Sex raises fundamental philosophical questions about topics such as personal identity and well-being, the relationship between emotion and reason, the nature of autonomy and consent, and the dual nature of persons as individuals but also social beings. This article serves as an overview of the philosophy of sex in the English-speaking philosophical tradition and explicates philosophical debate in several specific areas: sexual objectification, rape and consent, sex work, sexual identities and queer theory, the medicalization of sexuality, and polyamory. It situates (...) these topics in a framework of shifting cultural attitudes and argues for the importance of the philosophy of sex. It ends with some suggestions about future research, particularly with regard to the changing nature of pornography and sexual justice in legal theory. (shrink)

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)

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)

On a version of consent theory that tempts many, predatory sexual relations involving significant power imbalances (e.g. between professors and students, adults and teenagers, or employers and employees) are wrong because they violate consent-centric norms. In particular, the wronged party is said to have been incapable of consenting to the predation, and the sexual wrong is located in the encounter’s nonconsensuality. Although we agree that these are sexual wrongs, we resist the idea that they are always nonconsensual. We argue instead (...) that it is possible for students, teenagers, employees, etc. to fully consent to sexually predatory encounters; denying as much renders survivors of predation vulnerable to compounding harms. Survivors face a dilemma: give up either their understanding of their experience as wrong, or their self-conception as an agent capable of consenting. We call the latter phenomenon agential demotion. (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)

Whether in the form of testimonial injustice, hermeneutical injustice, or contributory injustice, epistemic injustice is characterised an injustice rather than simply an epistemic harm because it is often motivated by an identity prejudice and exacerbates existing social disadvantages and inequalities. I argue that epistemic injustice can also be utlised against some members of privileged social identity groups in order to preserve the dominant status of the group as a whole. As a case-study, I analyze how the harms to male victims (...) of sexual violence is exacerbated by the failure of the law to recognise the rape of men as a crime and the failure of other people to recognise the testimony of male rape victims as credible. Analyzing shifts in the legal concept of rape and examples from Project Unbreakable, I uncover how these failures of recognition undermine the victims’ status as legal, moral, and epistemic subjects and inflict epistemic injustice against them. (shrink)

Rather than as a giving of permission to someone to transgress one’s bodily boundaries, I argue for defining sexual consent as feeling-with one’s sexual partner. Dominant approaches to consent within feminist philosophy have failed to capture the intercorporeal character of erotic consciousness by treating it as a form of giving permission, as is evident in the debate between attitudinal and performative theories of consent. Building on the phenomenology of Maurice Merleau-Ponty, Ann Cahill, Linda Martín Alcoff, and others, I argue that (...) taking consent to be an intercorporeal and dynamic coexistence of desiring bodies opens up new ways of thinking about the role of consent in sexual ethics. I suggest that phenomenology’s theories of embodied consciousness, operative intentionality, and the direct perception of others provide a better groundwork for conceptualizing the role of ambiguity and subtle power dynamics in sexual encounters than attitudinal or performative accounts of consent. I also defend my view against Jonathan Jenkins Ichikawa’s argument for doing away with the concept of consent in sexual ethics due to consent's stubborn and infelicitous presupposition of permission-giving. (shrink)

Discussions of sexual ethics often focus on the wrong of treating another as a mere object instead of as a person worthy of respect. On this view, the task of sexual ethics becomes putting the other’s subjectivity above their status as erotic object so as to avoid the harms of objectification. Ward and Anderson argue that such a view disregards the crucial, moral role that erotic objecthood plays in sexual encounters. Important moral features of intimacy are disclosed through the experience (...) of being an erotic object for another, as well as in perceiving another as an erotic object. Drawing on phenomenology, especially the insights of Simone de Beauvoir, Ward and Anderson argue that erotic encounters are shaped by the human condition of ambiguity, where being an object for others is intertwined with bodily agency. Because sexual agency is complex in this way, theories of sexual ethics and responsibility must widen their focus beyond transparent communication and authoritative expressions of will. (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)

