With Pleasure: A Feminist Contractarian Supplement to the Nonideal Theory of Consent
ABSTRACT This article offers a feminist contractarian supplement to Quill R. Kukla’s nonideal theory of consent by focusing on mutual dispositions towards pleasure for the evaluation of the justice of a sexual encounter. Considering Kukla’s advocacy in favour of sexual communication for increased sexual agency under nonideal conditions, the absence of mutual positive dispositions towards pleasure in the scaffolding of consent is a considerable gap. The supplement I am proposing favours an equitable distribution of sexual costs and benefits and ensures positive expressions of agency that go beyond safety, trust, and epistemic capability. First, I argue that collaborative accounts of sexual agency must acknowledge the differences in the breadth of space allowed for women’s and nonbinary people’s pleasure versus men’s in the broader social context where sexual communication occurs. Then, adapting Jean Hampton’s feminist contractarianism to the sexual domain, I offer a supplement to Kukla’s scaffolding. I further argue that each partner’s positive dispositions towards their own and their partner’s pleasure help promote the expression of the positive agential powers of oppressed groups in sexual settings. Lastly, I respond to objections from cases of asexuality and sex work.
167
- 10.1016/0277-5395(84)90083-9
- Jan 1, 1984
- Women's Studies International Forum
64
- 10.1111/j.1468-5930.2012.00575.x
- Oct 10, 2012
- Journal of Applied Philosophy
31
- 10.1017/cbo9780511618239
- Nov 13, 2006
21
- 10.1177/147470491501300108
- Jan 1, 2015
- Evolutionary Psychology
11
- 10.1007/978-3-030-87786-6_18
- Jan 1, 2022
9
- 10.1007/978-3-030-87786-6_16
- Jan 1, 2022
101
- 10.1080/00455091.1987.10715928
- Jan 1, 1987
- Canadian Journal of Philosophy Supplementary Volume
83
- 10.1086/698733
- Oct 1, 2018
- Ethics
11
- 10.1016/j.paid.2019.05.031
- Jun 4, 2019
- Personality and Individual Differences
- 10.1007/978-3-030-87786-6_7
- Jan 1, 2022
- Research Article
193
- 10.1086/494761
- Jul 1, 1992
- Signs: Journal of Women in Culture and Society
T HI S ARTICLE originated from the recognition of two problems concerning the nature, meaning, value, and circumstances of prostitution within capitalist patriarchy. The first of these problems is the apparent conflict between some sex trade workers and many feminists in regard to the acceptability of prostitution. Women who work in the sex trade industry often feel condemned and rejected by many feminist women. One sex worker, for instance, writes resentfully of "the apparently immutable feminist party-line that [sex] work was degrading and oppressive to women," adding that feminists and sex trade workers "are split into good girls and bad girls-just like society's Good Women and Whores. Only this time the fears of moral inferiority and uncontrollable sexuality are couched in feminist political language."1 This notion is echoed in the anthology published by the Toronto Women's Press, Good Girls/Bad Girls: Sex Trade Workers and Feminists Face to Face, a partial transcript of a 1985 Toronto conference at which Canadian feminists and workers in the sex trade discussed sex work.2 Both great good will and anger are palpable among the participants. The workers did not want others to speak authoritatively about their lives; they resented the assumption that their work was necessarily demeaning and never freely chosen. Instead they defended their "right" to be prostitutes and the value, dignity, and liberty of the work, which
- Research Article
17
- 10.1071/sh10025
- Jan 1, 2011
- Sexual Health
Early marriage is common in many developing countries, including India. Women who marry early have little power within their marriage, particularly in the sexual domain. Research is limited on women's ability to control their marital sexual experiences. We identified factors affecting sexual communication among married women aged 16-25, in Bangalore, India, and how factors associated with sexual communication differed from those influencing non-sexual agency. We ran ordered logit regression models for one outcome of sexual agency (sexual communication, n = 735) and two outcomes of non-sexual agency (fertility control, n = 735, and financial decision-making, n = 728). Sexual communication was more restricted (83 women (11.3%) with high sexual communication) than financial decision-making (183 women (25.1%) with high financial decision-making agency) and fertility control (238 women (32.4%) with high fertility control). Feeling prepared before the first sexual experience was significantly associated with sexual communication (odds ratio (OR) = 1.8; 95% confidence interval (CI) = 1.13-2.89). Longer marriage duration (OR 2.13; 95% CI = 1.42-3.20) and having worked pre-marriage (OR 1.38; 95% CI = 1.02-1.86) were also significant. Few other measures of women's resources increased their odds of sexual communication. Education, having children, pre-marital vocational training and marital intimacy were significant for non-sexual outcomes but not sexual communication. Policy-makers seeking to enhance young married women's sexual communication need to consider providing sex education to young women before they marry. More broadly, interventions designed to increase women's agency need to be tailored to the type of agency being examined.
