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Consent in Criminal Law

- Definition of consent
  - Voluntary and informed agreement
  - Absence of coercion or duress

- Importance of consent
  - Protects individual autonomy and bodily integrity
  - Essential in sexual offenses and certain non-sexual offenses

- Elements of valid consent
  - Voluntariness
  - Capacity to give consent
  - Informed consent

- Challenges in establishing valid consent
  - Coercion or duress
  - Mistaken belief in consent
  - Incapacity to give consent (e.g., due to age, intoxication, mental impairment)

- Case examples illustrating issues related to consent
  - R v. Brown (1994)
  - R v. Williams (1923)
  - R v. Olugboja (1982)

- Presumptions and defenses related to consent
  - Presumption of non-consent in certain circumstances (e.g., age, relationship)
  - Mistaken belief in consent as a defense (subjective and objective elements)

- Reforms and developments in consent laws
  - Affirmative consent
  - Increased focus on communication and ongoing consent


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