Consent

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

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