In “Sex, Lies, and Consent,” Tom Dougherty argues the Lenient Thesis from the substantive account of consent. In this essay, I will discuss and explain Dougherty’s argument. Then, I will present Neil Manson 's objection that Dougherty account of consent mistakenly centralizes the role of scope in determining one’s range of restrictions for consent. Finally, I will present a case that disputes Manson’s opposition to Dougherty and how Dougherty could address Manson’s charge against him.
To understand how Dougherty argues his position, we first need to understand the context of the Lenient Thesis. The Lenient Thesis states that “it is only a minor wrong to deceive another person into sex by misleading her or him about certain personal
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In the event where the salesmen sold her a rabid puppy, her consent would have been violated (Dougherty, 2013, p.735). When we apply this view of consent to the realm of sexual decision making, we see that many cases of deception for sex are non-consensual.
Since the substantive account of consent emphasizes the importance of one determining one’s restrictions, it conflicts with the Lenient Thesis that objectively assumes that certain types of features such as religion are more critical to sexual decision making. Dougherty (2013) supports her argument with an example where Chloe deceives Victoria into having sex by lying that she shares the same love of nature, peace, and animals even though she was in the military and enjoys hunting and eating animals. The Lenient Thesis would argue that Victoria validly consented since lying about a peripheral feature would only be a minor wrong. However, the substantive view of consent would disagree because personal preferences are still considered core features that constitute when consent is violated (Dougherty, 2013, p.728). Thus, it brings a more subjective view to the table where everyone’s deal-breaker should be valued.
According to Dougherty (2013), deal-breakers are strong qualities that would disqualify someone as a sexual partner. Deal-breakers vary for every individual, and it is entirely up to the individuals to decide what their deal-breakers are. To relate this concept back to the
Theodore Dalrymple, in the essay “All Sex, All the Time” reflects on the change of view of the people about sex and how it has lead people into more confusion and conflict than before. Dalrymple’s real name being Anthony Daniels, he picked up the pseudonym of Theodore Dalrymple for the purpose of his essays. There were times when virginity was a pride to men and women. However, it still prevails in some countries, this custom and the people have been changing. He states that the world is now free to enjoy sexual pleasures without any fear of the myths and taboos that existed in history. Although people feel that they are satisfied and are free to choose this path of life, sex has lead people into “confusion, contradiction, and conflict” states Dalrymple (Dalrymple 1).
In “The Laws That Sex Workers Really Want,” Toni Mac discusses the reality of legalization in regards to sex work and their effects. Mac’s purpose is to show the audience the four legal models that are being used around the world and demonstrate why they don’t work. Then, explain the model that sex workers themselves think would work best, decriminalization (“The Laws”). She shares her own stories and experiences to help make her argument and to add to the effectiveness of her use of the rhetorical strategies. She uses all three of them, at least to some extent, but with a heavier focus on pathos and ethos over logos.
In this essay I will attempt to show that consent does not justify UK state power.
Date rape is one of the most common types of rape within the United States, especially on college campuses. According to the State of Florida, date rape can be defined as “forced sexual content during a voluntary social engagement.” Camille Paglia wrote “Rape: A Bigger Danger Than Feminist Know,” to focus on the dangers of date rape from a feminist’s standpoint. In response to Paglia’s work, Susan Jacoby wrote “Common Decency,” this text was written as an attempt to break down Paglia’s argument. Although Paglia does present some logical fallacies throughout her text, she displays a more effective argument than Jacoby because of her usage of the rhetorical appeals; logos, ethos, and pathos. In comparison, Jacoby’s text “Common Decency” does not contain logical fallacies but lacks the rhetorical appeals; logos, ethos, pathos, which is causing the ineffectiveness in her argument.
In the article "Can't Ask, Can't Tell: How institutional Review Boards Keep Sex in the Closet" by Janice M Irvine, the social scientists are frustrated with the Institutional Review Boards for stymied research about sexuality. The IRBs believe that the topic of sexuality is too sensitive for studies, and it is has been considered to be one of the special cases that do not want to present to the public. For decades, the IRBs' works are heavily influenced by the Belmont's three principles: respect for persons, beneficence, and justice. However, sexuality has become one of the topics that the IRBs would automatically decline because they believe that it is not qualified any of the Belmont's three principles. In 2011, Irvine conducted a survey
Consent, the sole factor that determines whether an act of sexual intercourse is considered as
Men are from Mars, and women are from Venus. A classic analogy describing how men and women are both born on Earth, but display different characteristics in communication. While two individuals start off through physical attraction, the way that a relationship last is through strong communication and the understanding between both people. Deborah Tannen elaborates on the different methods of how each sex communicates, and the issues that arise. Causing relationships to become distressed, due to the opposite gender not being able to interpret the differences between male and female expectations in terms of communicating.
