Why has the Concept of Consent Proven So Difficult to Clarify?

摘要

The concept of consent is a fundamental element within various crimes of different natures. It plays a particularly important role in the crime of rape under the Sexual Offences Act 2003 and non-fatal offences under the Offences Against the Person Act 1861. It is within this former Act that consent was given its first statutory definition under ss. 74, 75 and 76, respectively. This article explores the history of consent within sexual offences, the issues surrounding its definition and application, and the lack of consistency in criminal law as a whole. It will be submitted that each of these factors have subsequently led to the consensus that significant clarity has neither been embraced nor achieved by the integration of a statutory definition.