Consent and the Criminal Law

Osgoode Hall Law Journal, Vol. 28, No. 2, pp. 485-500, 1990

16 Pages Posted: 28 Nov 2009 Last revised: 14 Nov 2013

Date Written: 1990

Abstract

The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights of physical integrity can only place socially vulnerable persons at great risk of abuse.

Keywords: autonomy, vulnerable persons, physical integrity, consent, sexual assault, consensual sex, right to die, euthanasia, medical treatment, human rights

JEL Classification: J70, J71, J78, J79, K10, K14, K19, K39, K42, K41

Suggested Citation

Vandervort, Lucinda, Consent and the Criminal Law (1990). Osgoode Hall Law Journal, Vol. 28, No. 2, pp. 485-500, 1990, Available at SSRN: https://ssrn.com/abstract=1514925

Lucinda Vandervort (Contact Author)

University of Saskatchewan ( email )

Saskatoon, SK S7N 5A6
Canada
(306) 966-5889 (Phone)
(306) 966-5900 (Fax)

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