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)

Deception sometimes results in nonconsensual sex. A recent body of literature diagnoses such violations as invalidating consent: the agreement is not morally transformative, which is why the sexual contact is a rights violation. We pursue a different explanation for the wrongs in question: there is valid consent, but it is not consent to the sex act that happened. Semantic conventions play a key role in distinguishing deceptions that result in nonconsensual sex (like stealth condom removal) from those that don’t (like (...) white lies). Our framework is also applicable to more controversial cases, like those implicated in so-called “gender fraud” complaints. (shrink)

I analyse the tension between a plausible liberal view of sex work and the similarly plausible idea that rape and other forms of sexual violence are made morally worse by their sexual nature. I find no conclusive reason to drop the liberal view of sex work, at least as long as the concept of voluntary and informed consent at the core of it is robust enough to account for the realities of prostitution around the world; nor should we abandon the (...) idea that rape is no ordinary immoral act: reducing sexual violence to non-sexual violence would misrepresent the relevant phenomena and perpetuate injustice. (shrink)

Sex robots are likely to play an important role in shaping public understandings of sex and of relations between the sexes in the future. This paper contributes to the larger project of understanding how they will do so by examining the ethics of the “rape” of robots. I argue that the design of realistic female robots that could explicitly refuse consent to sex in order to facilitate rape fantasy would be unethical because sex with robots in these circumstances is a (...) representation of the rape of a woman, which may increase the rate of rape, expresses disrespect for women, and demonstrates a significant character defect. Even when the intention is not to facilitate rape, the design of robots that can explicitly refuse consent is problematic due to the likelihood that some users will experiment with raping them. Designing robots that lack the capacity to explicitly refuse consent may be morally problematic depending on which of two accounts of the representational content of sex with realistic humanoid robots is correct. (shrink)

In this article I will revisit the question of what I term the continuum of heteronormative sexual interactions, that is, the idea that purportedly ethically acceptable heterosexual interactions are conceptually, ethically, and politically associated with instances of sexual violence. Spurred by recent work by psychologist Nicola , I conclude that some of my earlier critiques of Catharine MacKinnon's theoretical linkages between sexual violence and normative heterosex are wanting. In addition, neither MacKinnon's theory nor my critique of it seem up to (...) the task of providing an ethical account of the examples of “unjust sex” that Gavey has described. I come to the conclusion that an ethical analysis of sexual interactions requires a focus on sexual desire, but that desire cannot take on the by now heavily criticized role of consent. Rather than looking for the presence or absence of sexual desire prior to sexual encounters as a kind of ethical certification of them, we ought instead to focus on the efficacy of that sexual desire, that is, its ability (or lack thereof) to shape an encounter in substantial and meaningful ways. (shrink)

In 1977 Michel Foucault contemplated the idea of punishing rape only as a crime of violence, while in 1978 he argued that non-coercive sex between adults and minors should be decriminalized entirely. Feminists have consistently criticized these suggestions by Foucault. This paper argues that these feminist responses have failed to sufficiently understand the theoretical motivations behind Foucault's statements on sex-crime legislation reform, and will offer a new feminist appraisal of Foucault's suggestions.

I argue that “consent” language presupposes that the contemplated action is or would be at someone else’s behest. When one does something for another reason—for example, when one elects independently to do something, or when one accepts an invitation to do something—it is linguistically inappropriate to describe the actor as “consenting” to it; but it is also inappropriate to describe them as “not consenting” to it. A consequence of this idea is that “consent” is poorly suited to play its canonical (...) central role in contemporary sexual ethics. But this does not mean that nonconsensual sex can be morally permissible. Consent language, I’ll suggest, carries the conventional presupposition that that which is or might be consented to is at someone else’s behest. One implication will be a new kind of support for feminist critiques of consent theory in sexual ethics. (shrink)

