Condoms and Conditions on Consent: Upholding Intentions, Understanding, and Agency for Consensual Sex
Sutherland Hartling, Kate
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There is still widespread confusion over what exactly is necessary for consent in sexual encounters. This has serious consequences because of the severity of the rights violation that occurs if consent is invalid in this domain, i.e., sexual assault or rape. This project aims to provide clarification on this issue, especially concerning how conditions placed on sexual encounters impact consent. I focus on one case in particular that exemplifies this broader issue in order to provide clarification. I argue that sex in this case was nonconsensual on three contemporary accounts of consent. First, the event went beyond the restricted range of possibilities that was intended. Second, consent did not meet the standards of shared understanding or non-fraudulent disclosure. Third, the agency of one of the parties was not adequately scaffolded. I then examine each of the accounts under consideration and explore the implications of this analysis for sexual consent generally.