ABSTRACT

Consent plays a crucial role in the criminal law. It can provide reassurance to professionals who need to touch patients that they will not be prosecuted. It will be clear form this model that consent is only needed when an act is a prima facie wrong. The next point to emphasise is that there is a fundamental distinction between consent, 'no consent' and objection. This is helpful because it explains the error that is made by those who see consent as reflecting autonomy. This distinction is particular relevant in sexual context where Robin West makes the powerful case that unwanted sex may cause the victim a whole range of harms. A proper respect for bodily integrity should allow the telling of story of what happened before the incident. In relying on consent one has the responsibility of giving the time, information and freedom from pressure to provide that consent. It is here that the relational context will be crucial.