There has been growing debate in recent years around whether lying to someone to get them to have sex with you could in some circumstances constitute what has come to be termed “rape by deception”. Crudely speaking, the crux of the debate is this: if unconsented-to sex constitutes rape, and deception vitiates consent, then it follows that sexual activity obtained by means of deception constitutes rape. The problem (or “riddle of rape by deception” as Jed Rubenfeld termed it in an influential and much discussed 2013 paper published in the Yale Law Journal) is that few, it seems, are prepared to accept that any and all material deception turns sex into rape. But, if not, then it appears that we may be forced to relinquish one or both of two widely held claims: that deception vitiates consent and/or that unconsented-to sex constitutes rape.
Various solutions to this “riddle” have been advanced by scholars from a range of different disciplinary backgrounds, but the debate remains far from settled. The aim of this workshop is to instigate further cross-disciplinary dialogue on the topic with a view to sharpening our understanding of the issues around deception-based sexual violence and what can and ought to be done in the face of them. In the service of furthering this aim, this workshop brings together a selection of commentators that are actively researching issues around sex, deception and consent from the distinct vantage points of their various disciplines, including philosophy, law, political science, health communication and media, and cultural and literary theory.
Workshop Schedule
Format of talks: 30-minutes for each presentation, followed immediately by 15-minutes Q&A
09:30-10:00 – Arrivals and Welcome: tea, coffee and biscuits for all attendees while organisers welcome everyone, provide key information and give brief introductory overview of the topic/talks
10:00-10:45 – Talk #1: Danielle Bromwich (University of Leeds) on ‘Permissible deception, valid consent, and unethical sex’.
10:45-10:55 – 10-minute break for changeover.
10:55-11:40 – Talk #2: Paddy McQueen (Swansea University) on ‘A joint-intentional account of sex-by-deception’.
11:40-12:00 – 20-minute convenience and refreshments break, with tea, coffee and biscuits for all attendees.
12:00-12:45 – Talk #3: Talita Ferrantelli (LSE) on ‘Defeating Sexual Consent’.
12:45-12:55 – 10-minute break for changeover.
12:55-13:40 – Talk #4: Lenise Prater (Deakin University) and Evie Kendal (Swinburne University of Technology) on ‘Rape by Deception in Popular Culture: The Hidden Harm in Body-swap Narratives’.
13:40-14:40 – Lunch: buffet lunch for all attendees.
14:40-15:25 – Talk #5: Matthew Gibson (University of Liverpool) on Title TBC.
15:25-15:35 – 10-minute break for changeover.
15:35-16:20 – Talk #6: John Child (University of Birmingham) on ‘Reforming the Relationship between Sexual Consent, Deception and Mistake: The Criminal Law Reform Now Network 2023 Report’.
16:20-16:30 – Closing and break: Following brief closing remarks by organisers, conference attendants will be given the option of joining us for refreshments at a local hospitality establishment or taking a break as they wish.
18:00-20:00 – Workshop Dinner.