What place has 'capacity' in the criminal law relating to sex post JB?

ABSTRACT: The term 'capacity' has come to assume a variety of meanings in the law of England and Wales, and the failure of statutes and judges to specify its meaning and application across the civil and criminal law leads to problems. Nowhere is this perhaps clearer than in the law relating to sexual capacity. This paper begins with an overview of two streams of law on sexual capacity in the civil and criminal law. The first stream traces through the criminal law provisions of the Sexual Offences Act 2003, the work by the Law Commission which led to its enactment, and the ways in which its provisions have been applied by the courts in practice; and the second examines the Mental Capacity Act 2005 ('MCA 2005') and its parallel application by the civil courts. We illustrate how the case of A Local Aut

SUBMITTER: Ruck Keene Kc Hon A 

PROVIDER: S-EPMC7614960 | biostudies-literature | 2022 Nov-Dec

REPOSITORIES: biostudies-literature