- Research Article
6
- 10.1007/s13178-023-00795-2
- Feb 8, 2023
- Sexuality Research and Social Policy
IntroductionIn the context of renewed debate about Canada’s “end demand” sex work laws, we took an intersectional approach to characterize experiences with the criminal legal system and perceived access to justice among transgender (trans) and nonbinary sex workers in Canada.MethodsThe Trans PULSE Canada community-based study collected multimode survey data in fall 2019. Data were cross-stratified by lifetime sex work and sex assigned at birth, ethnoracial group, or household income. Age adjustment did not meaningfully impact results.ResultsOf 2012 included participants (median age = 30, 66.5% assigned female at birth, 48.9% non-binary), 280 (16.1%) had ever done sex work. While access to justice was limited for trans and non-binary people overall, sex workers were more likely to anticipate (72.1% vs. 50.5%) and experience (43.2% vs. 15.7%) police mistreatment. In the previous 5 years, sex workers were more likely to experience violence for any reason (61.4% vs. 27.4% of other participants) or due to being trans or non-binary (41.4% vs. 14.0%), and to have avoided calling 911 for police (51.4% vs. 18.1%). Few sex workers trusted that they would be treated fairly by police if they experienced physical (10.8% vs. 34.9%) or sexual (4.7% vs. 20.6%) violence. Intersectional inequalities included that sex workers assigned male at birth and street-based workers were most likely to have experienced gender-based violence, and that Indigenous and racialized sex workers reported higher levels of police mistreatment and 911 avoidance.ConclusionsOverall, trans and non-binary people in Canada reported high levels of violence and limited access to justice. Sex workers faced large inequities in these outcomes, which were exacerbated for transfeminine, Indigenous, racialized, and street-based workers.Policy ImplicationsThese findings challenge the notion that Canadian sex work laws protect sex workers and highlight the limitations of formal legal protections for trans people. These inequities must be addressed in sex work legal reform efforts.
- Research Article
16
- 10.1080/10810730.2015.1018575
- May 7, 2015
- Journal of Health Communication
The current study aimed to identify the sources of HIV prevention information for female sex workers in Beijing and assess the associations between levels of mass media exposure of HIV/AIDS prevention information and HIV/AIDS knowledge as well as condom use–related attitudes, beliefs, and behaviors. Cross-sectional data were collected from 359 female sex workers in Beijing, China. Chi-square tests and one-way ANOVA tests were employed. Female sex workers sampled in Beijing were more likely to obtain HIV/AIDS prevention information from television and street posters than radio and the Internet. However, a higher level of exposure to and a lasting impression on online information were significantly associated with a higher level of condom use self-efficacy and more consistent condom use among the participants. Exposure to HIV/AIDS prevention information delivered by radio, street posters, and the Internet was found to be associated with sexual communication about HIV or condom use with sexual partners. Overall, this study provides preliminary evidence of the utility of various mass media outlets in delivering HIV/AIDS prevention information among female sex workers in China. Future studies are needed to systematically examine the effectiveness of mass media–based prevention education on HIV/AIDS related attitudes and behaviors among female sex workers and other populations in China.
