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Shifting sands? consent, context and vulnerability in contemporary sexual offences policy in England and Wales
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Munro, Vanessa (2017) Shifting sands? consent, context and vulnerability in contemporary sexual offences policy in England and Wales. Social and Legal Studies, 26 (4). pp. 417-440. doi:10.1177/0964663916682584 ISSN 0964-6639.
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Official URL: https://doi.org/10.1177/0964663916682584
Abstract
Though the consent threshold remains fundamental to the demarcation of acceptable from unacceptable forms of behaviour within contemporary sexual offences law and policy, there has clearly been a shift in recent years in England and Wales towards more ‘contextual’ understandings and interpretations thereof. In many respects, this is a welcome development, which has the potential to at least partially redress the problematic assumption of a disembodied, individualistic and self-determining chooser, which critics maintain has underpinned many conventional (liberal) accounts of autonomy. At the same time, however, there are risks associated with this turn to context that require vigilance. More specifically, this shift has opened the door to greater reliance upon the often closely associated concepts of vulnerability and exploitation. In this article, I will argue that, while these concepts can be valuable in highlighting and challenging the constraining conditions under which (sexual) choices may be made, they can also be deployed in the service of moral and political interventions that entrench precariousness in the name of protection and / or increase surveillance in pursuit of responsibilisation. To assess their impact, therefore, it is necessary to explore the concrete implications of this turn for those most immediately involved. In the following discussion, I will do so first by highlighting some of its perhaps unintended, but certainly undesirable, effects in the specific contexts of sexual assault and sex work policy. Having done so, I will move on to explore what we might learn more broadly from this experience about the benefits, blindspots and backfire in using vulnerability as a lens and lever for the pursuit of social justice.
| Item Type: | Journal Article | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Subjects: | K Law [LC] > KD England and Wales | ||||||||
| Divisions: | Faculty of Social Sciences > School of Law | ||||||||
| Library of Congress Subject Headings (LCSH): | Sex crimes -- Law and legislation -- Great Britain , Consent (Law) -- Great Britain | ||||||||
| Journal or Publication Title: | Social and Legal Studies | ||||||||
| Publisher: | Sage | ||||||||
| ISSN: | 0964-6639 | ||||||||
| Official Date: | 1 August 2017 | ||||||||
| Dates: |
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| Volume: | 26 | ||||||||
| Number: | 4 | ||||||||
| Page Range: | pp. 417-440 | ||||||||
| DOI: | 10.1177/0964663916682584 | ||||||||
| Status: | Peer Reviewed | ||||||||
| Publication Status: | Published | ||||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||||
| Date of first compliant deposit: | 15 November 2016 | ||||||||
| Date of first compliant Open Access: | 6 September 2017 | ||||||||
| Funder: | Leverhulme Trust (LT) | ||||||||
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