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Screw ConsentA Better Politics of Sexual Justice$
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Joseph J. Fischel

Print publication date: 2019

Print ISBN-13: 9780520295407

Published to California Scholarship Online: May 2019

DOI: 10.1525/california/9780520295407.001.0001

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PRINTED FROM CALIFORNIA SCHOLARSHIP ONLINE (www.california.universitypressscholarship.com). (c) Copyright University of California Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CALSO for personal use.date: 17 October 2019

Cripping Consent

Cripping Consent

Autonomy and Access

Chapter:
(p.135) Chapter 5 Cripping Consent
Source:
Screw Consent
Author(s):

Hilary O’connell

Publisher:
University of California Press
DOI:10.1525/california/9780520295407.003.0006

The fifth chapter explicates a Connecticut case of alleged sexual assault committed against a significantly physically and cognitively disabled woman. The facts and fallout of the case facilitate an analysis of sex and sexual ethics that applies, synthesizes, and qualifies the three core criticisms of consent (insufficiency, scope, and inappositeness) leveled across the other chapters. The examination of the case shores up several ways in which consent fails to deliver sexual justice. Hilary O’Connell and I propose legal remedies and social reforms that would better facilitate sexual and intimate possibilities not only for the alleged victim in the Connecticut case and people similarly disabled but also, if more speculatively, for people positioned across the spectrum of ability. The legal remedies are grounded in a feminist reconstruction of sexual autonomy that rejects the equation of autonomy with consent. The social reforms are grounded in a disability-studies reconstruction of access that promotes institutional arrangements facilitating people’s equal participation in politics, education, employment and sex.

Keywords:   ability, disability, sexual autonomy, access, consent, sexual assault, rape law, sex education

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