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26 Jrslm. Rev. Legal Stud. 1 (2022)

handle is hein.journals/jerusrls26 and id is 1 raw text is: Jerusalem Review of Legal Studies, Vol. 26, No. 1 (2022), pp. 1-9
https://doi.org/10.1093/jrls/jlacO24
Two Comments on the Concept of
Consent in Sexual Offenses
Shaul Cohen*
Criminalizing Sex,1 Professor Stuart Green's comprehensive new book, is as
impressive as it is important. It is an outstanding work in two major aspects: the
academic research perspective and its application for criminal law practi-
tioners-judges, prosecutors, and defense attorneys.
What follows is a description of what has led me to this unequivocal
endorsement.
In the first section I present a brief overview of the book's structure. This over-
view clarifies why, in my opinion, this book is so impressive in its scope and of
great importance in its content.
In the second section, I address two issues related to the concept of consent in
sexual offenses that Green discusses in this book. I will present in this section
two of my own insights in relation to these two issues.
I. Introduction to the book
Before discussing anything else, I think that Criminalizing Sex is an impressive
book because of the breadth of the mission it sets out to accomplish, and indeed,
succeeds in doing so. The book establishes a new conceptual modern-liberal the-
ory, adapted to our times, to the proper rendering of criminal law enforcement
in the field of sexual offenses. In this way, the book lays a deep philosophical
foundation for the main rationales and goals upon which the realm of sexual
offenses should be based, and strive to achieve. A modern theoretical-
philosophical theory of this kind is of most importance because of what the au-
thor identifies, rightly, as significant perceptual changes that have occurred in
the latter part of the twentieth century in the law of sexual offenses in the West.2
In this respect, the book offers a macro-analysis of the contents and aims of this
area of the criminal law.
But no less, the book is outstanding because of its in-depth analysis of the
main familiar sexual offenses. While presenting and describing the known and
* Shaul Cohen, Prosecutor, Office of the Attorney General of Israel; Lecturer, Hebrew University, Jerusalem.
Email: shualcol010@gmail.com. The opinions in the article are the author's only.
1 STUART P. GREEN, CRIMINALIZING SEX: A UNIFIED LIBERAL THEORY (Oxford University Press 2020).
2 Id. at xiii (Introduction of the book).
© The Author(s) 2022. Published by Oxford University Press and the Hebrew University of Jerusalem.
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