Michelle Madden Dempsey (Villanova University School of Law) has posted The Normative Force of Consent in Moral, Political, and Legal Perspective (in Tatjana Hörnle (ed.), SEXUAL ASSAULT AND RAPE — WHAT CAN WE LEARN FROM AND FOR LAW REFORM? (Oxford University Press)) on SSRN. Here is the abstract:
Does sex require justification? If so, what role does consent play in providing such justification? Here I argue the answer to these questions depends on the normative perspective at issue: moral, political, or legal. Part one explains each perspective. Parts two, three, and four examine the normative force of consent to sex when viewed from each perspective. The conclusion briefly considers the relevance of this analysis for criminal law reform regarding sexual offenses.
Highly recommended.