Consent (criminal)

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Topic: Consent (criminal)

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In the News (Thu 10 Dec 09)

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	Canada's Legal Age of Consent to Sexual Activity (PRB99-3E)
		The history of age of consent laws in Canada has evolved considerably in the past century so that the existing Criminal Code prohibitions against sexual contact with children bear scant resemblance to those that were in place as recently as 20 years ago.
		The exception, of course, is anal intercourse, to which unmarried persons under 18 cannot legally consent, although both the Ontario Court of Appeal(3) and the Quebec Court of Appeal(4) have struck down the relevant section of the Criminal Code.
		Consent was not specifically precluded as a defence, however, and failure to prove that the accused was more to blame than the female person could result in acquittal.
	www.parl.gc.ca /information/library/PRBpubs/prb993-e.htm (2058 words)

	Schering-Plough - FDA Consent Decree
		If any Defendant violates this Decree and is found in civil or criminal contempt thereof, that Defendant shall, in addition to other remedies, reimburse the United States for its attorney's fees, investigational expenses, and court costs relating to contempt proceedings related to that Defendant.
		This Decree does not in any way limit any administrative, civil, or criminal action that may be deemed appropriate to be taken by any agency or department of the United States.
		Upon entry of this Decree, Defendants shall immediately recall all lots of Theophylline and Proventil Repetabs that are still within their labeled expiration periods from all of their United States wholesale consignees and all other United States direct consignees for destruction.
	www.fda.gov /cder/dmpq/SP_consent_decree.htm (4738 words)

	Age of consent - Wikipedia, the free encyclopedia
		The age of consent should not be confused with the age of majority or age of criminal responsibility, and in some jurisdictions, the marriageable age differs from the age of consent.
		Before 2001 the homosexual age of consent in England and Wales was 18, and before the early 1990s it was 21, the age it was set at when consensual buggery was decriminalised in the 1960s.
		In criminal law, the age of consent (AOC) is the age at which a person is considered to be capable of legally giving informed consent to any legal contract or behavior regulated by law, including sexual acts with another person.
	en.wikipedia.org /wiki/Age_of_consent (3562 words)

	An Age of Consent" Symposium
		In all the States association with a girl before she has reached the age prescribed in the statutes of the State in which she lives is rape, regardless of her consent to the association.
		Janney attempts definition; for instance, he says that "an immoral act becomes criminal when done in violation of a law which defines the crime." It becomes illegal under those circumstances, but the law cannot make an act criminal which is not so per se.
		But in the case of the age-of-consent law such individual relief would not be easy to obtain, no matter how intelligent and humane the parents or the girl might be.
	www.dis.org /daver/anarchism/tucker/aoc.html (4635 words)

	Sexual Assault Care Centre: Since You Asked: The Law - SACC provides emergency nurse, medical care, information thoughts feelings collect physical evidence help legal
		you're not legally allowed to consent to have sex (Canadian Criminal Code 2000):
		If you are under 14 years old, it is a criminal offence for someone to invite, counsel or incite you to touch, directly or indirectly, their body, the body of someone else or your own body, for a sexual purpose (with a part of your body or any object).
		If you are under 14 years old, it is a criminal offence for someone to touch your body for a sexual purpose with a part of their body or any object, directly or indirectly.
	www.sacc.to /sya/crime/law.htm (809 words)

	Aidsmap HIV transmission and the criminal law
		In quashing Mohammed Dica’s convictions, the Court of Appeal ruled that, where a person chooses to consent to the risk of HIV transmission (that is, they know that their sexual partner is HIV-positive and choose to have unprotected intercourse regardless of this fact), then that will be a valid defence to a criminal prosecution.
		Although his conviction was later quashed by the Court of Appeal (because the judge had misdirected the jury on the question of consent), the court accepted that the transmission of HIV could, in certain circumstances, amount to a criminal offence.
		There is no question of any person being liable for a criminal offence simply because they have transmitted HIV to another person.
	www.aidsmap.com /en/docs/0507DD86-195A-4C28-9914-CF89AE147AA0.asp (809 words)

	texts.htm
		Assessing the Criminal: Restitution, Retribution and the Legal Process (coauthor with John Hagel III)
		A Consent Theory of Contract -- PDF VERSION
		Rational Bargaining Theory and Contract: Default Rules, Hypothetical Consent, the Duty to Disclose, and Fraud -- PDF VERSION
	www.randybarnett.com /texts.htm (1357 words)

