Violated

Julie Fennell researches gender, sexuality, and demography and is author of Please Scream Quietly: A Story of Kink. Her research has been published in Sexualities, Sociological Forum, Contraception, Gender & Society, and more. J. Remy Green is a practicing attorney specializing in issues relating to consent, Me Too, and the First Amendment, including a sub-specialty in defending rape survivors against defamation claims made by their rapists.

In Violated, Fennell, a researcher who studies gender, sexuality, and demography, and Green, a practicing attorney who specializes in issues of consent, address the issues of sexual consent and sexual assault from a nontraditional perspective. They consider these issues from the broader context of alternate sexual lifestyles and varying degrees of consent and degree of force. They lay out a complex paradigm for the study and treatment of cases of sexual assault with recommendations for revising the laws regulating sexual assault. The authors are well qualified to address these issues. Additionally, their study is adequately indexed and well referenced with a lengthy bibliography. The text is easy to read and the various positions are clearly laid out. Libraries serving psychology, social work, sociology, and women’s studies departments should consider acquiring this volume. Recommended. Lower-division undergraduates through faculty; professionals.

• PrefacePART I: HOW DID WE GET HERE?Chapter 1. Quantum ConsentWhat Exactly Is “The Problem”?Going Rogue: The Me Too MovementLegal vs Ethical StandardsThe Gender Chasm and ConsentChapter 2. A Brief History of RapeIn the old days…A Collective Offense Becomes an Individual One“No” Means “No”Which Came First: Culture or Laws?Rape Laws in Other CountriesRape Laws in America: A SamplingReforms and Their ChallengesThinking Back to Think AheadChapter 3.Double Standards and a Culture of MistrustIt’s Not “Rape” If It Happens to a ManAssumption 1: Men Are Always Asking For It, No One Knows When Women AreAssumption 2: Women Just Aren’t a ThreatAssumption 3: Erections Equal ConsentThis Is Actually a Problem for EverybodyThe Fag and Slut PenaltiesTrying to Negotiate Around Double StandardsChapter 4. Toxic Cocktails of Anomie and AlcoholAnomie and the Contemporary Land of Dating ConfusionThen vs. Now“Would You Like to Have Sex With Me Now?”…But Liquor Is QuickerSo Does Formal Sex Education, Like, Do Anything?All The Other Places To Learn About SexModel Minority?: LGBTQ Folks and Sexual Negotiation NormsConclusion: Learning About Sex Is a Package DealChapter 5.Lies, Statistics, and the Failures of JusticeSexual Assault Is Common, But Not That Common… ProbablyAdult Sexual Assault Statistics Compared to Other Serious CrimesReports to the Police and “False Allegations”Conviction/Attrition RatesWhy Get Involved with the Criminal Justice Process?PART II: REAL CHANGEChapter 6: The Harm Reduction Approach: Consent Hygiene and Actual Gender EqualityA Time and Place to Say “Yes” to an Unasked QuestionAlternative Cultural ModelsConsent Hygiene and the Culture of IntoxicationIs It Always Someone Else’s Fault?The Harm Reduction ApproachChapter 7.Race, Sexual Identity, and the American Criminal ImaginationRace, Victimization, and Reporting to the PoliceRace, Offending, and the “Victim-Offender Dyad”Race from the Defendant’s PerspectiveThe Other Minorities: LGBTQ FolksConcluding Thoughts on Minorities and Sexual AssaultChapter 8.Why Change the Law?The Current Structure of the Legal SystemThe State of the LawWhat Does the Law Really Do Anyway?What Behavior Do We Want to Be Legally Actionable?What Kinds of Legal Reforms Are Possible?Chapter 9. Actual Legal ChangesWords Matter!Mens Rea and Defining the “Crime” of Sexual ViolationTaking Mens Rea Seriously Isn’t a New IdeaWhat Acts and States of Mind Do We Actually Want Criminalized?Grading States of MindAffirmative DefensesOther ConsiderationsWider Social EffectsConclusion: Don’t Settle for Simple SolutionsChanging the Law Is Necessary, But Not SufficientWe Need to Make a Collective Decision About Gender and the Foundations of ConsentMost of Us Will Never Sit on a Jury for a Sexual CrimeBand-Aid SolutionsIn an Ideal World…Bibliography