Abstract
Our nation is engaged in deep debate over sexual consent. But to date the discussion has overlooked sexual consent’s implications for a key demographic: people with mental disabilities, for whom the reported incidence of sexual violence is three times that of the nondisabled population. Even as popular debate overlooks the question of sexual consent for those with disabilities, contemporary legal scholars critique governmental overregulation of this area, arguing that it diminishes the agency and dignity of people with disabilities. Yet in defending their position, these scholars rely on empirical data from over twenty years ago, when disability and sexual assault laws and social norms looked quite different than those of today.
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About the Author
Jasmine E. Harris of University of Pennsylvania Carey Law School is a law and inequality legal scholar with expertise in disability law, antidiscrimination law, and evidence. Her work seeks to address the relationship between law and equality with a focus on law’s capacity to advance social norms of inclusion in the context of disability. Harris also writes frequently about disability and equality law for popular audiences. Her essays have appeared in the New York Times, San Francisco Chronicle, Ms. Magazine, and Tribune Wire, in addition to academic blogs such as the American Constitution Society’s Expert Forum and Harvard Law School Petrie-Flom Center’s Bill of Health. Harris graduated magna cum laude from Dartmouth College with a bachelor’s degree in Latin American & Caribbean Studies. She received her juris doctorate from Yale Law and clerked for the late Honorable Harold Baer, Jr., United States District Judge for the Southern District of New York. She has worked in both private and public interest law. Harris practiced complex commercial litigation, securities, and government investigations as a Senior Associate with WilmerHale. She also worked as a staff attorney at Advancement Project, a national civil rights organization, where she assisted grassroots advocacy campaigns to advance racial justice in education and address the school to prison pipeline through legal, policy, and communications efforts.
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