Rape Definition Essay

Every word has a meaning and a purpose on why it was invented. Just like words have a purpose on it’s origin, laws have a purpose and a meaning on why it was even passed on the first place. We might not know the correct definition behind every single word we have knowledge of, but we have at least an idea of what it’s accurate definition is. For example, when one is asked to define what rape means to them, they might say, “forced sex without the other person’s consent”. While that might not be the correct definition, it is pretty close. Rape is an act of sexual intercourse which was carried out by force, without the other person’s consent, or with a person who is not capable of giving valid consent due to a numerous different reasons. For the most part, everybody has an idea of what rape consists of, but not everybody has concept of the real definition behind the word consent. While consent is mostly about agreeing or giving permission, in the context of rape it is much more than a simple yes or no. In cases of rape, giving or having consent is key, and

Based on an article written by Jonathan Herring, author and professor of Law at Exeter College, University of Oxford, “In the context of rape, consent is required because a sexual penetration is a prima facie wrong. It involves the use of force against a body and involves risks to the other person.” (63). Since consent is required no matter what the situation is, one must not assume that they are respecting someone’s decision of granting consent at the time of the incident even though it is a form of free informed consent. There are three types of autonomy in the context of rape: ideal desire, best desire, and current desire. With those three forms of autonomy in mind, “The person may be consenting with current desire autonomy, but that not be reflecting best desire autonomy.” (Herring