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Consent (criminal law)

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691:, if a sexual partner was asleep, unconscious or a jury decides that a complainant was unable to consent, sexual contact is considered rape. In New South Wales, Victoria, South Australia, Tasmania and the Northern Territory, consent is not possible when the complainant was asleep or unconscious. In Victoria, South Australia, Tasmania and the Northern Territory, there is no consent where the complainant is so affected by alcohol or other drugs as "to be incapable of freely agreeing" to the sexual activity. In the Australian Capital Territory, the effect of alcohol or other drugs is less qualified; there is no consent if it is caused by "the effect of intoxicating liquor, a drug or anaesthetic". In NSW, there may be no consent where a complainant was "substantially intoxicated by alcohol or any drug". This formulation adopts the view expressed in the 2010 Family Violence – A National Legal Response report of the Criminal Justice Sexual Offences Taskforce and Australian Law Reform Commission that the degree of intoxication and whether it was such that a person was "unable to consent" are matters for the jury. 870:
the spread of catastrophic illness must be avoided or prevented. On the other hand, the public interest also requires that the principle of personal autonomy in the context of adult non-violent sexual relationships should be maintained. If an individual who knows that he is suffering from HIV conceals this stark fact from his sexual partner, the principle of her personal autonomy is not enhanced if he is exculpated when he recklessly transmits HIV to her through consensual sexual intercourse. On any view, the concealment of this fact from her almost inevitably means that she is deceived. Her consent is not properly informed, and she cannot give an informed consent to something of which she is ignorant. Equally, her personal autonomy is not normally protected by allowing a defendant who knows that he is suffering from HIV which he deliberately conceals, to assert an honest belief in his partner's informed consent to the risk of the transmission of HIV.
980:(1954) 3 AER 59). So if a person is brought into a hospital unconscious, surgery to preserve life will not be unlawful. But, if the health authorities have actual notice that the patient does not consent, even necessary treatment will be unlawful unless either it becomes urgently necessary to take action to avoid death, or consent is given either by a spouse or relative, or by a court. There have been cases, for example, where it was not to be an assault for prison hospitals for force-feed a prisoner on hunger strike, but such cases are not of general application. When in doubt, consent should be sought from the courts. In any event, treatment will only be lawful if it is of therapeutic rather than cosmetic value. Similarly, tattooing, ear piercing and other cosmetic procedures will be lawful if there is actual consent. 780:(May, 2000). The three complainant women agreed to the appellant showing them how to examine their own breasts. That involved the appellant, himself, feeling the breasts of two of the women and using a stethoscope beneath the bra of the third woman. Each of the three women said that they had only consented because they thought the appellant had either medical qualifications or relevant training. He had neither. There was no evidence of any sexual motive. He was convicted on the basis that the complainants had only consented to acts medical in nature and not to indecent behavior, that is, there was consent to the nature of the act but not its quality. 904:(1882) 8 QBD 534, members of the public who attended an illegal prize fight in a public place were convicted of aiding and abetting an assault. They were cheering on the boxers whose conduct was likely to and did produce a breach of the peace, so any mutual consent given by the fighters was vitiated by the public nature of the entertainment irrespective of the degree of injury caused or intended. Hence, the principal offense was committed and, since it would not have taken place had there been no crowd to bet and support the fighters, the secondary parties were also liable. 818:
kind of disease". It did, however, accept that society should have criminal sanctions for use against "evil acts", and that this might include people who transmitted diseases causing serious illness to others with intent to do them such harm, adding that "this aims to strike a sensible balance between allowing very serious intentional acts to be punished while not rendering individuals liable for prosecution of unintentional or reckless acts or for the transmission of minor disease" (see paras 3.13-318)
481:. These are situations in which a victim may have given apparent consent to parting with ownership or possession of money and/or goods, or to generally suffering a loss, but this consent is treated as vitiated by the dishonesty of the person making the untrue representations. Thus, while the criminal law is not generally a means of escaping civil obligations, the criminal courts may be able to offer some assistance to the gullible by returning their property or making compensation orders. 285: 236: 848:
adults were suddenly to be liable to prosecution for taking known risks with their health, this would represent a significant interference with personal autonomy. Further, the law cannot expect people suddenly to become honest with each other and to counsel the use of condoms, and there may be negative consequences if HIV was to be disclosable, because those who ought to take medical advice and undergo tests, might be discouraged from doing so.
624:(unreported, 18 June 1999), as part of their consensual sexual activity, the woman allowed her partner to cover her head with a plastic bag, tying it tightly at the neck. On a different occasion, she agreed that he could pour fuel from a lighter onto her breasts and set fire to the fuel. On the first occasion, she was at risk of death, and lost consciousness. On the second, she suffered burns, which became infected. The court applied 715:
such cases does not exist at all because the act consented to is not the act done. Until recently, the case has never been challenged, but its current status was complicated by the then general assumptions that "infliction" required some act of violence, and that non-physical injuries could not be inflicted and so were outside the scope of the Offences Against the Person Act.
866:. The same court held that a person accused of recklessly transmitting an STI could only raise the defense of consent, including an honest belief in consent, in cases where that consent was a "willing" or "conscious" consent. In other words, the court distinguished between "willingly running the risk of transmission" and "willingly consenting to the risk of transmission." 858:, the defense argued that by consenting to unprotected sexual intercourse with the defendant, the women were implicitly consenting to all the risks associated with sexual intercourse which included infection with HIV. In cross-examination two of the three women had explicitly acknowledged that, in general, unprotected sexual intercourse carried a risk of infection. 804:
website when he is really in his 50s; he later has sex with someone he meets online; Derek is unhappy in his marriage and is considering whether to leave his wife; he does not mention his misgivings before they have sex. In each case, their sexual partners would not have consented had they known the truth and a reasonable person might be expected to realize this.
