Waubonsee Community College

Is it rape?, on acquaintance rape and taking women's consent seriously, Joan McGregor

eng

Includes bibliographical references (p. [249]-259) and index

index present

non fiction

Is it rape?

bibliography

54677441

Joan McGregor

"The series offers short, accessible studies addressing some of the most topical questions shared by moral philosophy and the social sciences. Written by leading figures who have published extensively in the chosen area, single-author volumes in the series review the most recent literature and identify what the author thinks are the most promising approaches to the live questions selected."--Jacket

Live questions in ethics and moral philosophy

on acquaintance rape and taking women's consent seriously

1. What is wrong with the criminal law of rape? -- Historical factors -- The facts about rape -- The problems with our views about rape -- The plan for the book -- 2. The historical treatment of rape -- Historical lessons -- The Model Penal Code -- An unfortunate conjunction -- Conclusion -- 3. Expanding the legal definition of rape -- No serious harm objection -- Lack of clear distinction -- Mens rea objection -- The paradox of acquaintance rape -- Patronizing to women objection -- Radical feminist objections to rape reform -- Liberal responses -- Assessing the objections -- The context of the problem -- Conclusion -- 4. Consent and autonomy -- Is consent the critical notion? -- The moral importance of consent -- Protecting sexual autonomy in the criminal law -- Who has sexual autonomy? -- What is consent? -- The ontology of consent : different conceptions -- Tacit consent -- The range of consent -- 5. Factors undermining consent : incapacitation -- When does 'yes' not mean yes? -- Internal constraints : alcohol -- Mental illness and retardation -- Age -- 6. External constraints -- Coercion -- Deception -- Conclusion -- 7. I thought she consented : the mens rea of rape -- Unreasonable beliefs about consent -- Is it reasonable to believe that 'no' means yes? -- Reasonable beliefs and social conventions -- 8. What is the harm of rape? -- How is the victim wronged? -- Moral injury to personal status -- Is consent all that matters? -- What about sadomasochists? -- Where do we go from here?