1. IMPAIRED, IN PAIRS.
- Author
-
Tilley, Cristina Carmody
- Subjects
SEXUAL assault ,SEXUAL aggression ,HUMAN sexuality & law ,MEN'S sexual behavior ,TORT theory ,ALCOHOLIC beverage advertising ,DEVIANT behavior - Abstract
The article explores the concept of non-collaborative sex, particularly in cases involving alcohol and young adults, and argues that current tort law fails to adequately address these situations. It proposes the use of the concept of collaborative sex to distinguish between consensual and non-consensual encounters and suggests that tort law should consider negligence or strict liability for cases of impaired, non-collaborative sex. The article also discusses the need for a new vocabulary to discuss sexual wrongdoing and challenges the transactional model of sex based on consent. It highlights the role of cognition and communication in sexual encounters and the influence of tort decision-makers on community norms. The article suggests that rules prioritizing individual freedom may perpetuate gender norms and argues for a model of mutual care and communication in sexual encounters. It also discusses the historical context of sexual injuries and the failure of tort law to address non-collaborative sex. The article emphasizes the importance of understanding cognitive failures and communication mismatches to address potentially harmful sexual encounters. It acknowledges that consensual and non-consensual encounters can occur when both partners are intoxicated and highlights the tendency to blame women for non-collaborative sex encounters while excusing men's responsibility. The article suggests that the legal and cultural understanding of non-collaborative sex needs to be reevaluated and proposes different categorizations for these encounters. It discusses the Restatement of Tort and its treatment of non-consensual sexual behavior, highlighting its limitations and suggesting negligence and strict liability as more appropriate frameworks. The [Extracted from the article]
- Published
- 2024