
The Rule Of Law ◽  
Trial Judges ◽  
Stranger Danger ◽  
The Impact ◽  
Affirmative Consent

This article proposes a rigorous method to map the law on to the facts in the legal analysis of sexual consent using a series of mandatory questions of law designed to eliminate the legal errors often made by decision makers who routinely rely on personal beliefs about and attitudes toward “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well—acquaintances, supervisors or coworkers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges to truncate legal analysis of the facts and leap to erroneous conclusions about consent. Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of prejudgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and to produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used.

Heterosexual bias in the perception of loving relationships of gay males and lesbians

1987 ◽  
Vol 23 (2) ◽  
pp. 163-172 ◽  
Author(s):  
Ronald J. Testa ◽  
Bill N. Kinder ◽  
Gail Ironson
Keyword(s):  
Gay Males ◽  
Heterosexual Bias

Un-Straightening Boaz in Ruth Scholarship

2015 ◽  
Vol 23 (4-5) ◽  
pp. 541-552
Author(s):  
Brett Krutzsch
Keyword(s):  
Sexual Desires ◽  
Heterosexual Attraction ◽  
Heterosexual Bias

Scholarly interpretations of Boaz’s sexuality in the book of Ruth largely assume that Boaz experiences sexual desires for Ruth specifically and for women generally. This essay will highlight the heterosexual bias that has commonly framed scholarly interpretations of Boaz and that imposes heterosexual attraction into the text. This essay illustrates that Boaz’s sexuality, far from an obvious aspect of the text, is largely produced through interpretive imagination. Although some scholars have questioned Ruth’s sexuality and her relationship with Naomi, Boaz’s sexuality has largely remained under-analyzed, leaving in place the assumption that the text is clear about his desires for women.


Affirmative Consent and Safer, Hotter Sex

2011 ◽  
Vol 49 (2-3) ◽  
pp. 303-304
Author(s):  
Tiffany M. Mueller ◽  
Zoë D. Peterson
Keyword(s):  
Affirmative Consent
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