Letteratura scientifica selezionata sul tema "Consensual non-consent"

Therapist-patient sexual contact is unethical, whether it is the patient or the therapist who attempts to sexualize the therapeutic relationship. Therapist-patient sexual contact is non consensual; patients cannot provide a morally valid consent to sexual relations with their therapist because the key elements of a morally valid consent — intentionality, substantial understanding, substantial voluntariness and autonomous authorization — cannot be met. As well, therapist-patient sexual contact harms patients, patients' families, and the profession. The most significant harm caused is experienced by the patients, the majority of whom are women.

Non-consensual sterilization is one of the characteristic historical abuses that took place mainly in the first half of the 20th century. People with intellectual disability (ID) were a prime target as part of the ideology of negative eugenics. In certain jurisdictions, laws were in force for several decades that permitted sterilization without the need for consent or with consent from third parties. The long-term adverse effects on those sterilized against their will have only more recently been recognized. In the latter half of the 20th century, human rights treaties were introduced and developed; they have, in the main, curbed sterilization abuses. Courts have developed more stringent criteria for making decisions on applications for sterilization, and nowadays there are mostly adequate safeguards in place to protect those with ID from non-consensual sterilization. The only exception should be the particular case in which, all medical and social factors having been taken into account, sterilization is overwhelmingly thought to be the right decision for the individual unable to give consent.

Abstract Consent, the final frontier. International commercial arbitration is a dis­pute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is defi­nitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.

The goal of my comments regarding the case study of Eve Hyde — presented in the introduction of this symposium — is not first and foremost to resolve the conflict between individual autonomy and medical paternalism regarding non-consensual psychiatric treatment. Instead, the goal is to step back far enough from what is generally accepted as the morally appropriate basis for non-consensual psychiatric treatment, including involuntary hospitalization and medication, and to ask very basic questions about when patients may permissibly be treated without their consent. My goal, in short, is Socratic — to explore aspects of what we take for granted in order better to determine whether we ought to take them for granted. Commentators routinely urge that it is morally permissible forcibly to treat psychiatric patients, such as Eve Hyde, in order to preserve the patient’s best interests and restore the patient’s autonomy. Such arguments typically specify duties of beneficence toward others, while appreciating personal autonomy as a positive value to be weighed against other factors.

Background One of the possible negative consequences of sexting is the non-consensual sharing of received-intimate content. This study aimed to determine the characteristics and motives of youths who shared received-intimate images without consent. Methods: Data were obtained from a self-administrated Swiss survey on sexual behaviours among young adults (aged 24–26 years). Out of the 7142 participants, 5175 responded to the question ‘Have you ever shared (forwarding or showing) a sexy photograph/video of someone else (known or unknown) without consent’?; 85% had never shared (Never), 6% had shared once (Once) and 9% had shared several times (Several). Data are presented as relative risk ratios with 95% confidence intervals. Results: Participants who had shared received-intimate content without consent had higher odds of being male [2.73 (2.14–3.47)], foreign-born [1.45 (1.04–2.03)], reporting a non-heterosexual orientation [1.46 (1.10–1.93)], having sent one’s own intimate image [1.76 (1.32–2.34)] and receiving a shared-intimate image of someone unknown [4.56 (3.28–6.36)] or known [2.76 (1.52–5.01)] compared with participants who had never shared. The main reported motivations were for fun (62%), showing off (30%) and failure to realise what they were doing (9%). Conclusions: Given the reported motivations, it appears crucial to remind youths of the seriousness of non-consensual sharing. Although females may also be perpetrators, the behaviour was more prevalent among males. Prevention and education need to consider a broad range of young people in their scenarios. Even if a particular focus on understanding and preventing males’ perpetration must be considered, overall perpetration, including female’s, must be discussed.

Limited research has considered individual perceptions of moral distinctions between consensual and nonconsensual intimate image sharing, as well as decision making parameters around why others might engage in such behavior. The current study conducted a perception analysis using mixed-methods online surveys administered to 63 participants, inquiring into their perceptions of why individuals engage in certain behaviors surrounding the sending of intimate images from friends and partners. The study found that respondents favored the concepts of (1) sharing images with romantic partners over peers; (2) sharing non-intimate images over intimate images; and (3) sharing images with consent rather than without it. Furthermore, participants were more willing to use their own devices to show both intimate and non-intimate images rather than posting on social media or directly sending others the image files. Drawing on descriptive quantitative and thematic qualitative analysis, the findings suggest that respondents perceive nonconsensual image sharing as being motivated by the desire to either bully, “show off,” or for revenge. In addition, sharing intimate digital images of peers and romantic partners without consent was perceived to be troubling because it is abusive and/or can lead to abuse (when involving peers) and a violation of trust (when involving romantic partners).