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Baker also argues that the Harm Principle provides an important constraint, as it prevents the consenter from being criminalized because it is only harm to others that can be criminalized under the Harm Principle—not harm to self. Therefore, it is only those who rely on consent to inflict grave harm
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The general rule, therefore, is that violence involving the deliberate and intentional infliction of bodily harm is and remains unlawful notwithstanding that its purpose is the sexual gratification of one or both participants. Notwithstanding their sexual overtones, these cases are considered to be
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No person can license another to commit a crime, if (the jury) were satisfied that the blows struck ... were likely or intended to do bodily harm ... they ought to convict ... only if they were not so satisfied (was it) necessary to consider the further question whether the prosecution had negatived
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rejecting the Law Commission's recommendation that there should be offenses for the intentional or reckless transmission of disease. The Government " particularly concerned that the law should not seem to discriminate against those who are HIV positive, have AIDS or viral Hepatitis or who carry any
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2 Cr App R 200, the patient believed that she was receiving dental treatment which otherwise would have given rise to an assault occasioning actual bodily harm, from a dentist who had in fact been struck off the register. The Court held that the identity of the defendant was not a feature which, in
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This suggests that consent will only operate as a defense – in all but the most exceptional of cases – where there has already been prior disclosure of known HIV positive status. Judge LJ. summaries the situation at para 42: In the public interest, so far as possible,
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Andrew is secretly having an affair but denies this to his wife; they later have sex; Barney exaggerates his financial success and pretends to like the same music and films as his date in order to impress her; they later have sex; Charlie dyes his hair and pretends to be in his mid-30s on a dating
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for consent does not make an injury) and the victim consents to run the risk (not the certainty) of injury arising within the rules of the game being played. This does not give sport a license to enact rules permitting acts that are clearly, excessively and maliciously violent. Even professional
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Silence in these circumstances is incongruous with honesty, or with a genuine belief that there is an informed consent. Accordingly, in such circumstances the issue either of informed consent, or honest belief in it will only rarely arise: in reality, in most cases, the contention would be wholly
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Yet this is not without its difficulties. If it is proposed to criminalize the consensual taking of risks of infection by having unprotected sexual intercourse, enforcement is impractical. The community prefers that sexual relationships are a private matter between the individuals involved and if
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established. The 'nature' of the act here is therefore taking the complainant away by fraud. The complainant did not consent to that event. All that she consented to was a ride in the car, which in itself is irrelevant to the offense and a different thing from that with which Mr Cort is charged".
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Mr Justice Stephens had said (at p. 44) "...the only sorts of fraud which so far destroy the effect of a woman's consent as to convert a connection consented to in fact into a rape are frauds as to the nature of the act itself, or as to the identity of the person who does the act. Consent in
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3 WLR 1300, a case of kidnapping, the complainants had consented to taking a ride in a car, but not to being kidnapped. They wanted transport, not kidnapping. Kidnapping may be established by carrying away by fraud. "It is difficult to see how one could ever consent to that once fraud was indeed
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children under 16 years generally, and under 18 years if having sexual relations with persons in a position of trust or with family members over 18 years; and persons with a mental disorder that impedes choice who are induced, threatened, or deceived, or who have sexual relations with care
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is more borderline, as the harm in that case was reversible and is not too different from having unnecessary plastic surgery that is no longer benefiting the patient—that is numerous surgical procedures which are clearly having a disfiguring rather than beneficial cosmetic effect.
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The Law Commission: Consultation Paper No. 134 Criminal Law – Consent and Offences against the Person; A Response on the Issues for Sports and Games' by the Central Council of Physical Recreation, submitted by Peter Lawson, General Secretary, (1995) 3 Sport and the Law Journal
703:(1888) 22 QBD 23, at a time when the defendant knew that he was suffering from a venereal disease, he had sexual intercourse and communicated the disease to his wife. Had she been aware, she would not have submitted to the intercourse. The defendant was convicted of inflicting 557:(2007), a case in which a participant died as a result of being gagged. The court held that, even if the victim had consented to a being restrained and gagged, his consent was invalid because there was no way for him to communicate its withdrawal once the gag was in his mouth. 843:
was still being applied after the criminalization of rape within marriage. The more modern authorities involving the transmission of psychological conditions and in other sexual matters, reject the notion that consent can be a defense to anything more than a trivial injury.
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QB 250, a prostitute stated the fact that she would not have consented to sexual intercourse if she had known that her client was not intending to pay, but there was no fraud-induced consent as to the nature of the activity, nor was the identity of the client relevant.
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However the Appeal Court judges ruled that before the complainants' consent could provide the appellant with a defense, it had to be an informed and willing consent to the specific risk, here the risk of contracting HIV, rather than the general one of contracting
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argues even if the consent in Konzani was genuine, that it like Brown was rightly decided, as Baker is of the view that a person cannot consent to irreparable harm of a grave kind without also degrading his or her humanity in the Kantian sense.
