"By the early twentieth century, this articulation of women's bodies as biopolitical space had become far more pronounced-expressed throughout the 1920s and 1930s in particular in a language of consent. The talk of contracts, and especially the reinterpretation of the medieval private contract as a nineteenth century social contract, had led above all to an interwar fascination on the part of jurists with the biologically defined citizen and how consent theory specifically might regulate this citizen's sexuality. Italian fascist legislators, for example, began to imagine rape as both a crime against public morality and a crime against something called “sexual liberty,” the latter operating as a subset of the former. What exactly was meant by “sexual liberty” and why fascist legislators found it meaningful will be the questions that drive this section. I will indeed suggest over the next few pages that “sexual liberty” was a right that could be possessed only by biopolitically defined citizens, and that the consent on which this right was founded was likewise a biopolitical one-that paradoxically, as Vera Bergelson puts it, “valid consent eliminate[d] [the possibility of a] violation of rights.” I will therefore also suggest that consent played the same role in interwar sexual legislation that it had in interwar reproductive legislation. First and foremost a means of transforming women's bodies into space, it had little or nothing to do with “choice” or “freedom” per se, and placed women, not men, at the center of the public sphere."
Consent

January 1, 1970

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Original Language: English

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pp.93-94

https://en.wikiquote.org/wiki/Consent