ABSTRACT
This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book considers how the law treats cases of nonconsenual sex, particularly between acquaintances. It argues that the law has wrongly excluded nonconsenual sex without legally recognized force from criminal protection. Criminal rape laws are too narrow in capturing only cases where there is clearly recognized physical violence and resistance from the victim. The statutes and legal standards are a major problem. The book considers factors that undermine consent, focusing on the internal characteristics of a woman which make it impossible for her to consent. It examines in more detail the harm of rape, arguing that rape, beyond affecting individual welfare interests, involves an expressive harm to the victim that inturn affects all women. The book expands upon the objections raised to including nonaggravated rape in criminal law.
