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Tag: Consent

Get the latest news and insight about consent and advance consent for cases involving serious sexual offences such as rape and sexual assault.

Is ‘advance consent to sexual activity’ a defence?

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Can consent to sexual activity be given in advance? Will “advance consent” be a defence for sexual activity with a person who is asleep or unconscious?

Mental incapacity and consent to sexual activity: a case study

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Sexual offences against a person with a mental disorder: at what point will a “mental disorder” mean a person lacks capacity to consent to sexual activity? Where do we draw the line? And how will incapacity be proved?