Defence of Consent

Question 1

Can consent be implied?

Answer 1

It must be true consent, Tabassum 2000:
A lecturer who carried out physical examinations on women for breast cancer, and the women consented to the check for breast cancer. This was not his intention as he wasn’t qualified he was doing it for his own sexual gratification. They didn’t consent to what was actually going on, there was no true consent therefore no defence.

Question 2

Is consent given through fear true consent?

Answer 2

D and L picked up Karen and Jayne at a disco and took them to L’s bungalow. L raped Jayne in the car and Karen in the Bungalow. D then raped Jayne who submitted through fear, without D using force or making any threats. no consent

Question 3

Can consent be used for OAPA?

Answer 3

Consent is no defence to S.18, S.20 or S.47 unless is comes under one of the circumstances

Question 4

There is consent in sporting events to harm, but what happened in the case of R v Johnson 1986?

Answer 4

D was tackled in a rugby gama as he has the ball, and in the struggle for the ball he bit part of another players earlobe off.
‘unlawful violence… on the football field needs discouraging as much as violence on the terraces or indeed anywhere else’

Question 5

Is defence available as a defence to murder?

Answer 5

No