Unwanted Sex: Culture of Intimidation and the Failure of Law - Hardcover

Schulhofer leaves no stone unturned in addressing the question of how to create a law which will take seriously sexual autonomy--the right to choose freely whether and when to be sexually intimate with another person. He argues that unlike laws that provide for comprehensive protection for property rights, labour and other important interests, laws on sexual autonomy have failed: from the excessive degree of force needed for an action to be defined as rape, to the grey areas in which coercion and exploitation can be used to elicit a false, legally valid 'consent' between, for example, professionals--such as doctors, lecturers, lawyers and therapists and their clients or students. Schulhofer calls for a radical reconstruction of such laws and does not shirk difficult questions...This is an insightful and scholarly book written in an accessible style rarely encountered in law. Even rarer is Schulhofer's willingness to debate feminist views in a balanced and enlightened way. -- Sue Lees "Times Literary Supplement" the more infuriating because they are real cases. that respect for sexual autonomy requires a radically different view [of consent]. Schulhofer's willingness to debate feminist views in a balanced and enlightened way. subject of rape. He also offers a proposal for change that makes overwhelming sense...[An] immensely readable, sometimes shocking book." Powerfully argued and meticulously documented, fully supported by statistical, legal, and other theoretical grounding...Exceedingly well written. I couldn't say that ["Unwanted Sex" is] a pleasure to read, since the subject matter is so outrageous and upsetting. This is not a topic for the faint hearted, and ["Unwanted Sex" is] full of powerful examples, all the more infuriating because they are real cases.--Patricia Smith "Hypatia " [Schulhofer] leaves no stone unturned in addressing the question of how to create a law which will take seriously sexual autonomy--the right to choose freely whether and when to be sexually intimate with another person. He argues that unlike laws that provide for comprehensive protection for property rights, labour and other important interests, laws on sexual autonomy have failed: from the excessive degree of force needed for an action to be defined as rape, to the grey areas in which coercion and exploitation can be used to elicit a false, legally valid 'consent' between, for example, professionals--such as doctors, lecturers, lawyers and therapists and their clients or students. Schulhofer calls for a radical reconstruction of such laws [and] does not shirk difficult questions...This is an insightful and scholarly book written in an accessible style rarely encountered in law. Even rarer is Schulhofer's willingness to debate feminist views in a balanced and enlightened way.--Sue Lees Schulhofer sets himself the task of examining and explaining why, in spite of so much recent legal reform, the laws against rape and sexual harassment fail to protect women...Schulhofer's overriding moral precept is that respect for sexual autonomy requires a radically different view [of consent].--Susan Edwards "New Law Journal " "In this extraordinary book, Stephen J. Schulhofer makes very clear that unwanted sex, ranging all the way up to rape, is not always viewed as criminal behavior. Schulhofer...offers us a new way of viewing the subject of rape. He also offers a proposal for change that makes overwhelming sense...[An] immensely readable, sometimes shocking book."--Susan Alexander "ABA Journal " "[Schulhofer] leaves no stone unturned in addressing the question of how to create a law which will take seriously sexual autonomy--the right to choose freely whether and when to be sexually intimate with another person. He argues that unlike laws that provide for comprehensive protection for property rights, labour and other important interests, laws on sexual autonomy have failed: from the excessive degree of force needed for an action to be defined as rape, to the grey areas in which coercion and exploitation can be used to elicit a false, legally valid 'consent' between, for example, professionals--such as doctors, lecturers, lawyers and therapists and their clients or students. Schulhofer calls for a radical reconstruction of such laws [and] does not shirk difficult questions...This is an insightful and scholarly book written in an accessible style rarely encountered in law. Even rarer is Schulhofer's willingness to debate feminist views in a balanced and enlightened way." --Sue Lees, "Times Literary Supplement" "Schulhofer sets himself the task of examining and explaining why, in spite of so much recent legal reform, the laws against rape and sexual harassment fail to protect women...Schulhofer's overriding moral precept is that respect for sexual autonomy requires a radically different view [of consent]." --Susan Edwards, "New Law Journal" [UK]

Despite three decades of intense scrutiny and repeated attempts at ambitious reform, American laws against rape and sexual harrassment still fail to protect women from sexual over-reaching and abuse. In this work, Stephen Schulhofer shows the need to refocus laws against rape and to create a new system of legal safeguards against interference with sexual autonomy. With vivid examples, including stranger assaults, date rapes, and sexual encounters between job supervisors and subordinates, teachers and students, doctors and patients, and lawyers and clients, Schulhofer argues that reforms of rape and sexual harassment law are over-rated and inadequate. From the excessive degree of force necessary for an aggressive action to be defined as rape, to the gray areas in which coercion and exploitation can be used to elicit a false but legally valid "consent", Schulhofer offers a clear analysis of the limits of current standards. His proposals for a radically different approach hold the promise of genuine respect and effective protection for the sexual autonomy of both men and women.