939:(1989) CLR 513 dealing with injuries inflicted on the rugby field in "off the ball" incidents). Thus, the consent in licensed boxing events is to intentional harm within the rules and a blow struck between rounds would be an assault. 851:
Consequently, the Appeal Court decided that had the women known of his infection, their consent to unprotected sexual intercourse would have been a valid defense. In this regard, they overturned the ruling of the original judge. In
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a. Consent cannot be inferred by reason of any words or conduct of a victim where force, threat of force, coercion or taking advantage of a coercive environment undermined the victim's ability to give voluntary and genuine
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in the UK, except as a foreseeable incident of a lawful activity in which the person injured was participating, e.g. surgery. The convictions are seen as controversial due to issues of whether a government or one's
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of the change in social attitudes to sexual matters, but "the extent of the violence inflicted… went far beyond the risk of minor injury to which, if she did consent, her consent would have been a defence". In
648:, the state's highest court, which determined that a person may withdraw sexual consent after having given it, and that the continuation of sexual activity after the withdrawal of consent constitutes rape. 620:(1997) 24 EHRR 39 on the basis that although the prosecution might have constituted an interference with the private lives of those involved, it was justified for the protection of public health. In 366:
A defense against criminal liability may arise when a defendant can argue that, because of consent, there was no crime (e.g., arguing that permission was given to use an automobile, so it was not
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that non-physical injuries can be injuries within the scope of the Offences Against the Person Act and without the need to prove a physical application of violence, Lord Steyn describing
799:. It concluded that the issues which might arise if this was a legal basis to negate consent, could be far wider than might be first appreciated. Examples given by the author included: 711:. On appeal the conviction was quashed. Mr Justice Willis said "...that consent obtained by fraud is no consent at all is not true as a general proposition either in fact or in law". 1043:
is justified to control one's own body in private situations where the only harm may be temporary, and to volunteering adults who gave informed consent to the types of acts involved.
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The problem has always been to decide at what level the victim's consent becomes ineffective. Historically in the UK, the defense was denied when the injuries caused amounted to a
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and active physical interaction as a form of "fun", those who become a part of that culture must accept the local standards of contact and the injuries that might result. Thus, in
542:(1996), which involved a case where a husband branded his wife's buttocks, upheld that consent can be a valid defense. The act was considered comparable to tattooing, whilst 1917: 963:
and the fact that he had participated in practical jokes played on his companions was accepted as evidence that he had consented to become a victim when it was "his turn".
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and twist it, causing internal and external injuries to her vagina and bruising on her pubis, the woman's consent (if any) would have been irrelevant. The court took
835:, holding that it was not necessary to prove that the transmission had involved an assault for the "inflicting" of the disease. The judgment rejects the rule in 1318: 2400: 1260: 2340: 1927: 758:
as a "troublesome authority", and, in the specific context of the meaning of "inflict" in section 20, said expressly that Clarence "no longer assists".
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Clarke, "Law and Order on the Courts: The Application of Criminal Liability for Intentional Fouls During Sporting Events", (2000) Vol. 32
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sport should have an element of fun while the players are, in the more extreme cases, given criminal as well as civil law protection (see
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examined the basis for fraud as grounds for negating consent, in the context of the decision not to charge officers involved in the
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b. Consent cannot be inferred by reason of any words or conduct of a victim where the victim is incapable of giving genuine consent
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or similar disabilities may result in a person being unable to give legal consent to sexual relations even with their spouse.
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For a more general discussion, see Dennis J. Baker, "The Moral Limits of Consent as a Defense in the Criminal Law," 12(1)
1952: 1541: 1216: 1562: 1135: 997:(2002) 1 Cr. App. R. 59, but teachers are prohibited from administering corporal punishment: s548 Education Act 1996: 640: 20: 1432: 912:
In properly regulated sport, there is a legal right to cause incidental injury. This is a criminal law version of the
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Doctors and all health professionals have a general right to assume a patient's consent for necessary treatment (per
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rejected the defense on public policy grounds (see below). This is an application of the general rule that, once an
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of many offenses, so that only the act itself and the age or other constraints need to be proved, including:
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on their fellow humans that are criminalized under Baker's proposals. However, Baker points out that
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This article is about consent in criminal law in general. For consent in sexual violence cases, see
2196: 2066: 1990: 1657: 1652: 1299:. Criminal Justice Sexual Offences Taskforce and Australian Law Reform Commission. 11 November 2010 1053: 311: 117: 2161: 2055: 1852: 1782: 1701: 1156: 918: 876: 743: 825:, "The Government remains wholly committed to this approach." This has since been considered in 303: 2360: 2102: 913: 839:
as tainted by the then presumption of a wife's marital consent to sexual intercourse, although
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does not co-operate and give evidence to rebut the husband's defense that the wife consented).
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and ruled that the woman's consent to these events did not provide a defense for her partner.
2502: 2325: 2246: 2201: 2045: 1856: 1805: 1772: 1198: 1073: 663: 490: 127: 27: 528:), as well as tattooing and piercing. But in the context of sadomasochism, Lord Mustill in 2345: 2315: 1889: 1884: 1868: 1578: 704: 77: 1516:); Dennis J. Baker, "The Moral Limits of Consent as a Defense in the Criminal Law," 12(1) 826: 8: 2370: 2128: 2087: 1980: 1736: 1672: 1667: 1387:
http://www.stjosephs.s-tyneside.sch.uk/resources/Law/lawExtraReading/A2/Unit5/Consent.doc
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The issue of consent in the course of sado-masochistic sexual activity was considered in
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According to Rule 70 of the Rules of Procedure and Evidence (published in 2002) of the
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Anderson, Jack. "Mens Sana in Corpore Sano? Violence in Sport and the Criminal Law."
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In English law, the Sexual Offences Act 2003 removes the element of consent from the
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In 2000, the government repeated that view in a consultation relating to the law on
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deems the issue to be of sufficient significance. Thus, for example, an individual
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that even if she had actually consented to injury by allowing the defendant to
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relationship nor for relationships that expose one of the parties to excessive
420: 416: 412: 404: 391: 216: 62: 19:"Consenting adult" and "Consenting adults" redirect here. For other uses, see 2491: 2355: 1810: 1612: 1484: 1461: 1040: 1009: 547: 1130: 2442: 2428: 2251: 343: 211: 196: 186: 181: 156: 1706: 1093: 763: 396: 2466: 2433: 2410: 2221: 2151: 1937: 1634: 1547: 989:
have a limited right to administer reasonable parental punishment: see
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Attempting to choke, &c. in order to commit any indictable offence
1544:– a website outlining laws of consent around sexual assault in Canada. 1506:
The Right Not to be Criminalized: Demarcating Criminal Law's Authority
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The Right Not to be Criminalized: Demarcating Criminal Law's Authority
2438: 2385: 2216: 2211: 2181: 1236:"Iowa Man Found Not Guilty of Sexually Abusing Wife With Alzheimer's" 1099: 1022: 900: 688: 530: 474: 386:
are allowed to consent or are to be bound by apparent consent given.