- Research Article
- 10.1200/jco.2016.34.3_suppl.251
- Jan 20, 2016
- Journal of Clinical Oncology
251 Background: Changes to sexual wellbeing after cancer treatment can impact sexual satisfaction, depending on sexual function and relationship satisfaction. While communication has been shown to be a critical component of supportive relationships, it is unclear how it impacts sexual satisfaction, particularly amongst cancer survivors. This study aims to develop a model to understand factors of sexual satisfaction amongst breast cancer (BC) survivors and explore the role of communication. Methods: Adult (18+) BC survivors were invited to participate in an online survey via Register4. Measures included: demographics, the PROMIS Global Satisfaction with Sex Life Scale, Female Sexual Function Index, Sexual Self-Disclosure Questionnaire, The Dyadic Sexual Communication Scale, Dyadic Adjustment Scale, the Hospital Anxiety and Depression Scale. Research questions were addressed using correlations and a hierarchical Multiple Linear Regression. Results: 238 BC survivors (ave age=53) reported lower levels of sexual function within this sample when compared to other studies (FSFI M =17.96, SD =10.39). Higher levels of education (r=.17), dating or de facto relationships (r=.19) and living separately(r=.23), younger age (r=-.16) and shorter relationship length (r=-.14) were associated with higher levels of sexual satisfaction (p<.01). Education level, sexual function and sexual communication explained 78.5% of the variance in sexual satisfaction. There was a significant interaction of sexual function and sexual communication where the effect of high levels of sexual communication was increased at high levels of sexual function compared to lower levels of sexual function (β=.101, p=.005). Conclusions: Sexual function and communication play a significant role in sexual satisfaction amongst BC survivors. While many strategies to improve sexual function may be handled by women themselves, others require effective sexual communication with their partners. These results highlight the need for interventions to teach patients effective sexual communication after sexual changes due to cancer treatment.
- Discussion
61
- 10.1080/23268743.2021.1947883
- Oct 2, 2021
- Porn Studies
Increasingly, academic researchers are documenting the real-world impacts of deplatforming sex. For sex workers, deplatforming is a result of a range of factors, including automated content moderation practices, lack of transparency, and insufficient oversight. But at its core, the deplatforming of sex workers can be attributed to a structural and pervasive whore stigma at the heart of tech design, law, and policy. Despite the proactive role of sexual commerce in building the capacity and infrastructure of the internet, whore stigma is now coded into algorithms, community standards, and terms of service. In consequence, these operate to gentrify and sanitize online space, excluding sexual expression, communication, and representation, at the same time as extracting maximum value by monetizing the data and content of sex worker users. Indeed, as Gabriella Garcia has argued, ‘to Big Tech, the sex worker is as indispensable as they are disposable’. Sex workers – treated on the one hand as a source of profit and data, and on the other as collateral damage in an online gentrification project – face isolation, barriers to access and the closure of vital spaces for peer education, safety information, and community support. The devastating impacts of deplatforming upon sex workers ought to implore technologists, lawmakers, and policy-makers to re-think how safety, risk, and sex are conceptualized in regulating online space. In the midst of heated public policy debate, Hacking//Hustling – a New York-based sex worker collective – has emerged as a unique actor, placing sex workers at the forefront of conversations on tech regulation. An autonomous, peer-led, community-run collective with on-the-ground, embodied knowledge of the social impacts of poor policy design, Hacking//Hustling brings together community, researchers, and industry to change the conversation. Since their inception in 2018, they have run events, produced resources, lobbied politicians, distributed funds, mobilized sex workers, and infiltrated a range of institutional, industry, academic, and political spaces to centre sex worker lenses on technology. In this interview with Hacking//Hustling co-founder Danielle Blunt, we argue that internet studies scholars engaged in the field of platform governance ought to actively listen to the voices and experiences of sex workers. We outline some of the cornerstones of genuine and meaningful engagement, including hiring and paying sex workers as research partners, and illustrate how current debates on internet regulation miss opportunities to learn from the security and safety concerns of sex workers. Our conversation begins with a herstory of Hacking//Hustling, outlining their motivations and missions for ending state violence and surveillance. We then discuss their ethics, strategies, and activities, including distributing funds, producing community resources and intervening in academic institutions. We showcase some of their community research on the impacts of deplatforming and raise foundational problems with current law reform efforts. Finally, we argue for integrating sex on social media platforms and make provocations for holding Big Tech accountable for whorephobia.