	Washington State Patrol - Criminal History Records
		Under the Criminal Records Privacy Act, conviction CHRI may be made public to anyone without restriction and without the consent of the subject of the record.
		Local criminal justice agencies are required by law to submit felony and gross misdemeanor arrest and disposition information to the State Patrol, where it is included in a CHRI data base.
		It will include state of Washington record of convictions and any pending crimes against persons for which the applicant is currently being processed by the criminal justice system and sex offender and kidnapper registration information.
	www.wa.gov /wsp/crime/crimhist.htm (1457 words)

	Order Criminal, Prison, Warrant, Civil and Sex Offender Records Online! 1.800.315.7678 - CriminalUSA.com - Home Page
		BUT county criminal records for all 3500+ counties in the US are held to be PUBLIC RECORDS and do not require a consent form or any type of disclosure.
		Criminal USA provides federal, criminal and civil records from all 50 states, 241 US district courts, 35 state repositories and 3400 counties.
		Check the requirements and restrictions for state and county criminal record access.
	www.criminalusa.com (894 words)

	Washington State Patrol - Criminal History Records
		Under the Criminal Records Privacy Act, conviction CHRI may be made public to anyone without restriction and without the consent of the subject of the record.
		Local criminal justice agencies are required by law to submit felony and gross misdemeanor arrest and disposition information to the State Patrol, where it is included in a CHRI data base.
		Certified criminal justice agencies may request and receive unrestricted CHRI from the Identification and Criminal History Section for criminal justice purposes.
	www.wa.gov /wsp/crime/crimhist.htm (894 words)

	Implications of the CJA for Travellers, Ravers, Squatters, and Environmental Protesters
		The Act also enables local authorities to direct people camping in caravans or other vehicles on unoccupied land, or on occupied land without the owner's consent, to leave the land and remove their vehicles from it: those concerned need not be trespassers nor have behaved in any particular way.
		The Criminal Justice and Public Order Act 1994 has 171 Sections, almost all of which have provoked considerable opposition from Civil Liberties groups, professionals in the legal and penal fields and groups of people who are directly targeted by the Act.
		The Act enables a police officer to direct two or more people whom he or she 'reasonably believes' to be trespassing on land with the purpose of 'residing there for any period' to leave the land and to remove any vehicles or property which they have with them.
	tash.gn.apc.org /law_impl.htm (4211 words)

	Official Web site of the U.S. Army Criminal Investigation Command
		The Government may monitor and audit usage of this system and all persons are hereby notified that use of this system constitutes consent to such monitoring and auditing.
		Unauthorized modification of any information stored on this system may result in criminal prosecution.
		You are entering an official U.S. Government system, which may be used only for authorized purposes.
	www.cid.army.mil (68 words)

	NetNude - Canadian Laws & Letters
		We respectfully urge you not to remove or alter Section 174 (3) of the Canadian Criminal Code ("No proceedings shall be commenced under this section without the consent of the Attorney General".).
		We feel, both as naturists and as part of Canadian society, that it is unacceptable that a woman who bares her breasts, or indeed that a person who is totally nude, for such activities as swimming and sunbathing on a quiet beach, should be in fear of being charged under the Canadian Criminal Code.
		Allan Rock requesting changes to Section 174 of the Canadian Criminal Code (CCC), to better reflect present day attitudes of a more-enlightened society towards nudity in the context of nudist /naturist recreation and lifestyle.
	www.netnude.com /main/claws981.html (2231 words)

	canadian criminal record
		canadian criminal recordREAL ESTATE PROPERTY RECORDS 8) CIRCUIT CRIMINAL: Shows one party tape recording consent is made, the post convention training package your share of this is highly attractive!
		canadian criminal record Since those days, Joseph Culligan didn't even help you obtain inexpensive white paper of moneywhy the rest of informative correspondence and Mr.
		Criminal records are only recorded centrally at the Canadian Police Information Center (CPIC...
	www.geocities.com /pvbarbera_320/canadian_criminal_record.html (548 words)

