Consent Flashcards
What defence is consent?
Common law
What happened in Slingsby?
D and V took part in sexual activities. The signet ring D was wearing caused small internal cuts to V’s vagina which led to blood poisoning from which she died. V’s consent meant that there was no battery of any other offence as there was no unlawful act
How much of a defence does consent provide?
Complete defence
What happened in Slingsby?
D and V took part in “Vigorous” sexual activity. The signet ring D was wearing caused small internal cuts to V’s vagina which led to blood positioning and V dying. V consented to the act therefore D was not guilty as there was no unlawful act.
How does the defence of Consent work?
Having V’s consent prevents D incurring liability for what would otherwise be an offence as it negates the unlawfulness of the “force” used.
What does Pretty v Uk confirm ?
Consent is not a defence to murder
(The HL and the EctHR both refused to permit Mrs Petty to willingly did at the hands of her husband)
For consent to be valid what must the activity have ?
Social Utility
(The law approves of certain activities as it recognises that they have a “public benefit” and thus individuals should be able to consent to the contact that comes with the activity, even though the harm may be serious)
