Full Description
This volume presents a leading contribution to the substantive arena relating to consent in the criminal law. In broad terms, the ambit of legally valid consent in extant law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent. This book seeks to provide a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for consent. The comparative chapters provide a wider background of how other legal systems' treat a variety of specialised issues relating to consent in the context of the criminal law. The debate in relation to consent principles continues for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems' approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.
Contents
Contents
Notes on Contributors
Preface
Introduction
PART I
1 Distinguishing sex from sexual violation: Consent, negotiation and freedom to negotiate
Tanya Palmer
2 Relational Autonomy and Consent
Jonathan Herring
3 The Relationship between Capacity and Consent
Claire De Than and Jesse Elvin
4 Attacks on the Mind and the Legal Limits of the Seduction Industry
Gavin Byrne and John Child
5 Consenting to Personal Injury
William Wilson
6 Assault, Strangulation and Murder - Challenging the Sexual Libido Consent Defence Narrative
Susan Edwards
7 Contributory Negligence and Consent
Verity Adams
8 CAVEAT AMATOR: Transmission of HIV and the Parameters of Consent and Bad Character Evidence
Alan Reed and Emma Smith
9 Deciding to Die and Help with Dying: What Can and Cannot be Done in England and Wales.
Bob Sullivan
10 The 'Higher' Age of Consent and the concept of Sexual Exploitation
Alisdair Gillespie and Suzanne Ost
11 Consent: Revisiting the Exemption for Contact Sports
Mark James
12 Finding Free Agreement: The Meaning of Consent in Sexual Offences in Scots Criminal Law
Claire McDiarmid
13 Consent in Irish Law
John Stannard
PART II
1 South Africa
Gerhard Kemp
2 Australia
Mirko Bagaric
3 Germany
Kai Ambos and Stefanie Bock
4 Islamic Law
Mohammad Hedeyati-Kakhki
5 Netherlands
Anne Postma
6 New Zealand
Julia Tolmie
7 USA
Vera Bergelson
8 Turkey
Murat Onök
9 France
Dimitrios Giannoulopoulos and Raphaële Parizot
10 Spain
Mario Maraver Gómez and Manuel Cancio Meliá
11 Sweden
Petter Asp and Magnus Ulväng
