Affirmitive Consent

Dr. Tom Dougherty (Cambridge University)

One of the most significant recent developments in sexual offence policy has been the proliferation of affirmative consent policies, which prohibit sexual activity with someone who has not acted in a way that clearly expresses her consent. I argue that if this prohibition has a proportionate sanction, a policy along these lines can be defended on the grounds that we have a duty of due diligence investigate other people's willingness to participate in sexual activity. However, I pose a challenge for the view that communicative behaviour is necessary for valid consent from a moral point of view.