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The purpose of this paper is to clarify: the law on capacity to consent to sex; ethical and legal factors in assessing decision‐making capacity of those on the autism (ASD) and neurodiverse (ND) spectrums; and the legal obligations to promote sexual health devolving to local authorities from April 2013. We make proposals to ensure socio‐sexual competence by providing appropriate sex and relationship education (SRE).

Critical legal analysis of case law and legislation on the capacity of the vulnerable to consent to sex, in the context of those diagnosed on the autism and neurodiverse spectrums.

Consent to sex cannot be regarded as informed, autonomous, valid and lawful without socio‐sexual competence. Sex and relationships education should be provided to ensure socio‐sexual competence, in keeping with international conventions and national laws and policies.

There is an urgent need for research into the needs and experiences of people with ASD/ND and their families/carers with regard to the efficacy and tailoring of SRE strategies. This research should feed into SRE family intervention programmes (SREFIPs), developed in partnership with people with ASD/ND, their families/carers and professionals.

This article seeks to resolve many of the existing legal uncertainties surrounding the capacity to consent to sex and to propose novel solutions to ensure the socio‐sexual competence of those diagnosed on the ASD or ND spectrums in relation to their rights to sexual expression.

The purpose of this paper is to outline the current state of the Court of Protection case law on capacity to consent to sexual relations and identifies a number of difficulties with the present position.

This paper reviews and summarises the current case law.

This paper identifies problems arising with the court’s approach to assessing capacity to consent to sexual relations, in particular the problems caused by treating decisions about sexual relations as generic, but decisions about contact with other people as specific.

This paper is a comprehensive summary of the current state of the application of the Mental Capacity Act 2005 in this sensitive area.

Sexual violence’s alarming prevalence demands action to challenge the gendered and generational relations that sustain injustice. This chapter introduces a nuanced model of consent that, if utilised to inform adults’ everyday practices with children, could empower children to identify and engage in healthy relationships and manage sexual victimisation. Inadequate sex education in adolescence engenders harmful beliefs about consent, which hinder young people’s abilities to navigate sexual relationships and limit the extent to which sexual assault survivors can understand their trauma. Accordingly, effective consent education is critical to protect and empower all human beings. Drawing on decades of childhood studies research that exemplifies the ways in which children learn through experience, this chapter argues that, by practising consent with children, adults can facilitate children’s knowledge of this moral concept. To equip adults with the thorough understanding of consent necessary to engage in truly consensual relationships, this chapter presents a theoretical explanation of children’s agency, recognising that structure, personal elements, and relationships collectively influence, and are shaped by, children’s participation. Based on a recognition of parents’ distinct role in children’s education, this model is examined in the context of children’s experiences in the home. Specifically, this analysis considers the ethics of corporal punishment and explores parental practices that could better facilitate children’s learning. The themes in this chapter emphasise the dangers of assumptions and raise fundamental questions about the ways in which society approaches human dignity and justice.

This paper evaluates the modern baseline presumption of nonconsent in sexual assault (rape) cases in light of different theories of sexuality (feminism on the one hand and sex positivism/queer theory on the other) and in light of how sexuality manifests itself in the lives of contemporary young women. The authors analyze social science literature on contemporary heterosexual practices such as sexting and hook-ups, as well as contemporary media imagery, to inform a contemporary understanding of the ways in which young people perceive and experience sex. Using this evidence as a foundation, the authors reconsider the ongoing utility of a baseline presumption of nonconsent in sexual assault cases. This paper demonstrates the complex relationship between women’s sexual autonomy, the contemporary culture’s encouragement of women’s celebration of their own sexual objectification and the persistence of high rates of unwanted sex. In the end, it demonstrates why a legal presumption against consent may neither reduce the rate of nonconsensual sex, nor raise the rate of reported rapes. At the same time, it shows how the presumption itself is unlikely to generate harmful consequences: if it deters anything, it likely deters unwanted sex, whether consented to or not.

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

In 2020, the Westminster Government proposed statutory provision prohibiting the use of ‘consent to serious harm for sexual gratification’ as a defence to criminal charges of violence. This addition to the Domestic Abuse bill was made in response to the 18 month campaign by We Can’t Consent To This and a cross party group of MPs, after rising numbers of homicides of women where the perpetrators claimed the woman asked for the violence, in ‘rough sex’, ‘gone wrong’.

This research is based on new data and detailed analysis on 67 non-fatal violent assaults and 24 homicides where the accused claimed that this violence was consensual, focussing on criminal cases in England and Wales over the 10 years from 2010. Some earlier cases are included for historical context and particularly where they became influential in later Criminal Justice System (CJS) outcomes. It addresses a shortage of data on the use of ‘consent’ claims in defence to charges of fatal and non-fatal violence, using keyword searches on historic news and legal archives and submissions from victims in criminal cases to establish the extent of these claims, the nature of the assaults claimed consensual, and to assess the CJS’s response to the claims.

This research – part of the evidence from We Can’t Consent To This which was considered by Government – set out the case for new law on consent defences to violence, despite there being existing common law in England and Wales. This research finds that the so-called ‘rough sex’ defences have been successful in deflecting prosecution for violence against women for decades, identifying failings at every stage of the CJS, in fatal and non-fatal violent assaults. Notably the women injured in these criminal cases do not agree that they consented to the violence, where they are able to take part in criminal proceedings. But still the claims that they did appear to have succeeded.

This research proposes that change in attitudes and outcomes is needed at every stage of the CJS, and, with the UK Government proposing to keep the criminal law on this ‘under review’, identifying where further provision in law or in practice may be needed.

Assessment of mental capacity in people with learning disabilities involved in criminal proceedings has been debated, and the introduction of mental capacity legislation in the United Kingdom makes provisions for people who lack the capacity to make decisions about their welfare. However, while the new legislation is designed to protect people who lack the mental capacity to make decisions, it is not clear how this legislation applies in criminal cases where the capacity to consent to sexual relations has been questioned. Until recently there was no clear definition of capacity to consent to sexual relations, and the aim of this paper is to consider the key aspects of this legislation and apply it to a case example. The definitions and assessment procedures involved in assessing ‘mental capacity’ are considered, and practice guidance for mental health professionals working in this field is offered.

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

Under Anglo-American law, the consent of the masochist furnishes no defense to a charge of assault arising from sadomasochistic sexual practices. Our unwillingness to recognize consent in this context suggests disquiet with the ways in which S/M reflects the operations of law. Although the case law casts the masochist as a victim, other accounts represent masochism as a forceful enactment of submission. Masochism also challenges certain ideals of masculinity central to legal reason. Misgivings about the legitimacy of consent to S/M find a useful analogy in critiques of psychoanalytic treatment that understand consent in that context as irreducibly fraught.

This article explores the sexual experiences of women with learning difficulties, highlighting the blurred nature of the boundary between abusive and consented sex.