Consent and self-defence summary

Summary

This video delves into the defenses of consent and self-defense in criminal law, explaining how consent invalidates offenses by making force lawful. It outlines the necessity for genuine, voluntary consent and its limitations, such as not applying to murder or serious injury. The video also explores implied consent in social contexts and specific cases like horseplay. Self-defense discussions include the appropriate level of force, the impact of intoxication on defense claims, and special considerations for householders. The script uses case studies to illustrate these concepts, providing a comprehensive view of these legal defenses.

Takeaways

• 📚 Consent is not a defense but a condition that makes force lawful rather than unlawful.
• 🚫 Consent cannot be used for murder or serious injury, and must be real, voluntary, and based on sound understanding.
• 👥 Consent must not be obtained through deception, such as in Taberson where women thought they were consenting to medical examinations.
• 😨 Consent cannot be given out of fear, as established in the case of Olive Bulger.
• 🤝 Consent can be implied in certain situations, like social touching or horseplay, but not for fighting in public.
• 🏥 Consent is required for minor harm like in assault or battery, but it's more complex for serious harm needing medical treatment.
• 🏈 There are exceptions where serious harm consent is recognized, such as in sports, lawful chastisement, medical treatment, and tattooing.
• 🚫 Sexual pleasure and extreme body modification are not generally accepted as valid consent for serious harm.
• 🛡 Self-defense allows protecting oneself and others from harm, with the level of force being what the defendant believed was necessary at the moment.
• ⏰ Self-defense does not apply after the threat is gone, turning into revenge or pursuit.
• 🏠 Special rules apply for householders, allowing more force unless it's grossly disproportionate, as per the Crime and Courts Act 2013.

Q & A

What is considered as consent in criminal law?

Consent in criminal law is a situation where the application of force is considered lawful rather than unlawful. It must be real, given voluntarily, and based on a sound understanding.

Can consent be used as a defense for murder?

Consent cannot be used for murder. It is also limited when it comes to serious injury.

What is the significance of the case Taberson in the context of consent?

In Taberson, women who thought they were consenting to breast examinations for medical reasons were actually not giving true, real, valid consent as they were duped into it.

How does the case of Olive Bulger define consent in relation to fear?

Olive Bulger's case clarified that consent to sex cannot be merely submission due to fear of further violence; it must be more than just that.

What does it mean for consent to be implied rather than expressly given?

Implied consent is where the law recognizes consent without it being expressly stated, such as in social touching or certain traditional practices.

What is the legal stance on consent given during horseplay?

Consent can be implied during horseplay, typically between friends, where there's an understanding of accepting some harm as part of the activity.

What are the court-recognized exceptions where one can consent to serious harm?

Exceptions include properly conducted games and sports, lawful chastisement or corrections, reasonable surgical interference or medical treatment, and tattooing or piercing.

Why are activities with social usefulness more likely to be accepted as valid consent?

The courts tend to accept activities that have a social usefulness or utility to society as valid consent, while excluding those without such benefits.

How does the law view self-defense and what are the key considerations?

Self-defense is about protecting oneself and others from harm. The key considerations include the level of harm that can be used, whether the threat is still present, and if the defendant made a mistake about the danger.

What is the impact of intoxication on the defense of self-defense?

Intoxication can negatively impact the defense of self-defense as the law is less tolerant of mistakes, especially regarding the amount of force used when intoxicated.

How does the law differentiate the use of force in self-defense when defending one's home?

The law allows for more force to be used when defending one's home, as long as it's not grossly disproportionate to the threat, as per the Crime and Courts Act 2013.