THE ISSUE OF CONSENT IN THE CRIME OF SEXUAL ASSAULT

Authors

  • ALAN W BRYANT

Abstract

The consent of the complainant is often the only disputed issue in a trial of an accused charged with the crime of sexual assault. Consent or its absence distinguishes normal pleasurable behaviour from a serious crime. Because consent is a question of mixed fact and law, judges are required to instruct juries on the meaning of consent. This is a difficult task since the definition for a legally recognized consent reflects policy considerations and social values. This article examines the common law, and the old and new statutory provisions governing the matter of the consent of the complainant for the crime of sexual assault.

Keywords:

Criminal Law

Downloads

Total Downloads:

Download data is not yet available.

Downloads

Published

1989-03-01

Issue

Section

Legal Commentary