- Research Article
3
- 10.1371/journal.pone.0266078.r004
- Apr 11, 2022
- PLoS ONE
IntroductionHIV prevalence and sexual risk have been estimated very high for transgender people. However, the limited sampling and data collection methods used in current research on transgender people potentially led to overrepresentation and generalisation of people at risk for HIV. Current HIV prevalence estimates in transgender populations are generalised from studies mainly focusing on transgender women engaging in sex work. Moreover, studies focusing on non-binary people, who identify with a broad range of identities beyond the traditional male and female gender identities, are scarce.ObjectivesTo estimate the HIV prevalence rate in the Flemish and Brussels (Belgium) transgender population, including transgender women, transgender men and non-binary people, and to identify the associated risk factors.MethodsIn this community-based cross-sectional study, self-identified transgender and non-binary (TGNB) people will be recruited through a two-stage time-location sampling approach. First, community settings in which TGNB people gather will be mapped to develop an accurate sampling frame. Secondly, a multistage sampling design is applied involving a stratification based on setting type (healthcare facilities vs outreach events), a selection of clusters by systematic sampling and a simple random selection of TGNB people within each cluster. Participants will complete an electronic self-reported survey to measure sociological, sexual and drug-using behaviors (risk factors) and oral fluid aliquots will be collected and tested for HIV antibodies. Logistic regression models will be used to evaluate risk factors independently associated with HIV infection. The presented study is registered at ClinicalTrials.gov (NCT04930614).DiscussionThis study will be the first to investigate the HIV prevalence rates and associated risk behaviors in an accurate representation of the TGNB population in a Western European country. The findings will globally serve as a knowledge base for identifying subgroups at risk for becoming infected with HIV within TGNB people and to set up targeted prevention programs.
- Research Article
5
- 10.1371/journal.pone.0266078
- Apr 11, 2022
- PLOS ONE
HIV prevalence and sexual risk have been estimated very high for transgender people. However, the limited sampling and data collection methods used in current research on transgender people potentially led to overrepresentation and generalisation of people at risk for HIV. Current HIV prevalence estimates in transgender populations are generalised from studies mainly focusing on transgender women engaging in sex work. Moreover, studies focusing on non-binary people, who identify with a broad range of identities beyond the traditional male and female gender identities, are scarce. To estimate the HIV prevalence rate in the Flemish and Brussels (Belgium) transgender population, including transgender women, transgender men and non-binary people, and to identify the associated risk factors. In this community-based cross-sectional study, self-identified transgender and non-binary (TGNB) people will be recruited through a two-stage time-location sampling approach. First, community settings in which TGNB people gather will be mapped to develop an accurate sampling frame. Secondly, a multistage sampling design is applied involving a stratification based on setting type (healthcare facilities vs outreach events), a selection of clusters by systematic sampling and a simple random selection of TGNB people within each cluster. Participants will complete an electronic self-reported survey to measure sociological, sexual and drug-using behaviors (risk factors) and oral fluid aliquots will be collected and tested for HIV antibodies. Logistic regression models will be used to evaluate risk factors independently associated with HIV infection. The presented study is registered at ClinicalTrials.gov (NCT04930614). This study will be the first to investigate the HIV prevalence rates and associated risk behaviors in an accurate representation of the TGNB population in a Western European country. The findings will globally serve as a knowledge base for identifying subgroups at risk for becoming infected with HIV within TGNB people and to set up targeted prevention programs.
- Research Article
5
- 10.19164/ijgsl.v2i1.1256
- Jul 6, 2022
- International Journal of Gender, Sexuality and Law
The Fight Online Sex Trafficking Act (FOSTA) has caused immeasurable economic harm and compromises workers' safety and harm reduction practices. The law has had the most harmful effects on the most marginal sex workers—people of color, transgender and non-binary people, people with disabilities, and working-class sex workers. Further, while FOSTA is a U.S. law its harms reverberate worldwide. Empirical data already demonstrates the damages of FOSTA to sex workers. With draft bills proposing to study the law (S.3165 - SAFE SEX Workers Study Act), and pending legal challenges, scholars continuing to gather data can help demonstrate to the U.S. Congress that reliable evidence unequivocally shows that they should repeal FOSTA. There is a need for intersectional analysis that explores the uneven impact of FOSTA, especially its effects on transgender and non-binary sex workers, who, alongside Black, Indigenous, and Latinx, and disabled sex workers, are often at the highest levels of risk. In this article, drawing from 34 in-depth interviews with transmasculine and non-binary sex workers, expanding existing studies documenting the harms of FOSTA on sex workers, I provide empirical evidence showing how the law has adverse effects on the most marginal and that such results are not limited to the U.S.