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However, consent is valid in a range of circumstances, including
383: 672:(which rules on military conflicts between states), in cases of 2018: 1297:"Family Violence – A National Legal Response (ALRC Report 114)" 633: 521: 507:(1934) AER 207 in which Swift J. stated the general rule that: 436: 432: 351: 107: 966: 813:
In 1998, the Home Office issued a consultation paper entitled
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that case, precluded the giving of consent by the patient. In
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deal primarily with the United Kingdom and do not represent a
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under a specified age even though the particular instance of
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artificial. Baker (2009) in "Moral Limits of Consent" 12(1)
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Violence: Reforming the Offences Against the Person Act 1861
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Williams v Secretary of State for Education and Employment
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has been established, no defense can be admitted, but the
1377:(3rd ed, Sydney: The Federation Press, 2006), Chapter 11. 1026:, colloquially known as "the Spanner case") ruled that 361: 427:
state cannot give consent and create a valid second
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Assaulting a constable in the execution of his duty
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Assaulting a constable in the execution of his duty
1217:"Md. Court Rules Women Can Withdraw Sexual Consent" 959:1 WLR 1006, the victim was a serving member of the 893: 907: 564:(1992) 156 JPR 505 was another application of the 2336:Assault with intent to resist lawful apprehension 1923:Assault with intent to resist lawful apprehension 808: 726:689, which held that psychiatric injury could be 2489: 694: 407:might be a "victimless" offense. In the case of 443:(e.g. most states have a rule that an abusive 1563: 1532:Sports Violence, Consent and the Criminal Law 292:The examples and perspective in this article 260: 797:UK undercover policing relationships scandal 435:. Similarly, no consent can be given for an 411:, there are similar limits imposed on their 1425: 1233: 967:Legal right to cause, or consent to, injury 1570: 1556: 382:to lay down limits on the extent to which 267: 253: 1483: 1397: 354:and prevent the defendant from incurring 330:Learn how and when to remove this message 1890:Wounding or causing grievous bodily harm 1577: 1456: 1380: 469:Most states have laws which criminalize 1462:"Pornography, humiliation, and consent" 1227: 746:177. These cases overrule the implicit 2490: 2083:Preventing the lawful burial of a body 1895:Assault occasioning actual bodily harm 1014:assault occasioning actual bodily harm 484: 2051:Incitement to ethnic or racial hatred 1551: 1391: 1214: 657: 1958:Offences Against the Person Act 1861 1542:www.savcalgary.ca/get-the-facts.html 1404:. Sweet & Maxwell. p. 121. 709:Offences against the Person Act 1861 534:(1993) has set the level just below 278: 612:This decision was confirmed in the 362:Defenses against criminal liability 13: 1450: 1321:. 19 December 2003. Archived from 1030:was not a valid legal defense for 641:Maouloud Baby v. State of Maryland 21:Consenting adults (disambiguation) 14: 2524: 1467:Sexualization, Media, and Society 1261:"Rules of Procedure and Evidence" 761:This left the issue of fraud. In 2351:Encouraging or assisting a crime 2311:Perverting the course of justice 1732:Encouraging or assisting a crime 1351:. 9 October 2013. Archived from 1215:Wyatt, Kristen (16 April 2008). 894:Preventing breaches of the peace 632:violent crimes and it is not an 605:may be admitted to mitigate the 283: 234: 2475:History of English criminal law 2366:Obstruction of a police officer 2029:Fear or provocation of violence 1367: 1345:"Sex, Lies and Undercover Cops" 1337: 908:Consent as an effective defense 2376:Refusing to assist a constable 2192:Taking without owner's consent 1311: 1253: 1208: 1188: 1162: 1149: 1119: 809:Sexual transmission of disease 707:contrary to section 20 of the 447:can be prosecuted even if the 1: 2396:Fabrication of false evidence 2108:Misconduct in a public office 2034:Harassment, alarm or distress 1608:Regulatory (lowered mens rea) 1373:S Bottomley & S Bronitt, 1234:Pam Belluck (22 April 2015). 