In English law, the Sexual Offences Act 2003 removes the element of consent from the actus reus of many offences, so that only the act itself and the age or other constraints need to be proved, including: 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 workers. This is a criminal law version of the civil law principle volenti non fit injuria (Latin for consent does not make an [actionable] injury) and the victim consents to run the risk (not the certainty) of injury arising within the rules of the game being played. Rose LJ, Wright and Kay JJ [1999] EWCA Crim 1710, [1999] No. Original reporting and incisive analysis, direct from the Guardian every morning. 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. In cross-examination two of the three women had explicitly acknowledged that, in general, unprotected sexual intercourse carried a risk of infection. Indictable offence One that is tried in the Circuit Criminal Court, the Special Criminal Court, or the Central Criminal Court. 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. In properly regulated sport, there is a legal right to cause incidental injury. Cited - Rex v Donovan CCA 1934 Sorting and Filtering: The case lists are designed to be filtered by different criteria. In the wake of the judgment, the Law Commission, the body that advises the government on law reform, published two papers on consent and offences against the person, both suggesting a more liberal approach. On the first occasion he tied a plastic bag over the head of his partner. Criminal Law - British and Irish Legal Information Institute He was convicted on the basis that the complainants had only consented to acts medical in nature and not to indecent behaviour, that is, there was consent to the nature of the act but not its quality. Lactic Acidosis: From Sour Milk to Septic Shock - Pamela J. Fall .if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_4',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Lists of cited by and citing cases may be incomplete. This case document summarizes the facts and decision in R v Stone and Dobinson [1977] 1 QB 354, Court of Appeal. Click the heading a second time to reverse the order (the heading will become Light Blue). 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. Hammersmith and Fulham London Borough Council v Creska Ltd; Ch D (Jacob J) 18 June 1999. Weight centile crossing in infancy: correlations between successive r v emmett 1999 case summary Best Selling Author and International Speaker. Richard Barton (Stephens & Son, Chatham) for the applicant; Andrew Brierley (CPS) for the respondents. The court distinguished a number of cases where sexual violence had been consented to but had found to be unlawful given its nature and subsequent harm caused to the participant.