Consent Flashcards
In what situations does consent obtained by fraud negate consent?
Where the victim is deceived as to the identity of the person and/or the nature and quality of the defendants act
What case is relevant to the victim being deceived about the identity of the person?
R v Richardson (1998)
What is the case of R v Richardson (1998) relevant to?
The victim being deceived about the identity of the person
In what year was the case of R v Richardson?
1998
What case happened in 1998?
R v Richardson (1998)
What happened in the case of R v Richardson (1998)?
Richardson was a dentist suspended from practice but carried on treating her patients
What was the outcome of R v Richardson (1998)?
She was convicted of ABH but her appeal was allowed because she had not informed them she was not qualified, she had not deceived them in any other way. They consented to to treatment from her, it is irrelevant that they might or might not have consented if they knew the truth
What case is relevant to the victim being deceived about the nature and quality of the defendants act?
R v Tabassum (2000)
What is the case of R v Tabassum (2000) relevant to?
The victim being deceived about the nature and quality of the defendants act
What happened in the case of R v Tabassum (2000)?
He examined the breasts of several women telling them it was for medical research but was in fact doing it for his own enjoyment
What was the outcome of R v Tabassum (2000)?
His conviction under the sexual offences act 2003 was upheld as the women consented for medical purposes, they had been deceived about the quality of the act so had not really consented
Does consent obtained by fraud negate consent?
Not always
In what case was the doctrine of informed consent created?
R v Dica (2004)
What was created as a result of the case of R v Dica (2004)?
The doctrine of informed consent
What case happened in 2004?
R v Dica
In what year was the case of R v Dica?
2004
What happened in the case of R v Dica (2004)?
The defendant knew he was HIV positive and had sex with two women who were unaware of this
What was the outcome of R v Dica (2004)?
The court ruled that consenting to sex did not mean automatic consent to risk of injury or infection. He was convicted of s20 GBH
How have the courts attempted to balance when consent is given?
They have tried to establish when consent is given in certain scenarios.
What is an example of consent in everyday life?
A person consents go assault and battery otherwise everyday life would be difficult e.g jostling on the tube
What is the cut off point for consent in everyday life?
Injuries from ABH upwards
What situations are exempt from the principle of consent of everyday life?
Contact sports, surgery, horseplay, tattooing and branding, sexual activity (but not sado-masochism), haircuts
How does consent work in contact sports?
The defendant consents to risk of injury but within the rules of the game
What case is relevant to contact sports and consent?
R v Moss (2000)
What is the case of R v Moss (2000) relevant to?
Contact sports and consent
What case happened in 2000?
R v Moss
In what year was the case of R v Moss?
2000
What happened in the case of R v Moss (2000)?
The defendant punched the victim during the course of a rugby match and fractured his eye socket
What was the outcome of R v Moss (2000)?
The defence was unavailable and the defendant was convicted of S20 GBH
What is the debate surrounding horseplay?
It is a contentious issue because the law allows for the defence of consent for rough horse play but it may be perceived as bullying by others. Although courts say there should be a lack of intention but this is difficult to establish, particularly in children
What case happened in 1987?
R v Jones and Others (1987)
In what year was R v Jones and Others?
(1987)
What is the case of R v Jones and Others (1987) relevant to?
Consent and horseplay
What case is relevant to consent and horseplay?
R v Jones and Others (1987)
What happened in the case of R v Jones and Others (1987)?
Some boys were injured being thrown in the air by school mates. One had a ruptured spleen and broken arm.
What was the outcome of R v Jones and Others (1987)?
The defence of consent is allowed
What case is relevant to tattooing and branding?
R v Wilson (1997)
What is the case of R v Wilson (1997) relevant to?
Tattooing and branding
What case happened in 1997?
R v Wilson
What year was the case of R v Wilson?
1997
What happened in the case of R v Wilson (1997)?
The defendants branded his wife with a hot butter knife
What was the outcome of R v Wilson (1997)?
His conviction was quashed because she had consented and that branding was like bodily adornment, similar to a tattoo
Explain consent and sexual activity…
Injury accidentally inflicted during sexual activity between consented adults is not assault, even if one dies
What cases are related to sexual activity?
R v Slingsby (1995)
R v Brown (1994)
What is the case of R v Slingsby (1995) relevant to?
Sexual activity
In what year was the case of R v Slingsby?
1995
What case happened in 1995?
R v Slingsby
What happened in the case of R v Slingsby (1995)?
The victim and defendant had consenting sex and he accidentally scratched her with his signet ring. She suffered internal cuts and died from septicaemia
What was the outcome of R v Slingsby (1995)?
The court held there was no assume as the victim consented, so the defendant was found not guilty of unlawful act manslaughter.
What is the case of R v Brown (1994) relevant too?
The defence not being available during sado-masochism but the outcome being contentious
What case happened in 1994?
R v Brown
In what year was the case of R v Brown?
1994
What happened in the case of R v Brown (1994)?
A group of gay men over a ten year period enthusiastically took part in acts of violence against each other for sexual pleasure. They all consented, no one went to the police, no one sought medical treatment or suffered permanent injury. The police discovered the activities by accident.
What was the outcome of R v Brown (1994)?
They were charged with various offences under offences against the persons act 1861. They were convicted and their appeals were rejected
What is the debate surrounding R v Brown (1994)?
Compared to the case of R v Slingsby it would appear this case was based on the judges beliefs. Precedent set by Brown should’ve been followed in Slingsby, the fact it was not has led to the the decision in Brown supposedly led by homophobia.