1113: 695:Consent obtained by deception 372:taken without owner's consent 2113:Misfeasance in public office 1713:Ignorantia juris non excusat 1534:, (1994) 45 N. I. L. Q. 267. 1435:. Publications.parliament.uk 1268:International Criminal Court 942: 730:, has been confirmed by the 670:International Criminal Court 576:put his hand into her vagina 7: 2280:Cheating the public revenue 2072:Effecting a public mischief 1918:Assault with intent to rape 1433:"Uncorrected Evidence m407" 1047: 983:Parents and others who are 636:that one partner consents. 501:Hawkins' Pleas of the Crown 306:, discuss the issue on the 10: 2529: 2356:Escape from lawful custody 2242:Fraud by abuse of position 1908:Assault with intent to rob 1832:Category:Criminal defences 1401:Criminal law in a nutshell 1142:(Ashgate, 2011); see also 661: 488: 68:Mental disorder (Insanity) 25: 18: 2472:For obsolete aspects see 2461: 2409: 2293: 2265: 2207:Misappropriation of funds 2139:Offences against property 2137: 1999: 1971: 1841: 1821:Diminished responsibility 1760: 1722: 1694: 1626: 1585: 1525:Arizona State Law Journal 1319:"Consent Tabassum (2000)" 1129:(2009); Dennis J. Baker, 646:Maryland Court of Appeals 399:cannot consent to having 73:Diminished responsibility 2294:Offences against justice 2067:Outraging public decency 1991:Sexual Offences Act 2003 1792:inc. participation in a 1702:Lesser included offences 1658:Intention in English law 1653:Intention (criminal law) 1497:Irish Student Law Review 1485:10.1177/2374623816662876 1054:Rough sex murder defense 951:supports the playing of 546:applied specifically to 1518:New Criminal Law Review 1460:(July–September 2016). 1199:[2007] VSCA 300 1138:13 October 2011 at the 1127:New Criminal Law Review 919:volenti non fit injuria 877:New Criminal Law Review 791:A paper on the website 644:was a 2007 case in the 618:Laskey v United Kingdom 16:Concept in criminal law 2411:Other common law areas 2361:Obstruction of justice 2103:Accessory (legal term) 1865:Corporate manslaughter 1270:. 2013. Archived from 806: 685: 514: 467: 2326:Misprision of treason 2247:Conspiracy to defraud 2202:Handling stolen goods 2046:Public Order Act 1986 2001:Public order offences 1530:McCutcheon, J. Paul. 1205:(Vic, Australia). 1074:Sexual consent in law 957:R v Aitken and Others 831:which deals with the 801: 678: 664:Sexual consent in law 509: 503:(8th ed.) 1824). In 491:Sexual consent in law 462: 389:As an application of 28:Sexual consent in law 2346:Harboring a fugitive 2316:Witness intimidation 2266:Forgery, personation 1885:Concealment of birth 1579:English criminal law 1012:, were convicted of 705:grievous bodily harm 595:with an appropriate 560:For sado-masochism, 312:create a new article 304:improve this article 2401:Rescuing a prisoner 2371:Wasting police time 2129:Dereliction of duty 2088:Breach of the peace 1806:Prevention of crime 1668:Criminal negligence 1508:, (Ashgate: (2011) 1325:on 19 December 2003 1221:The Washington Post 1064:Consensual homicide 993:(1998) CLR 892 and 833:transmission of HIV 652:Alzheimer's disease 485:Consensual activity 358:for what was done. 2467:English law portal 2453:Criminal procedure 2118:Abuse of authority 1948:False imprisonment 1799:Medical procedures 1627:Elements of crimes 1398:Giles, M. (1993). 1349:The Student Lawyer 1240:The New York Times 1176:on 31 January 2008 1036:actual bodily harm 1001:(2005) 2 All ER 1. 793:The Student Lawyer 778:R v Navid Tabassum 728:actual bodily harm 718:Now the ruling in 658:Ability to consent 536:actual bodily harm 526:mixed martial arts 471:misrepresentations 401:sexual intercourse 350:may be used as an 2508:Sexuality and age 2498:Criminal defenses 2485: 2484: 2391:Contempt of court 2321:Witness tampering 2039:intent aggravates 2024:Unlawful assembly 1880:Child destruction 1724:Inchoate offences 1586:Classes of crimes 1514:978-1-4094-2765-0 1504:Dennis J. Baker, 1458:Whisnant, Rebecca 1411:978-0-421-47440-6 1355:on 6 January 2017 1277:on 5 October 2020 1089:Operation Spanner 1006:Operation Spanner 978:Bravery v Bravery 340: 339: 332: 314:, as appropriate. 