Consent Evaluation Flashcards
(8 cards)
What is the first AO3 point in a consent evaluation essay?
General position of the defence - Seems fair to have limits on consent which protect people from major injuries, seems fair to ensure consent in real and informed as protects people who do not understand the actions, but it can be difficult for juries to decide whether consent is real (R vs Tabassum)
What is the reform for the first AO3 point in a consent evaluation essay?
Law Commission Consultation Paper 1996 suggests extending the range of situations that consent may be effective in which will increase clarity - but maintain that someone cannot consent to serious harm
What is the second AO3 point in a consent evaluation essay?
Sexual Activity - Decision in R vs Brown follows that someone cannot consent to serious harm but questions over whether the law should intervene in people’s personal lives - lack of consistency creates confusion especially around ‘normal’ sexual activity
Discuss homophobia issues
What is the reform for the second AO3 point in a consent evaluation essay?
Law Commission Consultation Paper 1996 suggests removing exception for sexual activity in R vs Wilson to preserve consistency
What is the third AO3 point in a consent evaluation essay?
Sport and Horseplay - Ruling in sport is good as it isn’t in public interest to arrest those in sport however, the defence does a good job in saying sport ‘isn’t a license for thuggery’ but questions around boxing which is a sport clearly to hurt your opponent, how does it differ from a bar brawl? Horseplay goes against the defence as GBH isn’t allowed to be consented to, but it was okay in Aitken as it was seen as a game - creates confusion and inconsistency
What is the reform for the third AO3 point in a consent evaluation essay?
Law Commission Consultation Paper 1996 suggests removing exceptions like horseplay to make the law more consistent and special rules to be introduced in sports like boxing
What is the fourth AO3 point in a consent evaluation essay?
Euthanasia - Law consistent on this to avoid opening floodgates. DPP set out guidelines to show when someone would be prosecuted which protects the vulnerable but restricts individual choice and freedom. Case law is clear but is it fair on the individual?
What is the reform for the fourth AO3 point in a consent evaluation essay?
Explore extension of guidelines for euthanasia to bring it into line with other countries that do allow it like Switzerland
