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The Australian National University

Tom Dougherty (Cambridge): Affirmative Consent

Date and time

Mon, 09/10/2017 - 12:30 - 14:00

Location

Coombs Seminar Room A

One of the most significant recent developments in sexual offence policy has been the proliferation of affirmative consent policies, which prohibit sexual activity with someone who has not acted in a way that clearly expresses her consent. I argue that if this prohibition has a proportionate sanction, such a policy can be defended on the grounds that we have a duty of due diligence investigate other people's willingness to participate in sexual activity. However, I pose a challenge for the view that communicative behaviour is necessary for valid consent from a moral point of view.

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