Social constraints on sexual consent. (November 2022)

• Record Type: Journal Article
• Authors: Dougherty, Tom
• Is Part Of: Politics, philosophy & economics. Volume 21:Number 4(2022)
• Page Start: 393
• Page End: 414
• Publication Date: 2022-11
• Subjects: consent -- coercion -- social norm -- constraint -- sex; Social sciences and ethics -- Periodicals; Philosophy and social sciences -- Periodicals; 320.05
• DOI: 10.1177/1470594X221114620
• Languages: English
• ISSNs: 1470-594X

Abstract

Sometimes, people consent to sex because they face social constraints. For example, someone may agree to sex because they believe that it would be rude to refuse. I defend a consent-centric analysis of these encounters. This analysis connects constraints from social contexts with constraints imposed by persons e.g. coercion. It results in my endorsing what I call the "Constraint Principle." According to this principle, someone's consent to a sexual encounter lacks justificatory force if (i) they are consenting because withholding consent has an adverse feature, (ii) they are entitled to withhold consent without it being the case that withholding consent has this adverse feature; and (iii) it is not the case that the consent-giver has sincerely expressed that, out of the options that are available to their sexual partner, they most prefer to go through with the sexual encounter in the circumstances.