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Dershowitz: Affirmative Consent Good in the Bedroom, Bad in the Courtroom - FIRE
Writing in The Washington Post, Harvard Law School professor emeritus and longtime civil liberties advocate Alan Dershowitz makes a compelling case that while affirmative consent may be a good model for individual communication about sexual activity, it is a “dreadful mistake” for universities to use it to determine whether a student has committed sexual assault. To explain this distinction, Dershowitz divides issues of consent into two separate questions. First, there is the primary personal question one faces of whether “to proceed or not to proceed” with a sexual encounter. Second, there is the question of how a judicial system—either a …