| 单词 | consent |
| 释义 | consent In criminal law, issues of consent arise mainly in connection with offences involving violence and sexual acts. In looking at consent as a defence the courts will consider the degree of harm (you could not, for example, consent to being killed) and the purpose of the activity (R v Donovan [1934] 2 KB 498; R v Brown [1994] 1 AC 212; R v Laskey, Jaggard and Brown App. No 109/95 (1997) 24 EHRR 39). For public-policy reasons, a victim’s consent to conduct that foreseeably causes him actual bodily harm is no defence to a charge involving ABH, wounding (although see R v Wilson [1997] QB 47), or homicide; in other cases the defendant should be acquitted if the magistrates or jury have a reasonable doubt not only as to whether the victim had consented but also as to whether he thought the victim had consented (see battery). The Sexual Offences Act 2003 (s 74-75) creates both a conclusive and an evidential presumption regarding consent. Where the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act (R v Williams [1923] 1 KB 340) or the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant (R v Elbekkay [1995] Crim LR 163), it is conclusively presumed that the victim did not consent to the relevant act. Where anyone used violence against the victim, caused her to fear that immediate violence would be used against her or another person (R v Olugboja [1981] 3 All ER 433), or where the victim was unlawfully detained, unconscious, unable to communicate, or involuntarily intoxicated, it is presumed as an evidential matter that the victim did not consent to the relevant act. See also age of consent; conveyance; rape. In the law of defamation, if someone has consented to the publication of a statement, he is not then entitled to sue for damages because of that publication. Similarly, if the claimant has provided material to the defendant with his permission for it to be published, it is not then possible to sue for defamation. It is to be noted that the consent given should be clear and unequivocal. However, it is possible to imply consent through conduct. 2. (in medical law) Agreement to undergo medical treatment or to participate in medical research. Four conditions must apply for consent to be valid: (1) the patient must be given sufficient information (see informed consent); (2) the patient must be competent, i.e. he must have the capacity to understand, retain, and weigh up the information and to make a rational decision; (3) the patient must be in a position to decide voluntarily, i.e. without external pressure; and (4) the patient must communicate his decision. Real or valid consent provides a legal defence against the charge of battery (trespass against the person). To avoid such a charge, a doctor must ensure that the patient has understood, at least in broad terms, what the treatment entails. An action for negligence may be brought if the doctor discloses insufficient information or fails to answer the patient’s questions. (see competent patient; incompetent patient). The law requires consent to be evidenced in writing only in special cases, such as recruiting a subject to a clinical trial. The need to obtain informed consent before proceeding with treatment is precluded in three circumstances: emergency, incompetence, and therapeutic privilege. |
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