- Research Article
88
- 10.1097/00002030-200207260-00001
- Jul 1, 2002
- AIDS
In this article we will review the major interventions conducted to date in Mexico as part of the National AIDS Prevention and Control Program. We will also review the available data published in journals or presented at the International AIDS Conferences for insights into Mexican HIV prevention successes and failures that may have implications for AIDS programs in other developing countries. (excerpt)
- Research Article
15
- 10.1016/j.ssmqr.2021.100027
- Dec 8, 2021
- Ssm. Qualitative Research in Health
“What will we do if we get infected?”: An interview-based study of the COVID-19 pandemic and its effects on the health and safety of sex workers in the United States
- Research Article
- 10.3310/pfer1224
- Sep 1, 2024
- Public Health Research
There is extensive qualitative evidence of violence and enforcement impacting sex workers who are ethnically or racially minoritized, and gender or sexual minority sex workers, but there is little quantitative evidence. Baseline and follow-up data were collected among 288 sex workers of diverse genders (cis/transgender women and men and non-binary people) in London (2018–2019). Interviewer-administered and self-completed questionnaires included reports of rape, emotional violence, and (un)lawful police encounters. We used generalized estimating equation models (Stata vs 16.1) to measure associations between (i) ethnic/racial identity (Black, Asian, mixed or multiple vs White) and recent (6 months) or past police enforcement and (ii) ethnic/racial and sexual identity (lesbian, gay or bisexual (LGB) vs. heterosexual) with recent rape and emotional violence (there was insufficient data to examine the association with transgender/non-binary identities). Ethnically/racially minoritized sex workers (26.4%) reported more police encounters partly due to increased representation in street settings (51.4% vs 30.7% off-street, p &#x003D; 0.002). After accounting for street setting, ethnically/racially minoritized sex workers had higher odds of recent arrest (adjusted odds ratio 2.8, 95% CI 1.3–5.8), past imprisonment (aOR 2.3, 95% CI 1.1–5.0), police extortion (aOR 3.3, 95% CI 1.4–7.8), and rape (aOR 3.6, 95% CI 1.1–11.5). LGB-identifying sex workers (55.4%) were more vulnerable to rape (aOR 2.4, 95% CI 1.1–5.2) and emotional violence. Sex workers identifying as ethnically/racially minoritized (aOR 2.1, 95% CI 1.0–4.5), LGB (aOR 2.0, 95% CI 1.0–4.0), or who use drugs (aOR 2.0, 95% CI 1.1–3.8) were more likely to have experienced emotional violence than white-identifying, heterosexual or those who did not use drugs. Experience of any recent police enforcement was associated with increased odds of rape (aOR 3.6, 95% CI 1.3–8.4) and emotional violence (aOR 4.9, 95% CI 1.8–13.0). Findings show how police enforcement disproportionately targets ethnically/racially minoritized sex workers and contributes to increased risk of rape and emotional violence, which is elevated among sexual and ethnically/racially minoritized workers.
