Non-consensual sex in Swiss criminal law: why such "resistance"? (Part 2)

Non-consensual sex in Swiss criminal law: why such "resistance"? (Part 2)

Contents

• I. A revision of Swiss law torn between the primacy of refusal and that of consent
• II. Provocative criticisms struggling to establish their theoretical foundations
• III. From sexual consent "in the books" to consent "in action"
  • 1. Implementing the principle of consent requires a critical analysis of the circumstances presiding over that consent
  • 2. Effective protection of sexual self-determination requires a rigorous delimitation of the error of consent
  • 3. Legal professionals∙le∙s must guard against a gendered, heteronormative conception of sexual consent
• IV. Conclusion: deconstructing resistance to guarantee effective protection of the right to sexual self-determination.