277: 276: 39:Criminal defenses 2520: 2257:Webcam blackmail 2078:disorderly house 2014:Violent disorder 1875:Unlawful killing 1843:Offences against 1681:Strict liability 1572: 1565: 1558: 1549: 1548: 1489: 1487: 1445: 1444: 1442: 1440: 1429: 1423: 1422: 1420: 1418: 1395: 1389: 1384: 1378: 1371: 1365: 1364: 1362: 1360: 1341: 1335: 1334: 1332: 1330: 1315: 1309: 1308: 1306: 1304: 1293: 1287: 1286: 1284: 1282: 1276: 1265: 1257: 1251: 1250: 1248: 1246: 1231: 1225: 1224: 1212: 1206: 1192: 1186: 1185: 1183: 1181: 1172:. Archived from 1166: 1160: 1153: 1147: 1144:consensual crime 1123: 1079:Informed consent 1016:. The resulting 986:in loco parentis 335: 328: 324: 321: 315: 287: 286: 279: 269: 262: 255: 239: 238: 153: 133:False confession 58:Actual innocence 35: 34: 2528: 2527: 2523: 2522: 2521: 2519: 2518: 2517: 2488: 2487: 2486: 2481: 2457: 2405: 2289: 2267: 2261: 2177:Criminal damage 2133: 2062:Public nuisance 1995: 1973:Sexual offences 1967: 1943:Child abduction 1844: 1837: 1783:Loss of control 1756: 1718: 1690: 1622: 1581: 1576: 1453: 1451:Further reading 1448: 1438: 1436: 1431: 1430: 1426: 1416: 1414: 1412: 1396: 1392: 1385: 1381: 1372: 1368: 1358: 1356: 1343: 1342: 1338: 1328: 1326: 1317: 1316: 1312: 1302: 1300: 1295: 1294: 1290: 1280: 1278: 1274: 1263: 1259: 1258: 1254: 1244: 1242: 1232: 1228: 1213: 1209: 1203:Court of Appeal 1193: 1189: 1179: 1177: 1168: 1167: 1163: 1154: 1150: 1140:Wayback Machine 1124: 1120: 1116: 1107:Hudson v. Craft 1050: 969: 961:Royal Air Force 953:practical jokes 945: 910: 896: 811: 748:ratio decidendi 697: 682: 674:sexual violence 666: 660: 580:judicial notice 567:ratio decidendi 493: 487: 395:, for example, 364: 336: 325: 319: 316: 301: 288: 284: 273: 233: 221: 149: 142: 31: 24: 17: 12: 11: 5: 2526: 2516: 2515: 2510: 2505: 2500: 2483: 2482: 2480: 2479: 2470: 2462: 2459: 2458: 2456: 2455: 2450: 2445: 2436: 2431: 2426: 2421: 2415: 2413: 2407: 2406: 2404: 2403: 2398: 2393: 2388: 2383: 2378: 2373: 2368: 2363: 2358: 2353: 2348: 2343: 2338: 2333: 2331:Jury tampering 2328: 2323: 2318: 2313: 2308: 2303: 2297: 2295: 2291: 2290: 2288: 2287: 2282: 2277: 2271: 2269: 2263: 2262: 2260: 2259: 2254: 2249: 2244: 2239: 2237:Fraud Act 2006 2234: 2232:Theft Act 1978 2229: 2227:Theft Act 1968 2224: 2219: 2214: 2209: 2204: 2199: 2194: 2189: 2184: 2179: 2174: 2169: 2164: 2159: 2157:Cheating (law) 2154: 2149: 2143: 2141: 2135: 2134: 2132: 2131: 2126: 2120: 2115: 2110: 2105: 2100: 2098:Forcible entry 2095: 2090: 2085: 2080: 2074: 2069: 2064: 2058: 2053: 2048: 2043: 2042: 2041: 2031: 2026: 2021: 2016: 2011: 2005: 2003: 1997: 1996: 1994: 1993: 1988: 1986:Sexual assault 1983: 1977: 1975: 1969: 1968: 1966: 1965: 1960: 1955: 1950: 1945: 1940: 1935: 1930: 1925: 1920: 1915: 1910: 1905: 1902: 1900:Common assault 1897: 1892: 1887: 1882: 1877: 1872: 1849: 1847: 1839: 1838: 1836: 1835: 1828: 1823: 1818: 1813: 1808: 1803: 1802: 1801: 1796: 1794:sporting event 1785: 1780: 1775: 1770: 1764: 1762: 1758: 1757: 1755: 1754: 1752:Common purpose 1749: 1744: 1739: 1734: 1728: 1726: 1720: 1719: 1717: 1716: 1709: 1704: 1698: 1696: 1692: 1691: 1689: 1688: 1683: 1670: 1665: 1660: 1655: 1650: 1643: 1638: 1630: 1628: 1624: 1623: 1621: 1620: 1615: 1610: 1605: 1600: 1595: 1589: 1587: 1583: 1582: 1575: 1574: 1567: 1560: 1552: 1546: 1545: 1539: 1535: 1528: 1521: 1502: 1493: 1452: 1449: 1447: 1446: 1424: 1410: 1390: 1379: 1375:Law in Context 1366: 1336: 1310: 1288: 1252: 1226: 1207: 1187: 1161: 1148: 1117: 1115: 1112: 1111: 1110: 1103: 1096: 1091: 1086: 1084:Age of consent 1081: 1076: 1071: 1069:Sexual consent 1066: 1061: 1059:Consent (BDSM) 1056: 1049: 1046: 1045: 1044: 1018:House of Lords 1004:In the UK, in 1002: 981: 968: 965: 944: 941: 909: 906: 895: 892: 810: 807: 773:R v Richardson 732:House of Lords 696: 693: 659: 656: 589:House of Lords 518:contact sports 486: 483: 405:statutory rape 392:parens patriae 363: 360: 338: 337: 298:of the subject 296:worldwide view 291: 289: 282: 275: 274: 272: 271: 264: 257: 249: 246: 245: 244: 243: 241:Law portal 228: 227: 223: 222: 220: 219: 214: 209: 204: 199: 194: 189: 184: 178: 175: 174: 166: 165: 164: 163: 154: 144: 143: 141: 140: 135: 130: 125: 120: 115: 110: 105: 100: 95: 90: 85: 80: 75: 70: 65: 60: 54: 51: 50: 42: 41: 15: 9: 6: 4: 3: 2: 2525: 2514: 2511: 2509: 2506: 2504: 2501: 2499: 2496: 2495: 2493: 2478: 2476: 2471: 2469: 2468: 2464: 2463: 2460: 2454: 2451: 2449: 2446: 2444: 2440: 2437: 2435: 2432: 2430: 2427: 2425: 2422: 2420: 2417: 2416: 2414: 2412: 2408: 2402: 2399: 2397: 2394: 2392: 2389: 2387: 2384: 2382: 2379: 2377: 2374: 2372: 2369: 2367: 2364: 2362: 2359: 2357: 2354: 2352: 2349: 2347: 