Why when she says no she doesn't mean maybe and doesn't mean yes: A critical reconstruction of consent, sex, and the law

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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.

Original languageEnglish (US)
Pages (from-to)175-208
Number of pages34
JournalLegal Theory
Volume2
Issue number3
DOIs
StatePublished - 1996

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ASJC Scopus subject areas

  • Philosophy
  • Law

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