Where does the law of consent stand in English Criminal Law?

Question

i just want to know, what can i add to it, what kind of cases and what kind of points

Answer 1

It stands in the middle of a mess of inconsistent cases. R v Brown is the main one, establishing the rule that consent to anything more than Battery is invalid (so far as offences against the person go). But Brown also established exceptions - like tatooing... surgery... dangerous exhibitions, sports etc. We see those exceptions being stretched in cases like R v Wilson (husband branding his wife's buttocks was classified as a form of tattooing).

Further complications are raised when you have to consider the effects of STDs and the consent issue. On the premise that infection with, say, HIV is sufficient harm for GBH, then there is the potential for HIV carriers who knowingly risk infecting others (and do infect them) to be charged with GBH s 20. But, shouldn't people be allowed to take the risk of infection if they want to? Main case on this is R v Dica. There's also another establishing finally that lying to a sexual partner about an infection does not vitiate consent to s*x.

Those are the really complex areas - but there are some other points of interest... for example consent to theft is impossible (for some reason which I can't recall, but involved a taxi and a tourist).

Then there's the whole issue of whether non-consent is an element of the offence or consent amounts to a defence...

Good luck with the essay. Things may have moved on since I did this stuff... it was a couple of years ago...

Answer 2

It doesn't affect it. There was a case recently, forget the citation sorry, in which a bunch of men were involved in violent sado masochistic s*x. Even though they all consented they were still found guilty of abh and imprisoned. If consent was allowed it would be a defence for anyone. ie you could beat someone up and say they agreed to it beforehand. Also illegal to assist suicide.

Answer 3

the sado case is brown its a HL case, so mega important for this Q!

Answer 4

You can't consent to s*x or sexual contact if your under the influence of Drink or Drug's, Below 16 or not of sound mental state.