1st Edition

Consent Domestic and Comparative Perspectives

Edited By Alan Reed, Michael Bohlander, Nicola Wake, Emma Smith Copyright 2017
    454 Pages
    by Routledge

    454 Pages
    by Routledge

    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





    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





     

    Biography

    Alan Reed is Associate Dean (Research and Innovation) and Professor of Law at Northumbria Law School





    Michael Bohlander is the International Co-Investigating Judge at the Extraordinary Chambers in the Courts of Cambodia





    Dr Nicola Wake is Associate Professor of Law at Northumbria University





    Emma Smith is a Lecturer in Law, and has a number of leading outputs in the areas of Criminal Law and Evidence



    'Autonomy is so vital to personal integrity that protection is paramount, yet what constitutes valid consent and what can be consented to are highly contested. This collection addresses both concerns head on. It provides a sustained, theoretically-informed, comparative analysis of one of the most troublesome areas of criminal law.'

    Professor Gavin Dingwall, De Montfort University, Leicester, UK

    'I very much welcome the publication of this rich study on the multifaceted concept of consent in criminal law. Its extensive comparative analysis provides a broad and extremely useful overview on a fundamental issue which is at the core of many debates not only before domestic courts but also before international jurisdictions.'

    Judge Jean-Marc Lavergne, Extraordinary Chambers in the Courts of Cambodia, Phnom Penh