Consent theory in sexual ethics, Jonathan Ichikawa argues, has a Euthyphro problem. -/- It is widely held that sexual violations are explicable in terms of nonconsensual sexual contact. But a notion of consent adequate to explain many moral judgments typical of sexual ethics — a notion that vindicates the idea that consent cannot be coerced, that it must be sober, that children cannot consent to sex with adults, etc. — cannot, Ichikawa argues, be articulated, motivated, or explained in a way (...) independently of moral judgments about sexual wrongs. Consequently, if there is as tight a connection between consent and sexual violation as many people think there is, there is good reason to suppose that that connection must ultimately explain consent in terms of sexual wronging, rather than vice versa. The paper highlights some costs and drawbacks to this horn of the Euthyphro dilemma in sexual ethics. One central upshot of the argument will be that mainstream accounts of sexual ethics fail in their explanatory ambitions. Consent cannot play its canonical explanatory role. (shrink)

This paper has three goals. The first is to defend Tristan Taromino and Erika Lust (or some of their films) from criticisms that Rebecca Whisnant and Hans Maes make of them. Toward that end, I will be arguing against the narrow conceptions that Whisnant and Maes have of what `feminist' pornography must be like. More generally, I hope to show by example why it is important to take pornographic films seriously as films if we're to understand their potential to shape, (...) or mis-shape, socio-sexual norms. (shrink)

This article returns to a philosophical conundrum that has troubled feminist theory since the topic of sexual violence has been taken seriously, what I call the problem of the “heteronormative sexual continuum”: how sexual assault and hegemonic heterosex are conceptually and politically related. I continue my response to the work of Nicola Gavey, who has argued for the existence of a “gray area” of sexual interactions that are ethically questionable without rising to the category of sexual assault, but whose analysis (...) did not explicitly articulate what these two categories share or what distinguishes them from each other. After summarizing Gavey's position, I summarize my previous articulation of the common ground between instances of sexual assault and examples of sexual interactions in the “gray area.” I then develop a theoretical account of how the two categories differ, arguing that the victim's agency plays different roles in the two types of interactions. Both the fact of that distinction—that we are capable of providing a philosophical account of the difference between sexual interactions that fall into the gray area and those that constitute sexual assault—and its particular content are crucial for the development of a tenable feminist sexual ethics. (shrink)

This paper considers the relationship between institutions and the “sexual imaginary,” understood as the set of affective and imaginative resources that produce certain forms of sexual subjectivity. Drawing on the work of Cornelius Castoriadis and Moira Gatens, I argue that institutions play an important role in shaping sexual imaginaries. Historically, institutions have been sites in which unjust sexual norms have been reinforced and legitimized. I analyse the growing trend of consent education at Australian universities to explore how institutions may also (...) represent potential sites for contesting and reimagining these norms. Feminist critiques of consent suggest that consent education may in fact reproduce a narrow and conservative vision of sexuality, one that aligns with the neoliberal politics of the contemporary university. This paper contributes to these critiques by exploring how both the neoliberal university and consent theory are premised on a distorted vision of the subject as a rational, disembodied being. I argue that transforming dominant sexual imaginaries requires recognizing and interrogating both how desire permeates institutional spaces and the role of desire in ethical sexual relations. (shrink)

In their well-known paper, John Gardner and Stephen Shute (2000) propose a pure case of rape, in which a woman is raped while unconscious and the rape, for a variety of stipulated reasons, never comes to light. This makes the pure case a harmless case of rape, or so they argue. In this paper I show that their argument hinges on an outdated conception of trauma, one which conflates evaluative responses that arise in the aftermath of rape with the non-deliberative (...) somatic responses of a central nervous system to a threatening event. In the first part of this paper, I elaborate this objection by drawing on the neurobiological model of trauma. This gives me an opportunity to illustrate the different ways that rape harms its victims, including the central way, what I call ‘threat-circuitry harm.’ This discussion of trauma invites us to rethink the wrong of rape, and sets the groundwork for my argument, in the second part of the paper, that the wrong of rape consists in its central harm. (shrink)

Despite pervasive sexual violence against women, especially the extensive problem of rape on college campuses, there is virtually no Catholic response. This paper seeks to fill this lacunae by examining campus rape culture as an instance of social sin. Within this sinful social reality, rape is not deviant, but is the extreme manifestation of gender norms and expectations that construct femininity as sexual availability and masculinity as sexual aggression and dominance. Participation in the sin of rape culture may range from (...) actions of student and administrative bystanders to the everyday and mundane way that individuals live their gendered and sexual selves. In response, I offer three theological resources for moving toward transformation of rape culture into one that fosters the full human flourishing of all: interruption, conscience, and solidarity. (shrink)

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...) consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)

