Consent eval

Intro:

• legal commentators

• Set up debate

Ao1:

• common law

• Only for things lower than ABH - but exception!

• Rules of consent

P1:

Common law:

• Advantages - flexible

• Disadvantages - uncertainty, unfairness

• R v Brown 1994 and R v Wilson 1997

• Reform by codification

P2:

Exception:

• horseplay, sport, bodily adornment and surgery

• R v Jones and Others 1986 and R v Aitken 1992 - absolved of liability because horseplay

• Confusion of bodily adornment - R v BM - not in the public’s best interest - limited freedom of expression - unclear what is acceptable

P3:

Development of statutes:

Based on consent case law

• Sexual Offences Act 1956 - rules on consent, what is consent and enthusiastic agreement vs reluctant submission - relevant to R v Olugboja

• Domestic Abuse Act 2021 - a person cannot consent to serious harm being inflicted on them in a domestic relationship