WGSS Professor Joe Fischel: What do we consent to when we consent to sex?

October 23, 2018

I draw on this admittedly absurd hypothetical example in my book Screw Consent: A Better Politics of Sexual Justice (2019) to recast various cases of so-called ‘gender deception’ that have arisen in the United Kingdom, the United States and Israel over the past 25 years. These cases, carefully considered previously by legal scholars Alex Sharpe at Keele University in the UK and Aeyal Gross at Tel Aviv University, typically involve transgender men or gender-nonconforming (masculine-presenting) women who are convicted of some form of sexual assault for failing to disclose to their girlfriends that they were sex-assigned female at birth and do not have a penis.

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