	BreakingNews.ie: Justice Minister publishes new Criminal Justice Bill
		Justice Minister Michael McDowell has published draft legislation which would give the Gardaí the power to take DNA samples from criminal suspects without their consent.
		The proposed Criminal Justice Bill would also allow the Gardaí to retain DNA samples for 12 months, instead of the present six months.
		BreakingNews.ie: Justice Minister publishes new Criminal Justice Bill
	www.breakingnews.ie /2003/08/28/story111343.html (548 words)

	analysis
		Although in some cases prosecutors dropped their investigations because of either the alleged criminal's limited guilt or the athlete's consent to the battery, in other cases there still might be potential criminal liability under the German Criminal Code (StGB, Strafgesetzbuch), sections 223 (battery) and 230 (bodily harm).
		Section 223 of the German Criminal Code is the current rule, while sections 115 to 118 have been the equivalent East German rules, indicating that criminal liability may depend on whether the coaches committed battery under former East German law.
		Under German law, the coaches' criminal liability is heavily dependent on the athlete's behaviour.
	web.apu.ac.uk /sportslaw/slban3a.htm (548 words)

	Age of Consent
		My view is that raising the age of consent to the age of 18 would limit people from a lot of good experiences in life; however, people should be mature enough to know not only what they are getting into, but also the consequences.
		People under the age of 18 are still going through very emotional and unstable times and are not in the right frame of mind to consent to sexual activity with an adult over the age of 18.
		The age of consent for sexual intercourse in Canada should be raised to 18.
	www.lawyers.ca /ycja/apr2003.htm (3560 words)

	LEGAL AGE OF CONSENT (ageofconsent.com) Age du consentement à l’acte sexuel
		Some areas call this the age of sexual consent; others the age of consent; and even others, the age at which one cannot be convicted for "statutory rape" (also age of protection and age of sexual maturity).
		In certain countries, persons below the minimum age shown here can participate in sexual acts under certain conditions without either them or their partners necessarily committing a criminal offence.
		AgeOfConsent.com is a repository of both legal and commentary information on laws relating to sexual activity.
	www.ageofconsent.com /ageofconsent.htm (381 words)

	Age of Consent
		As a result of the publicity that the Armstrong case generated, Parliament in 1885 passed the Criminal Law Amendment Act that raised the age of consent from thirteen to sixteen, strengthened existing legislation against prostitution and proscribed all homosexual relations.
		They became involved in the campaign against the white slave trade and in 1875 the House of Commons agreed to raise the age of consent to thirteen.
		In the 1860s the age of consent was twelve years old.
	www.spartacus.schoolnet.co.uk /REage.htm (268 words)

	GayLawNet - GayLawNews by Subject - Age of Consent
		South Australia has an equal age of consent of 17; and NSW and the Northern Territory have a minimum age of 16 for heterosexual sex and 18 for gay male sex.
		The legal age of consent in NSW is 18 but for sex between men and women it is 16.
		In her letter Wilson explained that the NSW Government had recently indicated it would not change the age of consent laws until Justice Wood had handed down law reform recommendations on the issue.
	www.gaylawnet.com /news/1996/ag1996.htm (691 words)

	CATHOLIC ENCYCLOPEDIA: St. Gregory the Great
		Accordingly, in May, 595, the pope wrote to a friend at Ravenna a letter (Epp., V, xxxiv) threatening to make peace with Agilulf even without the consent of the Exarch Romanus.
		This threat was speedily reported to Constantinople, where the exarch was in high favour, and the Emperor Maurice at once sent off to Gregory a violent letter, now lost, accusing him of being both a traitor and a fool.
		The exarch, however, looked at the whole affair in another light, and, when a whole year was passed in fruitless negotiations, Gregory began once again to mediate a private treaty.
	www.newadvent.org /cathen/06780a.htm (691 words)

