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This article continues to develop an argument in favor of comparative criminal liability started in "Victims and Perpetrators: An Argument for Comparative Liability in Criminal Law," 8 Buff. Crim. L. Rev. 385 (2005). The essence of my argument is that people's rights are not static but depend on their actions, and victims may reduce their right not to be harmed either voluntarily, by consent, waiver or assumption of risk, or involuntarily, by an attack on some legally recognized rights of the perpetrator. If that happens, perpetrators should be entitled to a defense of complete or partial justification, which would eliminate or diminish their criminal liability.

Conditional Rights and Comparative Wrongs: More on the Theory and Application of Comparative Criminal Liability