consent Flashcards
what is consent
when someone gives consent to be touched, however will not always be accepted
what is it meant by consent must be real
not always accepted eg if its under duress
burrell v harmer
no consent as boys did not understand nature of act, getting a tattoo
r v tabbasum
consented to the nature but not the qaulity of the act, wasnt medically needed
r v paterson
consent was not real, knew nature and qaulity
r v dica ( informed consent)
had hiv and was aware, had sex with girls, they consented to the sex but not the hiv, recklessly transmitted
r v konzani
person consents to sex but not to getting any sexually transmitted diseases
what are all the limitations on consent
sexual acitivity, horseplay, consent in sport, euthanasia
what are examples of allowed consent
contact games, surgery, tatooing, body piercng
r v leech
aksed to be crucifed on cross, not allowed to rely on consent of victim as defence
r v BM
body modifications where ear, tongue done by non medical person, consent is allowed for tattooing, piercings, circumcision= procedures done for no good reason
r v gustavason
mutilated body parts for online stream for subscription, penis, leg and nipple cannot consent
r v slingsby for sexual activity
hand in vagina and anus,mans ring cut inside of vagina, girl got septicaemia , consented to the sex so defence
r v brown
homosexual, sadisitic sex , whipping ect, cant consent to that level of harm
r v williams
branded wifes butt, consnted but wanted tatoo instead, act was not for sexual gratification but considered as tatoo
what is horseplay
messing around
r v jones and others
boys injured having been tossed in the air by school mates
what is consent in sport
conduct outside rules to be expected
r v moss
sport isn’t a license for thuggery
what is the law on consent to euathansia
unlawfull to do postive act to asist suicide , passive euthanasia is lawfull, active is not
airdale NHS trust v bland
legally terminate treatment which was keeping him alive , machies only constituted to omission ( passive and allowed )
R v dpp
had ms and wanted to die , traveled to Switzerland to die, needed husbands help but would be charged
