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Professor published in Onati Socio-Legal Series special issue

(Jan 4) Professor Jennifer Koshan has published 'Marriage and Advance Consent to Sex: A Feminist Judgment in R v JA' in Vol 6, No 6 (2016) of the Onati Socio-Legal Series special issue on Radically Rethinking Marriage (available on SSRN). The paper is a feminist judgment in R v JA (Supreme Court of Canada 2011), a spousal sexual assault case involving the issue of whether parties can consent in advance to sexual activity that will occur while they are asleep or unconscious. Taking a harm-based approach to criminality that considers both negative and positive sexual autonomy, the judgment concludes that advance consent should not be considered valid without certain legal safeguards being put into place.