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From the Literature  


Author:  Erin Bundra, J.D..


Source: Volume 15, Number 06, October/November 2014 , pp.85-87(3)




Sex Offender Law Report

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Abstract: 

Since rape reform in the 1970s and the emergence of crime victim rights in the late 1980s, the question of whether or not a sexual assault occurred as a matter of law hinges on proof that the victim did not consent. The prior legal requirements for corroboration, such as physical bruising or defensive wounds, or a witness to testify to the assault have been replaced by evidence surrounding the consensual nature of the act. For such an important issue, it is surprising that few studies have examined the way that consent is communicated and understood by sexual partners. The misinterpretation of physical cues or unclear verbal cues can lead to criminal charges, and in cases in which the “proof” is ambiguous, the outcomes raise concerns about the stringent punishments that follow sexual assault convictions. This column highlights a valuable study, “Assessing the Validity and Reliability of the Perceptions of the Consent to Sex Scale” by Kristen N. Jozkowski and Zoë D. Peterson, in 51(6) J. Sex Res. 632-45 (2014), exploring the way that consent is communicated, understood and, in particular, the role it plays in contemporary sexual relationships. The researchers focus on college students, but the protocols and findings can be applied to any population.

Keywords: Consent to sex scale

Affiliations:  1: Contributing Editor.

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