Why Is Defining Consent So Difficult?

Consent is a concept at the center of criminal law and sexual assault. So, why is it so difficult to accurately define? On this episode of Reasonably Speaking, two experts on the topic, Aya Gruber (Colorado Law) and Jennifer Long (Aequitas), discuss and debate the potential for success and failure of implementing an “affirmative consent” requirement, how we now understand that there is no expected behavior during or after a sexual assault, and how important is to treat every case individually.

The views and opinions expressed on Reasonably Speaking are those of the speakers and do not necessarily reflect the policy or position of The American Law Institute or the speakers’ organizations. The content presented in this broadcast is for informational purposes only and should not be considered legal advice. Please be advised that episodes of Reasonably Speaking explore complex and often sensitive legal topics and may contain mature content. 

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Published: 2019

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