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Kukla, Quill R.. A Nonideal Theory of Sexual Consent
2021, Ethics, 131(2): 270-292.
Added by: Emma Holmes, David MacDonald, Yichi Zhang, and Samuel Dando-Moore
Abstract:
Our autonomy can be compromised by limitations in our capacities, or by the power relationships within which we are embedded. If we insist that real consent requires full autonomy, then virtually no sex will turn out to be consensual. I argue that under conditions of compromised autonomy, consent must be socially and interpersonally scaffolded. To understand consent as an ethically crucial but nonideal concept, we need to think about how it is related to other requirements for ethical sex, such as the ability to exit a situation, trust, safety, broader social support, epistemic standing in the community, and more.

Comment: Kukla uses this paper to describe a view of consent which is relational. This means that rather than asking questions about what each person individually consented to or not, the question is how the people having sex communicated. If they communicate sufficiently well then the sex is consensual, and if they do not it is not. We can use this to challenge a view of consent which has been implicit in most of the readings so far. This paper is used to discuss blameworthiness and responsibility for wrongful sex, and to ask questions about what the real world obligations of agents are, given their lack of complete information

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