Tom Dougherty

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No Way Around Consent: A Reply to Rubenfeld on “Rape-by-Deception”

Recently, Jed Rubenfeld has argued for a new rape law principle that aims to unravel an intriguing riddle that he has posed about obtaining sex by means of deception. In this Essay, Tom Dougherty argues that Rubenfeld’s self-possession principle itself gives a role to consent that deception can effectively vitiate. In light of this difficulty, Dougherty suggests that the only...