1st Edition
Consent Domestic and Comparative Perspectives
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
