Exorcism, Religious Freedom and Consent: The Devil in the Detail

摘要

The ruling in R v Brown that consent could not be a defence to actual bodily harm or more serious injury unless a recognised exemption applied has been much criticised. When considered exclusively in light of adult sexual activity, such criticisms may appear extremely persuasive. However, the issue of assault within exorcism reveals that there are other contexts in which the arguments appear more complex. This article examines the criminal law relating to consent and exorcism and asks how we should deal with the interplay between the general and the specific when it comes to formulating legal policy.