The Sexual Being: A Vulnerability Theory Approach to Sexual Assault

Authors

Brittany Pierce

Abstract

The article critiques traditional legal frameworks addressing sexual assault for focusing on a flawed neoliberal concept of consent, which fails to account for power imbalances and societal influences. It advocates for a vulnerability theory approach, emphasizing that sexual assault is deeply rooted in institutional failures, particularly in education, religion, and cultural norms, which perpetuate harmful gender roles and lack of comprehensive sexual education. The author argues that addressing these systemic issues through education and regulation is more effective than solely refining legal definitions of consent.

Disciplines

Law | Law and Gender | Legislation

Recommended Citation

Brittany Pierce, The Sexual Being: A Vulnerability Theory Approach to Sexual Assault, 26 Cardozo J. Equal Rts. & Soc. Just. 443 (2020).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol26/iss3/3