The Concept of Consent under the Sexual Offences Act 2003

The concept of consent is fundamental in considering the crime of rape under the Sexual Offences Act 2003 (SOA). Consent was placed on a statutory footing for the first time by the SOA which defines consent alongside evidential and conclusive presumptions under sections 74-76, respectively. This article explores the position that unfortunately, neither significant clarity nor enhanced protection appears to have been embraced or achieved by the incorporation of consent