Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
Page 16
Page 17
Page 18
Page 19
Page 20
Page 21
Page 22
Page 23
Page 24
Page 25
Page 26
Page 27
Page 28
Page 29
Page 30
Page 31
Page 32
Page 33
Page 34
Page 35
Page 36
Page 37
Page 38
Page 39
Page 40
Page 41
Page 42
Page 43
Page 44
Page 45
In R. v. Ewanchuk the Supreme Court of Canada held that sexual touching must be accompanied by express contemporaneous consent. In doing so the Court rejected the idea that sexual consent could be implied. Ewanchuk was a landmark ruling reecting a powerful commitment to womens equality and sexual autonomy. In articu- lating limits on the circumstances under which women can be said to consent to sexual touch- ing however the decision also restricts their autonomy specically by denying them a voice in determining the norms that should govern their intimate relationships and sexual lives. In Implied Consent and Sexual Assault Michael Plaxton argues that women should have the auton- omy to decide whether and under what circum- stances sexual touching can be appropriate in the absence of express consent. Though caution should be exercised before resurrecting a limited doctrine of implied consent there are reasons to think that sexual assault law could accommodate a doctrine without undermining the sexual autonomy or equality rights of women. In reaching this conclu- sion Plaxton challenges widespread beliefs about autonomy consent and the objectives underpin- ning the offence of sexual assault in Canada. Drawing upon a range of contemporary crimi- nal law theorists and feminist scholars Implied Consent and Sexual Assault reconsiders the nature of mutuality in a world dominated by gender norms the proper scope of criminal law and the true meaning of sexual autonomy. Michael Plaxton is associate professor of law at the University of Saskatchewan. 1 4 M Q U P F A L L 2 0 1 5 L A W Implied Consent and Sexual Assault Intimate Relationships Autonomy and Voice michael plaxton Revisiting the doctrine of implied consent in Canadian sexual assault law. S P E C I F I C AT I O N S November 2015 978-0-7735-4620-2 37.95A CDN 37.95A US 25.99 paper 978-0-7735-4619-6 100.00S CDN 100.00S US 69.00 cloth 6 x 9 288pp Ebook available