- Research Article
11
- 10.1007/s11524-022-00673-z
- Oct 12, 2022
- Journal of Urban Health : Bulletin of the New York Academy of Medicine
There is extensive qualitative evidence of violence and enforcement impacting sex workers who are ethnically or racially minoritized, and gender or sexual minority sex workers, but there is little quantitative evidence. Baseline and follow-up data were collected among 288 sex workers of diverse genders (cis/transgender women and men and non-binary people) in London (2018–2019). Interviewer-administered and self-completed questionnaires included reports of rape, emotional violence, and (un)lawful police encounters. We used generalized estimating equation models (Stata vs 16.1) to measure associations between (i) ethnic/racial identity (Black, Asian, mixed or multiple vs White) and recent (6 months) or past police enforcement and (ii) ethnic/racial and sexual identity (lesbian, gay or bisexual (LGB) vs. heterosexual) with recent rape and emotional violence (there was insufficient data to examine the association with transgender/non-binary identities). Ethnically/racially minoritized sex workers (26.4%) reported more police encounters partly due to increased representation in street settings (51.4% vs 30.7% off-street, p = 0.002). After accounting for street setting, ethnically/racially minoritized sex workers had higher odds of recent arrest (adjusted odds ratio 2.8, 95% CI 1.3–5.8), past imprisonment (aOR 2.3, 95% CI 1.1–5.0), police extortion (aOR 3.3, 95% CI 1.4–7.8), and rape (aOR 3.6, 95% CI 1.1–11.5). LGB-identifying sex workers (55.4%) were more vulnerable to rape (aOR 2.4, 95% CI 1.1–5.2) and emotional violence. Sex workers identifying as ethnically/racially minoritized (aOR 2.1, 95% CI 1.0–4.5), LGB (aOR 2.0, 95% CI 1.0–4.0), or who use drugs (aOR 2.0, 95% CI 1.1–3.8) were more likely to have experienced emotional violence than white-identifying, heterosexual or those who did not use drugs. Experience of any recent police enforcement was associated with increased odds of rape (aOR 3.6, 95% CI 1.3–8.4) and emotional violence (aOR 4.9, 95% CI 1.8–13.0). Findings show how police enforcement disproportionately targets ethnically/racially minoritized sex workers and contributes to increased risk of rape and emotional violence, which is elevated among sexual and ethnically/racially minoritized workers.
- Research Article
6
- 10.1007/s12119-022-10061-z
- Jan 7, 2023
- Sexuality & Culture
Prior research suggests that parents, peers, and media are popular sources of sexual information and beliefs among emerging adults. Sex-positivity is an orientation toward sex that emphasizes open-minded beliefs and communication about varying sexual behaviors, preferences, and orientations. The current study investigated whether these sexual information sources were associated with emerging adults' endorsement of sex-positive and sexual orientation-related sexual scripts, and if these sources and scripts were associated with sexual communication among a sample of college students ages 18-22 (n = 341). Results indicate that learning from television was positively related to sex-positive sexual script endorsement, and that sex-positive scripts were associated with more positive sexual communication. An interaction also emerged between gender and learning from television on sex-positive script endorsement, and between gender and learning from social media on sexual orientation-related script endorsement. The implications of these findings are contextualized within emerging adults' sexual agency and behavior. Future directions of research are also discussed.
- Research Article
56
- 10.1590/s0034-89102008000500007
- Oct 1, 2008
- Revista de Saúde Pública
OBJECTIVE: To understand the social context of female sex workers who use crack and its impact on HIV/AIDS risk behaviors. METHODODOLOGICAL PROCEDURES: Qualitative study carried out in Foz do Iguaçu, Southern Brazil, in 2003. Twenty-six in-depth interviews and two focus groups were carried out with female commercial sex workers who frequently use crack. In-depth interviews with health providers, community leaders and public policy managers, as well as field observations were also conducted. Transcript data was entered into Atlas.ti software and grounded theory methodology was used to analyze the data and develop a conceptual model as a result of this study. ANALYSIS OF RESULTS: Female sex workers who use crack had low self-perceived HIV risk in spite of being engaged in risky behaviors (e.g. unprotected sex with multiple partners). Physical and sexual violence among clients, occasional and stable partners was widespread jeopardizing negotiation and consistent condom use. According to health providers, community leaders and public policy managers, several female sex workers who use crack are homeless or live in slums, and rarely have access to health services, voluntary counseling and testing, social support, pre-natal and reproductive care. CONCLUSIONS: Female sex workers who use crack experience a plethora of health and social problems, which apparently affect their risks for HIV infection. Low-threshold, user-friendly and gender-tailored interventions should be implemented, in order to increase the access to health and social-support services among this population. Those initiatives might also increase their access to reproductive health in general, and to preventive strategies focusing on HIV/AIDS and other sexually transmitted infections.
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- 10.1080/08164649.2025.2563229
- Oct 8, 2025
- Australian Feminist Studies
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- Sep 16, 2025
- Australian Feminist Studies
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- 10.1080/08164649.2025.2558040
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