Consent (AO3)

Question 1

List the points to be made about Consent?

Answer 1

-Essential for daily things
-Difficulties balancing
-Sport
-Euthanasia
-Issues involving sexual offence
-Difficulties in sexual offence cases

Question 2

Explain essential for daily things

Answer 2

-It’s essential to have consent as a defence otherwise some sports/life-saving treatment would be impossible

Question 3

Explain difficulties in balance

Answer 3

Difficulties in striking a balance between individual freedom and social paternalism (looking after the public and protecting individuals from harmful behaviour) -> does social paternalism go too far and is there a conflict with the Human Rights Act 1998 and the provisions of the ECHR? – Decision in Brown v decision in Wilson re: sexual activity

Question 4

Explain sport

Answer 4

Problems defining what is inside and outside the rules of the game and inconsistency in that some sports involve deliberate harm which is allowed and yet in others less than deliberate harm constitutes an offence

Question 5

Explain social utility

Answer 5

Social utility issues in surgical operations – what can be consented to? What should be consented to?

Question 6

Explain issues with sexual offences

Answer 6

What about informed consent? S5 of the Sexual Offences Act which covers the offence of rape of a child under the age of 13 -> under s5, a girl under 13 is presumed never to be able to consent to sexual intercourse

Question 7

Explain Euthanasia

Answer 7

Does lack of ability to consent to own death conflict with Human Rights? -> Pretty

Question 8

How would you conclude evaluation here?

Answer 8

-REFER BACK TO QUOTE/QUESTION
-In your own opinion is the law satisfactory or does it need reform, to what extent?
-Will it ever be possible to reach a happy medium between legal principles and public policy? which is more important ? (public policy + legal principles)