2344: 2342: 2339: 2337: 2334: 2332: 2329: 2327: 2324: 2322: 2319: 2317: 2314: 2312: 2309: 2307: 2304: 2302: 2299: 2298: 2296: 2292: 2286: 2283: 2281: 2278: 2276: 2273: 2272: 2270: 2264: 2258: 2255: 2253: 2250: 2248: 2245: 2243: 2240: 2238: 2235: 2233: 2230: 2228: 2225: 2223: 2220: 2218: 2215: 2213: 2210: 2208: 2205: 2203: 2200: 2198: 2195: 2193: 2190: 2188: 2185: 2183: 2180: 2178: 2175: 2173: 2170: 2168: 2165: 2163: 2160: 2158: 2155: 2153: 2150: 2148: 2145: 2144: 2142: 2140: 2136: 2130: 2127: 2124: 2121: 2119: 2116: 2114: 2111: 2109: 2106: 2104: 2101: 2099: 2096: 2094: 2091: 2089: 2086: 2084: 2081: 2079: 2075: 2073: 2070: 2068: 2065: 2063: 2059: 2057: 2054: 2052: 2049: 2047: 2044: 2040: 2037: 2036: 2035: 2032: 2030: 2027: 2025: 2022: 2020: 2017: 2015: 2012: 2010: 2007: 2006: 2004: 2002: 1998: 1992: 1989: 1987: 1984: 1982: 1979: 1978: 1976: 1974: 1970: 1964: 1961: 1959: 1956: 1954: 1951: 1949: 1946: 1944: 1941: 1939: 1936: 1934: 1931: 1929: 1926: 1924: 1921: 1919: 1916: 1914: 1911: 1909: 1906: 1903: 1901: 1898: 1896: 1893: 1891: 1888: 1886: 1883: 1881: 1878: 1876: 1873: 1870: 1866: 1862: 1858: 1854: 1851: 1850: 1848: 1846: 1840: 1834: 1833: 1829: 1827: 1824: 1822: 1819: 1817: 1814: 1812: 1811:Lawful excuse 1809: 1807: 1804: 1800: 1797: 1795: 1791: 1790: 1789: 1786: 1784: 1781: 1779: 1776: 1774: 1771: 1769: 1766: 1765: 1763: 1759: 1753: 1750: 1748: 1745: 1743: 1740: 1738: 1735: 1733: 1730: 1729: 1727: 1725: 1721: 1715: 1714: 1710: 1708: 1705: 1703: 1700: 1699: 1697: 1693: 1687: 1684: 1682: 1678: 1674: 1671: 1669: 1666: 1664: 1661: 1659: 1656: 1654: 1651: 1649: 1648: 1644: 1642: 1639: 1637: 1636: 1632: 1631: 1629: 1625: 1619: 1616: 1614: 1611: 1609: 1606: 1604: 1601: 1599: 1596: 1594: 1591: 1590: 1588: 1584: 1580: 1573: 1568: 1566: 1561: 1559: 1554: 1553: 1550: 1543: 1540: 1536: 1533: 1529: 1526: 1522: 1519: 1515: 1511: 1507: 1503: 1501: 1498: 1494: 1492: 1486: 1481: 1477: 1473: 1469: 1468: 1463: 1459: 1455: 1454: 1434: 1428: 1413: 1407: 1403: 1402: 1394: 1388: 1383: 1376: 1370: 1354: 1350: 1346: 1340: 1324: 1320: 1314: 1298: 1292: 1273: 1269: 1262: 1256: 1241: 1237: 1230: 1222: 1218: 1211: 1204: 1200: 1196: 1191: 1175: 1171: 1165: 1158: 1152: 1145: 1141: 1137: 1134: 1133: 1128: 1122: 1118: 1109: 1108: 1104: 1102: 1101: 1097: 1095: 1092: 1090: 1087: 1085: 1082: 1080: 1077: 1075: 1072: 1070: 1067: 1065: 1062: 1060: 1057: 1055: 1052: 1051: 1042: 1037: 1033: 1029: 1025: 1024: 1019: 1015: 1011: 1010:sadomasochism 1007: 1003: 1000: 996: 992: 988: 987: 982: 979: 975: 971: 970: 964: 962: 958: 954: 950: 940: 938: 934: 930: 925: 921: 920: 915: 905: 903: 902: 891: 888: 882: 879: 878: 871: 867: 865: 859: 857: 856: 849: 845: 842: 838: 834: 830: 829: 824: 819: 816: 805: 800: 798: 794: 789: 786: 781: 779: 774: 769: 766: 765: 759: 757: 753: 749: 745: 741: 737: 733: 729: 725: 721: 720:R v Chan-Fook 716: 712: 710: 706: 702: 692: 690: 684: 677: 675: 671: 665: 655: 653: 649: 647: 643: 642: 637: 635: 629: 627: 623: 619: 615: 610: 608: 604: 600: 599: 594: 590: 586: 581: 577: 573: 569: 568: 563: 558: 556: 551: 549: 548:sadomasochism 545: 541: 537: 533: 532: 527: 523: 519: 513: 508: 506: 502: 498: 492: 482: 480: 476: 472: 466: 461: 459: 458: 452: 450: 446: 442: 438: 434: 430: 426: 422: 418: 414: 410: 406: 402: 398: 394: 393: 387: 385: 381: 377: 376:public policy 373: 369: 359: 357: 353: 349: 345: 334: 331: 323: 320:December 2010 313: 309: 305: 299: 297: 290: 281: 280: 270: 265: 263: 258: 256: 251: 250: 248: 247: 242: 237: 232: 231: 230: 229: 225: 224: 218: 215: 213: 210: 208: 205: 203: 200: 198: 195: 193: 190: 188: 185: 183: 180: 179: 177: 176: 172: 168: 167: 162: 158: 155: 152: 148: 147: 146: 145: 139: 136: 134: 131: 129: 126: 124: 121: 119: 116: 114: 111: 109: 106: 104: 101: 99: 96: 94: 91: 89: 86: 84: 81: 79: 76: 74: 71: 69: 66: 64: 61: 59: 56: 55: 53: 52: 48: 44: 43: 40: 37: 36: 33: 29: 22: 2503:Criminal law 2473: 2465: 2268:and cheating 2252:Fare evasion 1861:Manslaughter 1830: 1826:Intoxication 1787: 1768:Self-defence 1711: 1663:Recklessness 1645: 1633: 1531: 1524: 1517: 1505: 1496: 1471: 1465: 1437:. Retrieved 1427: 1415:. Retrieved 1400: 1393: 1382: 1374: 1369: 1359:18 September 1357:. Retrieved 1353:the original 1348: 1339: 1329:18 September 1327:. Retrieved 1323:the original 1313: 1301:. Retrieved 1291: 1279:. Retrieved 1272:the original 1255: 1243:. Retrieved 1239: 1229: 1220: 1210: 1194: 1190: 1178:. Retrieved 1174:the