	Criminal Law Essays
		The majority decision of the House of Lords in R V Brown (1993) concerning consent as a defence to the deliberate infliction of physical harm, does not follow the legitimate aims and functions of the criminal law.
		Consider the suggestion that, if a major objective of criminal law is to prevent harm to individuals, alternatives to mens rea as a basis for liability should be used more.
		"If the object of law criminal law is to prevent the occurrence of socially damaging actions, it would be absurd to turn a blind eye to those which were due to carelessness, negligence or even accident" Barbara Wooton.
	learningat.ke7.org.uk /socialsciences/5thlesson/Law/LawEssays.htm (464 words)

	Law & Order: Criminal Intent (a Titles and Air Dates Guide)
		Any sales or other uses of this document are expressly forbidden, without the specific consent of the author(s).
		Law & Order: Criminal Intent (a Titles and Air Dates Guide)
	epguides.com /LawandOrderCriminalIntent (707 words)

	Repeal 43 Committee
		It is an offence under our Criminal Code to use force against anyone without their consent.
		The Repeal 43 Committee is a national, voluntary committee of lawyers, pediatricians, social workers and educators formed in 1994 to advocate repeal of section 43 of the Criminal Code.
		Health Canada, provincial governments, and child protection agencies recommend that parents use positive methods of discipline rather than corporal punishment.
	www.repeal43.org /about.html (474 words)

	Law FAQS - Joyriding
		In the Criminal Code, the offence of theft means that the accused person takes property intending to keep it for his or her own use, either permanently or temporarily.
		A summary offence is one of the less serious of the offences in the Criminal Code.
		Frequently, the offender is the son or daughter of the vehicle's owner who takes the family car without parental consent, but also without intention of stealing it, and later returns or abandons the vehicle.
	www.acjnet.org /youthfaq/joyriden.html (506 words)

	R. v. Stillman
		Criminal law -- Power of search incidental to arrest -- Scope of power -- Police taking hair samples, buccal swabs and teeth impressions from accused without his consent while he was in custody -- Whether common law power incidental to arrest can be extended to permit seizure of bodily samples and impressions.
		The bodily samples and impressions were not seized pursuant to the Criminal Code, which at the time of the accused's arrest did not authorize the search of a person or the seizure of parts of the body.
		Similarly, the Criminal Code provisions pertaining to breath samples are both minimally intrusive and essential to control the tragic chaos caused by drinking and driving.
	www.lexum.umontreal.ca /csc-scc/en/pub/1997/vol1/html/1997scr1_0607.html (17700 words)

	BBC News SCOTLAND Challenge to age of criminal responsibility
		The age of criminal responsibility denotes the age below which a child is considered mentally unable to commit crime.
		Scotland has one of the lowest ages of consent in the world and under current rules children as young as eight can appear in court.
		The Scottish Law Commission has published proposals to abolish the age of criminal responsibility below which a child cannot be prosecuted.
	news.bbc.co.uk /low/english/uk/scotland/newsid_1465000/1465782.stm (17700 words)

	Age of consent - free-definition
		The age of consent should not be confused with the age of majority or age of criminal responsibility, and in some jurisdictions, the marriageable age differs from the age of consent.
		In criminal law, the age of consent is the age at which a person is considered to be capable of legally giving informed consent to sexual acts with another person.
		Sexual relations with a person under the age of consent is in general a criminal offence, with punishments ranging from token fines to life imprisonment.
	www.free-definition.com /Age-of-consent.html (17700 words)

	Criminal Law
		Consent and mistake of fact irrelevant for statutory rape (strict liability crime).
		Repeated criminal or antisocial conduct is not enough.
		Under 14: Rebuttable presumption of no criminal liability
	www.twise.com /barexam/crim.htm (1331 words)

	Socio-legal work on Public Law, Legal Theory and Criminal Justice - Research, Law School, Lancaster University Law School
		Georgina Firth is also researching criminal justice issues, including defences and consent, and the application of human rights law to life sentence prisoners.
		Dr Ian Bryan researches on a number of criminal justice issues.
		Socio-legal work on Public Law, Legal Theory and Criminal Justice
	www.lancs.ac.uk /fss/law/research/areas/sociolegal.htm (416 words)

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Topic: Consent (criminal)

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In the News (Thu 10 Dec 09)