ABSTRACT
This chapter describes the law's approaches to factual consent. It explains the legal consent: when will somebody's factual consent be legally recognised and respected? The chapter shows that there are significant constraints on women's decisions. It examines that the liberal notion of consent is also a problematic concept. The chapter discusses that the agency of those who engage in sado-masochism is not denied; instead, their autonomy is weighed against morality and the public interest. It explains that many women have had limited control or autonomy over their own lives, let alone their own bodies. The chapter discusses that consent is not a straightforward or unproblematic concept. It explains that youths engaged in 'horseplay' or a man branding his wife in the marital home were not seen as suitable subjects for criminalisation. In deciding how to balance individual autonomy with public morality and the public interest, the courts are undertaking an ideological function in which gender norms play a crucial role.
