“HANDS OFF”: SEX, FEMINISM, AFFIRMATIVE CONSENT, AND THE LAW OF FOREPLAY DAN SUBOTNIK* A feminist inquiry into the distinction [W]omen have a seemingly endless between rape and intercourse . capacity to lie, both to ourselves and would inquire into the meaning of the others, about what gives us pain and act from women’s point of view . what gives us pleasure. Catharine MacKinnon1 Robin West2 * Dan Subotnik is Professor of Law at Touro College, Jacob D. Fuchsberg Law Center and author of Toxic Diversity: Race, Gender, and Law Talk in America (N.Y.U. Press 2005). He can be reached at
[email protected]. I wish first to thank four people who helped me to find my way through the literature on the psy- chology of sexuality and to develop a questionnaire and process results thereof: Megan Hebert, Ph.D. candidate (psychology) University of Rhode Island; Cynthia Rosengard, Ph.D. (psychology) assistant professor, Brown Medical School; Lewis Lipsitt, professor of psychology, Brown University; and Melech Press, professor of psychology at Touro College. I thank Ted Burtness, Nancy Armstrong, Raymond Belliotti, Alan Wertheimer, Ken Rosenblum, Myra Berman, Andy Taslitz, Rena Seplowitz, Hon. Richard A. Posner, Jane Moriarty, Rochelle Silfen, Richard Klein, my sister Rena Subotnik, Tom Maligno, Lew Silverman and April Schwartz for their commentary on parts or all of manuscript. I also thank my superlative research assistants, Erin Darcy and Megan DiMiceli, and my editors, Deanna Zanetti, Lauren Silverman, Cynthia Leitzell and Gina Wischhusen. Christine Martins, James Durham, Leslie Wong, Roy Sturgeon and Fred Kelsey, Touro librarians, performed admirably in hunting down references.