ABSTRACT
The law of domestic violence has been too reluctant to acknowledge the emotional complexity of many domestic relationships. Despite most people's view that emotion is far from simple, the criminal law's approach to emotion is, for the most part, simplistic. The criminal law acknowledges mechanistic emotions—those that are immediate, clear, or seemingly instinctive—but it frequently ignores or discounts complicated emotional states. The failure to appreciate or accommodate complex emotion and willingness to recognize simplistic emotion has gendered effects. The criminal law has presumed that a woman's decision to leave an abusive situation should be easy. An affirmative assent requirement could punish people for acting in the face of ambiguity even though their partners silently consent. The emotional injuries from rape can manifest themselves in withdrawal, fear, and personal devaluation. The emotional harm inflicted when men try to coerce sex from women is routinely ignored by the criminal law.