I expand on and defend a particular account of silencing that has been identified by Mary Kate McGowan. She suggests that one sort of silencing occurs when men do not think that women have the authority to refuse. I develop this proposal, arguing that it is usefully distinct from other forms of silencing, which attribute a radical misunderstanding to the perpetrator. Authority silencing, by contrast, allows that the perpetrator understands that the woman is trying to refuse. I examine the nature (...) of authority, and of refusal, and argue that a normatively binding refusal requires authority, the normative capacity to make a determination that has a ‘because I said so’ structure. Women’s authority in this sense is fragile. Authority to refuse sexual advances can be lost through women’s attire, how much they have had to drink, location, or their profession. This account makes sense of the way that perpetrators both do and do not understand sexual refusal, and explains how they are blameworthy despite their misunderstanding. (shrink)

The notion that rape is an act of violence rather than sex is a central tenet in rape crisis support and education. A therapeutic benefit of this conceptualisation of rape is that it counters shame and guilt by affirming that the victim was not a complicit partner in an act of sex. However, this conceptualisation has recently been criticised for not capturing what makes rape an especially serious kind of wrong. This raises an apparent dilemma for rape crisis support. Recent (...) work in analytic moral philosophy on the nature of rape offers a way to resolve this dilemma. It is argued that rape is not sex, but is nonetheless sexual. This distinction allows for a charitable reformulation of the central tenet in rape crisis support, which can facilitate the dual therapeutic aims of countering the sense of shame and of recognising the especially serious kind of the harm suffered by the victim. (shrink)

The gray area of sexual violations generally refers to ambiguous sexual experiences that are not readily distinguishable from rape or sex. Such experiences are describable as ambiguous or complex in a way that, to some, seems to defy existent categories of sexual experiences. This leads some feminists to approach the gray area as a puzzle that must be resolved either by understanding it as a new category, or by upholding existing rape categorization. Rather than dispelling the gray-area ambiguity by resolving (...) conceptual puzzles, I assign the gray-area ambiguity a positive analytical role by attending to it in a historical and dialectical light. By tracing histories of feminist antirape discourse, I elaborate a way of understanding the “gray area” of sexual violations, articulating it as a historical condition affecting the interpretive possibilities of our sexual experiences. Such an approach underscores the potential of the gray area to inaugurate feminist critique in virtue of its status as a historically specific yet ambiguous horizon where our experiences can contradictorily seem not-like rape, but not-like sex. (shrink)

Accounts of sexual experience, sexual oppression, and sexual violation, if they are not to lend support to the problems they are invoked to address, require the foundation of a phenomenological description of the character of experience. Relying on Maurice Merleau-Ponty, I aim to provide this foundation, arguing that sexual experience is a domain not of detached, individual autonomy but of intrinsic susceptibility and exposure to the world. My description of sexual experience is intended to reveal the immanent norms that sexuality (...) projects and thereby to critique ways of inhabiting experience that disavow what is revealed in that description. The first section discerns three ambiguities that characterize our experience in Merleau-Ponty's notion of “flesh”: that between materiality and meaning, self and others, and self and world. The second section offers a phenomenology of sexual experience based on these ambiguities. The third section, on sexual oppression and suppression, identifies two stereotypical ways in which they are evaded: what I call the stances of “withdrawal from” and “control of” sexuality as flesh. Finally, the fourth section reveals the shortcomings of the legal-juridical domain in navigating our status as flesh, and warns against the proliferation of its terms, specifically the norm of consent. (shrink)

The last decade or so has witnessed a wave of empirical studies purporting to show that men’s sexual focus on the female body leads to increased hostility and aggression against women. According to what I call “The Objectification Hypothesis”, the explanation for this phenomenon has to do with the fact that, in such circumstances, men “objectify” women, that is, regard them as mere objects or as means only. The paper rejects this hypothesis and offers an alternative explanation for the connection (...) between men’s sexual gaze and their aggression against women. This explanation makes no reference to the notions of seeing-other-as-object or of treating-as-means-only. Instead, it locates the dynamic at hand within the theoretical framework of misogyny along the lines developed by Kate Manne. (shrink)

This paper considers Linda Martín Alcoff’s discussion of sexual agency and sexual violation in Rape and Resistance. It is argued that Alcoff’s move away from ‘sexual violence’ to ‘sexual violation’ to address the harms of rape and rape culture is significant with regard to conceiving of a feminist sexual ethic more generally and to understanding the harm of rape and sexual assault in particular. More specifically, this paper focuses on Alcoff’s norm of self-making and considers the way it can interrupt (...) racialized heterosexist sex and sexuality and normative feminine subjectivity vis-à-vis temporality. (shrink)

Richard Swinburne recently released a paper titled, “Causation, Time and God’s Omniscience.” In this paper, Swinburne argued that God’s omniscience must be understood in a way that excludes divine foreknowledge. Swinburne deems this a necessary step in order to protect our freedom of the will. The purpose of my paper will be to refute Swinburne’s central argument. The goal of refuting Swinburne’s argument is to maintain the possibility of the compatibility of both divine foreknowledge and free human agency.