ScholarWorks@숙명여자대학교

초록

This paper criticizes the current rape crime system, advocating for a revision of the definition of rape to focus on non-consent through a “Yes means Yes” model. It argues that the existing requirement for evidence of assault or intimidation fails to address the realities of sexual violence. By redefining rape as sexual violence, the paper highlights gender power dynamics and the disparities in sexual self-determination rights. It also discusses how women’s consent is often influenced by gender roles, leading to inauthentic consent. The need for a procedure to confirm genuine voluntary consent is emphasized. This paper contrasts the “No means No” model, which places the burden on women, with the “Yes means Yes” model, which requires both parties to actively seek consent. Proposed legal revisions aim to clarify sexual inequalities and ensure women’s rights to sexual self-determination.

키워드