Consent evaluation Flashcards
Explicit consent
Explicitly orally or in writing saying that the acts are ok
Implied consent
Implying through conduct that consent has been given
True consent
The defendant having full knowledge of the acts of the defendant
Tabbassum
V’s Didn’t have true consent
they believed that D was examining them for breast cancer research however he was merely doing it for his own perverted desires
Valid consent
referring to the legal capacity of the victims
- of legal age to consent
- mentally capable of consenting
Burrell v Harmer
D’s were underage and therefore could not consent to getting a tattoo
When can the defence of consent be used
- criminal acts outlined under Section 47 and section 20 of the OAPA
- NOT ALLOWED FOR section 18
- Allowed in unlawful act manslaughter cases (Slingsby)
What are Lord Lanes exceptions
- horseplay
- chastisement
- vigorous sexual activity
- emergency medical intervention
- piercings and tattoos
Evaluation point 1 - True consent
Consideration of need for legal capacity to consent
- protects vulnerable members of society
- protection of children
- protection of mentally disabled
- protection of the public
Evaluation point - True consent extension
Protects people who are fraudulently deceived into consenting
- Tabassum
Evaluation - inconsistency in sentencing
R v Brown - gay sadomachist acts were done and they were convicted under OAPA
R v Wilson- straight partners branded each other defence was allowed
CONSENT IN BOTH
- allows for the implication of the courts personal bias = unjust
- need of reform to meet progressive modern standards
Evaluation - Lord Lanes exceptions
Allowance for horseplay is unfair
R v Aikten - V was set alight and permanent burns to vast majority of his body however Ds could argue consent due to Lord Lanes exceptions
- lack of protection for victims and therefore in need of reform to create a just criminal system
Evaluation point - emergency medical intervention
Great thing
-Prevents doctors from being sued for just trying to do the best for their patients
- If this wasn’t allowed it would act as a deterrent for the medical field
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