Rape is a grotesque topic, but in The RoundHouse by Louise Erdrich the subject is a necessity for Joe to comprehend what happened to his mom. Joe is a 13 year old boy that has to grow up faster than he expected. With the attack of his mother and his father's inability to rehabilitate her, Joe steps up and begins to take an active role in trying to find her attacker. Normally a 13 year old would remain oblivious to the turmoil surrounding his family. Joe does not. He takes the attack of his mom personally and becomes more serious. As a reader there are not many scenarios where he is portrayed doing child like things. This is why I believe Erdrich includes the scene with Grandma Thunder. She is the comedic relief and the readers opportunity to
In her piece Between Consenting Adults, Onora O’Neill explores how people should be treated as ends in themselves, instead of as means to ends. This is the same principle outlined by Immanuel Kant’s second formulation of the categorical imperative. Treating people as individual self-governing beings is crucial in maintaining respect. Each autonomous individual has his/her own ends in life, and makes rational decisions in order to achieve those goals. She states “Intimacy makes failures of respect and of love more possible. Lack of respect in intimate relationships may, for example, take both manipulative and paternalistic forms” since intimate relationships often create a gray area in maintaining respect (O’Neill 270). It seems counter intuitive that lack of respect could be found in an intimate relationship, but it often goes unnoticed since it can come in discrete forms. Manipulation occurs because of the insight an individual has into another person’s weaknesses, which can be intentionally or unintentionally used to benefit or harm
This binary relationship manifests itself in Levy’s work in another way, as well. Toward the very end of the book Levy claims she has no complaint against women who do gain genuine sexual pleasure from “their vaginas waxed, their breasts enlarged” (Levy, 198). On one hand, Levy recognizes that sexuality is personal and that everyone’s own experiences and preferences are unique. Yet at the same time, by drawing the line between “authentic” and “fake”, she must impersonally interpret these experiences in order to classify them as “problematic”. This desire to judge yet not judge women’s sexual nature represents an underlying tension within the book that threatens to unravel her arguments.
Sharon Olds’ poem “Sex Without Love” wonders at the ability for two people to have sex and not involve emotions or pretenses of love. The poem argues that it is better to have sex without love under the premise that love is a false savior for people, and everyone is all alone anyhow. In other words, the claim is that personal interactions do not serve a purpose other than being a distraction, and they will inevitably end. However, the notion that attachment and love are false hopes for people and each person is all alone does not account for the inevitability of human interactions and the underlying importance of relationships. While the poem does not give its definition of being alone, complete isolation is virtually impossible and leads
The sexual coercion of Linda Boreman by Chuck Traynor is what set in motion the events of Linda’s ordeal. Until the end of Linda and Chuck’s marriage, Linda was forced into preforming sexual acts on Chuck Traynor through implied threats as well as physical abuse, thus experiencing acquaintance rape. Chuck’s person being one who conform to traditional gender roles, particularly one of male dominance, is what Our Sexuality infers from research done by Hartwick et al., 2005, as more likely to commit rape. However, during the time of Linda’s experiences, it was culturally accepted that wives obeyed their husbands.
A further complicating question is whether the criminal law's usual requirement of mens rea (or “guilty mind”) should apply to rape and, if so, how that requirement should be interpreted. In the most general terms, a mens rea requirement means that the prosecution must show not only that nonconsensual sex occurred, but also that the man was in a certain state of mind with regard to the woman's lack of consent. Just what that state of mind is—what counts as mens rea in cases of rape—is a matter of some dispute (Burgess-Jackson 1996, 137–161).
Though the introduction of 1(1)(c) of the Sexual Offences Act 2003 overruled this notion by insisting that a defendant had to reasonably believe that B was consenting and that whether or not his belief could be regarded as reasonable was dependant on ‘all the circumstances’ , the complainant’s sexual history could still be used to ‘scrutinise C’s behaviour to determine whether there was anything about it which could have induced a reasonable belief in consent’
The author’s primary assertions revolve on the following aspects, what must be done to stop the war on sexuality on an individual