Citation

Alexandre M. Am. Univ. J. Gend. Soc. Policy Law 2007; 17(1): 41-78.

Affiliation

University of Mississippi School of Law

Copyright

(Copyright © 2007, College of Law, American University)

DOI

unavailable

PMID

unavailable

Abstract

The proposed continuum-based idea of consent honors women's autonomy: an autonomy that should be assumed in all sexual endeavors, while at the same time protecting women from predators. Unlike the current consent standard, this proposed standard is intent on preventing the risk that women will be punished for their sexual choices. The non-traditional rape victims, prostitutes, and women engaged in multi-partner sexual activities used as examples in this article are but a few examples of the myriad of women who are indelibly disadvantaged by the judgments judges and juries make about their sexual choices in the adjudication of rape cases. The continuum-based idea of consent also moves away from the pattern of treating sexual encounters as business transactions in which a purported contract cannot be breached by a woman without penalty. While it is abundantly clear that tackling the judicial system alone will not solve this problem, the judicial system, nonetheless, serves as an important site of reform. Along with the reformation of the judicial system into a gender bias-free system, there is, of course, an immense need to implement educational programs regarding the importance of respecting women's autonomy and choices in all aspects of our society.