The sexual contract, or the Absense of Woman. This paper tries to analyze the theoretical failure of consent to sexual relations. In first part, it describes the kantian conception of rightful sexual relations, showing as Kant does not treat the woman like a «thing» to be possessed, but rather the «thing» like a woman. In second part, the paper gives an interpretation of the impossibility of the sexual contract in Marguerite Duras's work The malady of death.