#Kate Roxburgh

The recent High Court decision stressed that the Article 10 right to freedom of speech includes the right to cause offence.

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?

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?