Axel Honneth distinguishes between recognitive practices according to the social domain in which they occur and this allows him to theorise the relationship between power and recognition. 'Love-based recognition', which suggests the centrality of recognition to the relationships that nurture us in the first instance, is located in the family. Honneth argues that relationships encompassed by this category are pre-political, thereby repeating the distinction between the public and the private common to much political theory. This article explores the structure of (...) this delineation in his thinking. I argue that Honneth's analysis marginalises feminist concerns with how power functions through recognition in the private sphere. Honneth also robs himself of a rejoinder to recognition sceptics, who suggest that the desire for recognition is a condition of subordination. The article argues for an alternative approach to the analysis of 'love' within recognitive theory. © 2010 Macmillan Publishers Ltd. (shrink)

This paper critically analyses ‘the paradox of autonomy and consent in maternity care’. It argues that maternity care has certain features that increase the need for explicit attention to, and respect for, both autonomy and rigorous informed consent processes. And, moreover, that the resulting need is considerably greater than in almost all other areas of medicine. These features are as follows: (1) maternity care involves particularly socially sensitive body parts that are regularly implicated in consent‐centred procedures, as well as in (...) unconsented interventions, in ordinary, non‐medical life; and (2) much of maternity care (especially intervening in childbirth) is medically unique, in that it harms one patient (the mother) not primarily for the promotion of her own health but for the benefit of another (the baby). The apt comparison, within medicine, is therefore with non‐therapeutic research and transplantation medicine—both of which have elevated consent requirements characterized by very rigorous consent processes. At the same time—and this delivers the titular paradox—the importance of autonomy and consent in maternity care is at particular risk of being denied or disregarded. Jointly, these considerations make a very strong case for change: attention to and respect for autonomy and consent should be (1) core values; (2) key points of practical attention in the years ahead; and (3) central quality indicators in maternity care. (shrink)

In this response to the comments on my book, Rape and Resistance: Understanding the Complexities of Sexual Violation, I offer a futher elaboration of the crucial concept of sexual subjectivity put forward as a way to approach the normative evaluation of sexual practices. This concept makes possible a healthy pluralism without retreating to a facile libertarian view that would render consent sufficient to determine morally unproblematic sex. The concept of sexual subjectivity sanctions experimentation in our sexual lives and the question (...) arises as to whether this opens the door to anything. Yet the concept of experimentation also presupposes that some experiments fail and that all require assessment. I argue that assessment is best done in intra-group discussions where people share broad experiences and aims, but it is also possible to communicate concerns and ideas across groups. I then discuss my use of Foucault to elaborate the specific challenges that are encountered when one tries to speak about rape and sexual violations, and also the ways we can use his work to develop more effectively resistant speaking practices. (shrink)

The body is both the subject and object of intentionality: qua Leib, it experiences worldly things and qua Körper, it is experienced as a thing in the world. This phenomenological differentiation forms the basis for Helmuth Plessner’s anthropological theory of the mediated or eccentric nature of human embodiment, that is, simultaneously we both are a body and have a body. Here, I want to focus on the extent to which this double aspect of embodiment relates to our experience of temporality. (...) Indeed, to question, does this double bodily relation correspond to a twofoldtemporality of embodied intentionality? In the first part of this paper, I differentiate between the intentional temporality of being a body and the temporal experience of having a body. To further my argument, in the second part, I present examples of specific pathologies, as well as liminal cases of bodily experiences, wherein these temporal dimensions, which otherwise go hand-in-hand, become dissociated. Phenomenologically, I want to argue that Husserl’s differentiation between Leib and Körper corresponds to two genetic forms of intentionality – operative and act intentionality – and that these are, in turn, characterized by different temporalities. Anthropologically, I want to argue that having a body – what occurs as an inherent break to human embodiment – is the presupposition for the experience of a stable and object-like time. I will conclude that the double aspect of human embodiment and in particular the thematic experience of having a body enables both the experience of a past, which is remembered, and a future that is planned. (shrink)

