Word: consent
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Council members left in a "grey area" those cases in which the initiator "fails to elicit consent resulting in the physical or psychological harm of the victim." They dubbed this new category of sexual crime "sexual negligence"--those cases in which the alleged victim expressed neither consent nor lack of consent...
...Date Rape Task Force was right to adopt a definition of rape as any sexual act "that occurs without the expressed consent of the person....." This makes it incumbent on initiators of sex to obtain a specific...
...COUNCIL members who suggested the change recognized that silence does not indicate consent. Separation of these cases opens a door for insensitive judges (in this case, Harvard Ad Board members) to interpret the standard more broadly--perhaps even to excuse the crime due to lack of dissent...
STILL, PROBLEMS remain with judging these cases. The parties involved may have legitimate dispute over whether consent or dissent or neither was expressed...
...easy to do what the U.C. and the Salient did, which was to assume that because the Date Rape Task Force's recommendation called for the initiator of sex to acquire consent from his or her partner before intercourse, unfair burdens were placed on men and not women. Reeder wrote in her article that while "ideally, no man would have sex with a woman unless he is certain that she wants to do it," the Task Force's recommendation that men ask before engaging in sex is a "call for male sensitivity" that is "a moral command, not a legal...