Criminal Law

Legal Temporalities of Sexual Consent

By Caroline Derry
Edinburgh University Press January 2025

Specifications

ISBN-13
9781399514798
Publisher
Edinburgh University Press
Publication
January 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

Explores law’s constructions of time, illuminating key problems for sexual consent law and offering potential solutions.

  • Presents a fresh and comprehensive approach to a challenging and controversial area of law
  • Explores current debates on sexual consent, its deployment in criminal law, and underlying approaches to gender, sexuality, autonomy and agency
  • Adopts temporalities as a framework for evaluating issues and potential legal reforms
  • Offers an approach relevant to common law jurisdictions beyond England and Wales and areas of criminal law
  • Argues for changes in the court's interpretation of the Sexual Offences Act 2003

This book offers new perspectives on two key themes: the criminal law of sexual consent and the temporalities of law. It uses detailed feminist analysis to investigate how the kinds of time produced by statutes and court decisions are vital to constructing the gendered, liberal, legal subject. By shedding light upon a contested and multi-faceted legal issue, it demonstrates that more expansive temporalities are the precondition for a richer, relational understanding of consent.

This book’s fresh approach to sexual consent is developed using the law of England and Wales but is relevant to all jurisdictions where consent is an element of sexual offences law. Its distinctive approach to legal temporalities has the potential to be applied to other areas of law, providing insight into both current law and possibilities for reform.

Table of Contents

Note

1. Introduction: Legal Temporalities and the Sexual Offences Act 2003
2. Tempo: Acquiescence as Consent and Previous Sexual History
3. Life Times: Age of Consent and Contraception
4. Rhythm: Identity Deceptions
5. Social Time: Intoxicated Consent
6. Disabled Time: Disability and Consent
7. Changing Times: Harassment, Grooming and Coercive Control
8. Conclusion: Composing Consent Time

Table of cases
Table of statutes
Bibliography
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