The Psychology and Law of Hazing Consent

Abstract

In this article, we attempt to do several things. First, we grapple with how consent has been construed in both criminal and civil (i.e., tort) law. Then we focus our analysis on how the concept of consent has been construed in the context of hazing both within state hazing statutes and court cases. We then analyze a range of psychological theories, largely undergirded by empirical support, that explain why individuals may allow themselves to be hazed and why hazing victims may find it difficult to extricate themselves from hazing situations. In the end, we conclude that the law should have a more nuanced assessment of hazing consent on a case-by-case basis.

Keywords: hazing, consent, criminal law, torts, psychology