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41 Akron L. Rev. 847 (2008)
Copulemus in Pace: A Mediation on Rape, Affirmative Consent to Sex, and Sexual Autonomy

handle is hein.journals/aklr41 and id is 855 raw text is: COPULEMUS IN PA CE:* A MEDITATION ON RAPE,
AFFIRMATIVE CONSENT TO SEX, AND SEXUAL
AUTONOMY
Dan Subotnik**
I asked him with my eyes to ask again yes and then
he asked me would I yes to say yes my mountain flower
and first I put my arms around him yes and drew him
down to me so he could feel my breasts all perfume
yes and his heart was going like mad and yes I said
yes I will Yes. (sic)
James Joyce1
I. INTRODUCTION
Here is a rich irony to chew on: At a time when women's political,
social, physical, and especially economic powers are at a 10,000-year
high, a movement to regulate sexual intercourse in this country is
growing, fueled by the notion that contemporary women can't say no.
I am not making light of unwanted sex. Evidence of the physical
and psychological damage to women that results therefrom is
overwhelming. Neither am I suggesting that the test for a reform agenda
is whether it makes historical sense. Such tests are never more than
provisional; circumstances are always changing. With hard thinking,
moreover, the body politic can get wiser over time. I have refrained
* Let us copulate in peace or, optatively, May we copulate in peace. (Latin).
** Dan Subotnik is a professor at Touro Law School, Jacob D. Fuchsberg Law Center, and author of
Toxic DIVERSITY: RACE, GENDER, AND LAW TALK IN AMERICA (2005). The author thanks Kate
Anderson, Cynthia Raskin Rocco, Roy Sturgeon, Leslie Wong, and, above all, his wife, and editor
and counselor par excellence, Rose Rosengard Subotnik. He would also like to thank Malisheia
Douglas, Katie Albrecht, and all the other Akron Law Review members who worked so hard on his
article and the Rape, Affirmative Consent, and Sexual Autonomy Symposium. Finally, the author
would like to thank Professor Jane Moriarty for organizing the symposium and his Dean, Lawrence
Raful, for generous summer support.
1. JAMES JOYCE, ULYSSES 768 (1914). The passage from which the epigraph was taken has
come to be known as Molly Bloom's Soliloquy.

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