Public Policy, Developing Capacity, the Law, and Legal Assent
Chapter 10 explores legal reforms for sexual harassment law. It suggests “legal assent” as a substitute for adolescent “consent.” This proposal affords teenagers the chance to revoke their “consent” when an adult behaves abusively, takes unfair advantage, or breaches a duty owed to that minor. This approach contemplates that adults will treat minors with care, as would a fiduciary, and will refrain from sexual activity with minors. A minor’s revocation mimics the operation of traditional contract law defenses such as unconscionability, undue influence, and duress that work to invalidate contracts. Once the adolescent abrogates the assent and the court confirms the abrogation, a court must prohibit or exclude any further discussion of the original “consent.” Chapter 10 provides greater detail regarding this proposed legal reform.
Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.