University:
University College London
Course:
LAWS0357 | Sexuality and the Law
Academic year:

2024
Views:

200

Pages:

2
Author:

Namira A.

Deception, Consent To Sex, And R V Lawrance Date: 25 August 2023 Lecture: Dr Mark Dsouza, UCL Faculty of Laws Background - The protection of sexual autonomy is central to the purposes of the SOA 2003. - V’s sexual autonomy means she has absolute authority to choose when, and on what terms, to engage in sexual activity. - The process of granting consent to sexual activity usually involves a largely visceral rather than cerebral exercise of sexual autonomy. A ‘Disjunctive Approach’ - We should adopt a ‘Disjunctive Approach’, distinguishing between visceral and cerebral grants of sexual consent, when considering how the falseness of a belief affects sexual consent. - Making the truth of a belief a precondition for granting sexual consent takes a cerebral exercise of sexual autonomy. Only where V did this, does the falseness of the belief vitiate sexual consent. Implications (Basic) This means: - V can make the truth of any belief a precondition for her consent, but only if she cerebrally exercises her sexual autonomy to do so, and - As a matter of principle,it doesn’t matter how V came to hold the belief. Implications (Extended) Consistent With Or Achieves 1. IM v LM (on capacity to consent) 2. R v A(G) (on capacity to consent) 3. R v C (on capacity to consent) 4. Assange v SPA 5. R(F) v DPP 6. R(Monica) v DPP 7. R v Flattery 8. R v Williams 9. R v Jheeta 10. R v Bingham 11. Protects sexual autonomy 12. Not over-inclusive 13. Setting the Boundaries report [2000] re sexual autonomy, and meaning of 'deception as to purpose' Rejects 1. R v Lawrance 2. R v McNally (But it is complicated) 3. Ratio decidendi of R v Devonald (liability preserved) 4. Ratio decidendi of R v Matt (liability preserved)