ABSTRACT

When does deception lead to non-consensual behavior? Why does it do so? This chapter discusses these questions, by introducing a distinction between “duty-first” and “awareness-first” approaches. Duty-first approaches begin by specifying key duties not to deceive a consent-giver. These approaches then hold that the consent-receiver lacks the consent-giver’s valid consent because she has not carried out these duties. By contrast, awareness-first approaches start with an account of key features of an interaction of which a validly consenting person must be aware.