original 1164: 1151: 1131: 1126: 1121: 1105: 1098: 1021: 998: 994: 990: 984: 977: 956: 946: 936: 933:Cr App R (S) 928: 917: 911: 899: 897: 886: 883: 875: 872: 868: 863: 860: 855:R. v Konzani 854: 850: 846: 840: 836: 827: 823:manslaughter 820: 814: 812: 802: 792: 790: 784: 782: 777: 772: 770: 762: 760: 755: 751: 739: 735: 719: 717: 713: 701:R v Clarence 700: 698: 686: 679: 667: 650: 639: 638: 630: 625: 621: 617: 611: 596: 592: 584: 571: 565: 561: 559: 554: 552: 543: 539: 529: 515: 510: 504: 496: 494: 468: 463: 455: 453: 390: 388: 365: 347: 344:criminal law 341: 326: 317: 293: 157:Criminal law 150: 128:Self-defense 97: 78:Intoxication 45:Part of the 32: 1869:Infanticide 1707:Concurrence 1417:21 February 1094:Medical law 929:R v Johnson 764:R v Linekar 740:R v Ireland 736:R v Burstow 505:R v Donovan 123:Provocation 2492:Categories 2222:Cybercrime 2152:Dishonesty 2076:Keeping a 1953:Harassment 1938:Kidnapping 1845:the person 1737:Conspiracy 1635:Actus reus 1618:Common law 1598:Either way 1593:Indictable 1180:27 January 1159:, page 103 1114:References 974:Denning LJ 947:Where the 916:principle 887:R v. Brown 828:R. v Dica, 662:See also: 622:R v Emmett 593:actus reus 540:R v Wilson 489:See also: 475:deceptions 457:actus reus 437:incestuous 425:common law 415:where the 171:common law 138:Entrapment 88:Automatism 47:common law 2386:Espionage 2217:Extortion 2212:Blackmail 2197:Deception 2182:Squatting 1778:Necessity 1742:Accessory 1695:Doctrines 1686:Omissions 1677:Vicarious 1673:Corporate 1641:Causation 1613:Statutory 1195:R v Stein 1100:R v Brown 1023:R v Brown 943:Horseplay 937:R v Lloyd 931:(1986) 8 914:civil law 901:R v Coney 864:something 689:Australia 585:R v Brown 562:R v Boyea 555:R v Stein 531:R v Brown 520:(such as 421:domiciled 378:requires 356:liability 308:talk page 161:procedure 118:Necessity 2448:Evidence 2429:Property 2419:Contract 2381:Sedition 2285:Uttering 2187:Trespass 2162:Burglary 2060:Causing 2056:Nuisance 1853:Homicide 1816:Insanity 1761:Defences 1647:Mens rea 1439:23 April 1245:23 April 1136:Archived 1048:See also 1032:wounding 935:343 and 841:Clarence 837:Clarence 785:R v Cort 756:Clarence 752:Clarence 744:Cr App R 681:consent; 607:sentence 603:evidence 598:mens rea 512:consent. 465:workers. 441:violence 429:marriage 413:capacity 384:citizens 374:). But 302:You may 217:Evidence 197:Property 187:Contract 182:Criminal 151:See also 63:Immunity 2513:Consent 2443:estates 2306:Perjury 2301:Bribery 2275:Forgery 2167:Robbery 2125:of oath 2123:Perjury 1963:Treason 1933:Battery 1913:Robbery 1788:Consent 1747:Attempt 1603:Summary 1527:, 1149. 1028:consent 949:culture 572:Donovan 445:husband 348:consent 226:Portals 212:Estates 103:Mistake 98:Consent 83:Infancy 2439:Trusts 2019:Affray 1857:Murder 1773:Duress 1520:(2009) 1512:  1408:  1157:All ER 1020:case ( 991:A v UK 634:excuse 587:, the 522:boxing 477:, and 433:bigamy 409:adults 397:minors 380:courts 352:excuse 207:Trusts 169:Other 108:Duress 49:series 2477:table 2434:Wills 2172:Theft 2147:Arson 1474:(3). 1303:9 May 1281:2 May 1275:(PDF) 1264:(PDF) 1197: 924:Latin 626:Brown 544:Brown 499:(per 479:fraud 423:in a 417:state 368:theft 310:, or 202:wills 173:areas 93:Alibi 2441:and 2424:Tort 2093:Rout 2009:Riot 1981:Rape 1510:ISBN 1491:Pdf. 1476:SAGE 1441:2011 1419:2011 1406:ISBN 1361:2016 1331:2016 1305:2020 1283:2020 1247:2015 1182:2008 1041:self 1034:and 614:ECHR 497:maim 449:wife 192:Tort 159:and 1480:doi 976:in 898:In 783:In 771:In 750:of 734:in 724:WLR 699:In 687:In 616:in 570:in 538:. 524:or 370:or 342:In 113:Age 2494:: 1867:/ 1863:/ 1859:/ 1679:/ 1675:/ 1478:. 1470:. 1464:. 1347:. 1266:. 1238:. 1219:. 1201:, 1155:2 742:1 738:, 722:1 676:: 609:. 550:. 473:, 346:, 1871:) 1855:( 1571:e 1564:t 1557:v 1538:4 1499:. 1488:. 1482:: 1472:2 1443:. 1421:. 1363:. 1333:. 1307:. 1285:. 1249:. 1223:. 1184:. 1146:. 995:H 922:( 333:) 327:( 322:) 318:( 300:. 268:e 261:t 254:v 30:. 23:.

Index

Consenting adults (disambiguation)
Sexual consent in law
Criminal defenses
common law
Actual innocence
Immunity
Mental disorder (Insanity)
Diminished responsibility
Intoxication
Infancy
Automatism
Alibi
Consent
Mistake
Duress
Age
Necessity
Provocation
Self-defense
False confession
Entrapment
Criminal law
procedure
common law
Criminal
Contract
Tort
Property
wills
Trusts

Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.

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