SEASON 1

Why Is Defining Consent So Difficult?

Consent is a concept at the center of criminal law and sexual assault. So, why is it so difficult to accurately define? Sexual assault laws have evolved from requiring the victim to resist toward requiring consent. However, “consent” is defined in many ways. 

In this episode, two experts on the topic, Criminal Law Professor Aya Gruber and AEquitas Co-Founder and CEO Jennifer Long, discuss and debate the potential for success and failure of implementing an “affirmative consent” requirement, how we now understand that there is no expected behavior during or after a sexual assault, and how important is to treat every case individually.

SUPPLEMENTARY RESOURCES

AEquitas Resources

AEquitas develops and publishes a wide range of resources and training materials on topics related to the investigation and prosecution of gender-based violence and human trafficking.

Consent Confusion

Gruber, Aya, Consent Confusion (July 13, 2016). 38 Cardozo Law Review 415 (2016); U of Colorado Law Legal Studies Research Paper No. 17-6.

The Duty to Retreat in Self-Defense Law and Violence Against Women

Gruber, Aya, The Duty to Retreat in Self-Defense Law and Violence Against Women (June 7, 2017). The Duty to Retreat in Self-Defense Law and Violence Against Women (Oxford Handbooks Online June 2017).

Rape Law Revisited

Gruber, Aya, Rape Law Revisited (January 1, 2016). 13 Ohio State Journal of Criminal Law 279 (2016).