This paper explores the conditions under which feminine beautification constitutes a feminist practice. Distinguishing between the process and product of beautification allows us to isolate those aesthetic, interapos;Subjective, and embodied elements that empower rather than disempower women. The empowering characteristics of beautification, however, are difficult and perhaps impossible to represent in a sexist context; therefore, while beautifying may be a positive experience for women, being viewed as a beautified object in current Western society is almost always opposed to women's equality (...) and autonomy. (shrink)

New York defines rape as forced penile vaginal penetration, which means only women can be rape victims. Given this definition, rape should always be considered a type of hate crime and thus eligible for sentencing enhancement because the perpetrators target victims based on their group membership. Such a narrow definition of rape is problematic because it fails to acknowledge oral and anal rape and overlooks the fact that men can also be raped. I argue that regardless of the type of (...) sexual assault that occurs, rape should be considered a hate crime when the rapist chooses the victim based on gender, gender identity, and/or sexual orientation and the rape reinforces the patriarchal and heteronormative hegemony. (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)

_Examines how violence has been conceptually and rhetorically put to use in continental social theory._.

Examines how violence has been conceptually and rhetorically put to use in continental social theory.

Sociologists have identified many factors that mitigate the progressive effects of the legal mobilization to end sexual violence. Within this body of research, however, there is little interrogation about the social construction of sexual harm. I use the case of child sexual abuse to investigate how prosecutors make sense of sexual harm. Data are qualitative interviews with 43 prosecutors. Findings reveal that prosecutors use a framework of sexual identity to construct sexual injury on the child’s body. The perceived harm centers (...) on the anticipated loss of the child’s heterosexual potential. Girl victims are thought to grow into sexual promiscuity, and boy victims are thought to grow into sex offenders. Prosecutorial constructions of child sexual abuse cases are future-oriented, which increases their urgency, and these constructions also imagine the child as a person in formation, rather than a fully actualized person with intrinsic rights. In revealing how the state of sexual victimization is not only deeply gendered but also heteronormative, this research has theoretical implications for childhood studies, queer studies, and anti-violence advocacy. (shrink)

This article studies our philosophical understanding of experience in order to question the current political and theoretical dismissal of experiential accounts in feminist theory. The focus is on Joan Scott's critique of experience, but the philosophical issues animating the discussion go beyond Scott's work and concern the future of feminist theory and politics more generally. I ask what it means for feminist theory to redefine experience as a linguistic event the way Scott suggests. I attempt to demonstrate that the consequences (...) that she draws from such a theoretical move are both philosophically and politically problematic. A critical study of the evidence of experience does not have to imply metaphysical or epistemological foundationalism, as Scott claims, but on the contrary, such a study is indispensable for challenging them. We must hold onto experience as an important resource for contesting sexist discourses and oppressive conceptual schemas. (shrink)

Some feminist theorists have argued that emphasizing women's self-defense mistakenly emphasizes women's behavior and choices rather than male aggression as a cause of sexual violence. I argue here that such critiques of self-defense are misguided, and do not sufficiently take into account the ways in which feminist self-defense courses can constitute embodied transformations of the meanings of femininity and rape. While certainly not sufficient to counter a rape culture by themselves, self-defense courses should remain a crucial element in feminist anti-rape (...) activism. (shrink)

Focusing on Foucault's work on “infamous men” and the “dangerous individual,” this chapter argues that there are other instances in Foucault's oeuvre in which he is similarly insensitive to violence against women, although these cases have drawn less critical attention. The two‐fold aim of the chapter is, first, to examine what is at stake for Foucault in his writings on infamous men and dangerous individuals whose infamy and dangerousness involved violence against women, and, second, to problematize Foucault's failure to attend (...) to gendered power relations in these texts. Foucault's most sustained consideration of a monomania diagnosis concerns the case of Pierre Rivière. The chapter argues that some of the aspects of existence that Foucault fails to see in his dogged focus on what he reads as agonistic medical‐iegal battles and power relations between men include the family, gender relations, the victimization of women and children, suffering, and love. (shrink)