Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-9q27g Total loading time: 0 Render date: 2024-07-20T11:19:39.210Z Has data issue: false hasContentIssue false

8 - Coercion

Published online by Cambridge University Press:  04 March 2010

Alan Wertheimer
Affiliation:
University of Vermont
Get access

Summary

The task of the principles of valid consent (PVC) is to provide the criteria by which to determine when B's token of consent to sexual relations is valid or morally transformative. We might put the issue in negative terms, in which case the question is whether B's consent is invalid in one respect or another. In this and the following three chapters, I want to consider three sorts of potential defects in consent – coercion, information (or deception), and competence, devoting one chapter to issues of intoxication.

To speak of a “defect” in B's consent is to assume that B does manifest a relatively unambiguous token of consent to sexual relations with A. And so I shall assume. I therefore set aside those cases in which B does not token consent at all, as in cases of pure force and unconsciousness. In a case of pure force, A penetrates B without any willed acquiescence or cooperation on B's part.

Pure Force. A and his accomplices tie B's arms and legs to a bed. A penetrates B while B screams, “No, please stop.”

I suspect that rape by pure force is relatively rare. The use of force is typically accompanied by coercive threats of additional force if B does not acquiesce.

Force. A overpowers B physically, holds her down despite B's attempts to resist and threatens her with additional force if she continues to resist.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2003

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Coercion
  • Alan Wertheimer, University of Vermont
  • Book: Consent to Sexual Relations
  • Online publication: 04 March 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511610011.009
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Coercion
  • Alan Wertheimer, University of Vermont
  • Book: Consent to Sexual Relations
  • Online publication: 04 March 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511610011.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Coercion
  • Alan Wertheimer, University of Vermont
  • Book: Consent to Sexual Relations
  • Online publication: 04 March 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511610011.009
Available formats
×