ABSTRACT
It is generally accepted that the role of consent in the criminal law is closely tied to the right to autonomy. However, the notion of autonomy is itself contentious and has multiple meanings. 1 This chapter will explore the role of consent in the criminal law from the perspective of relational autonomy. This offers three important insights. The fi rst is that relational autonomy emphasises that obtaining consent is a relational matter. It is not just a matter of what the victim said or did, but should be understood as a communicative exercise between the two parties. Second, the relational aspect means that a defendant relying on a victim’s consent has responsibilities towards that victim. Third, it will be argued that the moral work that consent does is to enable the defendant to accept the victim’s assessment of their own well-being. However, whether an apparent consent can be taken by a defendant as the victim’s assessment of their well-being depends on an appreciation of the character of the victim, the nature of their relationship and the broader social context.