Consensual sharing of personal sexually explicit imagery (SEI) is part of young people’s sexual practise; however, harms arise if content is shared without consent. Australians aged 15–29 years were recruited for an online survey. Participants indicated if they had ever sent SEI of themselves to someone else, received SEI directly from the person in the imagery and whether they thought it was illegal to forward SEI without consent. Participants reported whether anyone shared their SEI without permission, if they told people, made official reports or if there were consequences for perpetrator(s). Logistic regression was used to identify associations between victimisation, gender, age group, sexual identity and knowledge of SEI-related law. In total, 1007 participants (65% female, mean age 23 years, 67% heterosexual) were recruited; 63% sent personal SEI to another person, 71% received SEI from the person pictured and 77% correctly identified it is illegal to forward SEI without consent. Thirteen percent (n = 126) indicated another person forwarded personal SEI without consent. In univariate analysis, victimisation was associated with identifying as non-heterosexual (odds ratio = 1.51, confidence interval = 1.03–2.22), but was independent from age group, gender and knowledge. In multivariate analysis, sexual identity, age group, gender and knowledge were not significantly associated with victimisation. Among participants who experienced non-consensual sharing of personal SEI, 63% told friends, 10% told family, 93% made no official report and 94% reported no consequences for perpetrator(s). Initiatives are needed to promote legal rights and enable young people to seek support.

In this article, we consider the reforms to non-consensual sexual offences that the Law Reform Commission of Hong Kong (‘LRCHK’) has recently advocated in its Final Report about the law relating to sexual offending in that jurisdiction. We argue that a comparison between the LRCHK's proposals and those supported in recent years by Law Reform Commissions in other jurisdictions – most particularly, in New South Wales (‘NSW’) and Queensland – reveals the LRCHK's recommendations generally to be sensible, balanced and progressive. The LRCHK's approach to the question of what it is to consent, and to the issue of how a person withdraws consent, is preferable to that supported by the NSW Law Reform Commission (‘NSWLRC’). Further, it seems right to have supported an objective culpability requirement for the non-consensual offences with which it was concerned. And while there are difficulties concerning certain of the LRCHK's proposals – especially, perhaps, those pertaining to fraudulently procured sexual activity – the NSWLRC's and the Queensland Law Reform Commission's respective approaches to the last mentioned topic also seem imperfect.

Kink practitioners have adopted phrases, like “safe, sane and consensual” (SSC), to describe a non-pathological approach in considering risk and harm in kink practices. However, little is known about how risk and consent are negotiated online, particularly when the kink activities occur in private rather than the public or semi-public spaces of kink community venues or events. Drawing on 30 in-depth interviews with self-identified kinky gay and bisexual men, this article examines how risk and consent are discussed when organizing kink sessions through online platforms. Most participants were unaware of SSC or alternatives. Instead, participants employed diverse methods of negotiating consent and risk which predominantly involved indepth communication online. Interestingly, participants were more concerned with the risks associated with meeting others online, such as catfishing, than the risks involved with kink. Finally, some participants described a laissez-faire approach to their kink sessions through not planning or discussing risk and consent beforehand

It has long been recognised that ‘non-consent’ is a fundamental element of the law of occupation. Under modern international humanitarian law (IHL), the consensual presence of foreign military forces is generally not seen as belligerent occupation.However, if we accept the principle that the application of IHL should rely on the objective situation on the ground and not on the subjective judgment of the situation of parties to the conflict, it may be natural to diminish the significance of consent by the territorial states in relation to the application of the law of occupation. It may be somewhat harmful to deny such protection based solely on the existence of the territorial states’ consent without considering the relationship, in reality, between the occupier and the population in the occupied area. According to a teleological interpretation of IHL, especially when it is obvious that the latter has no allegiance to the former, the tense relationship between them should be regulated by the law of occupation.This article discusses whether and how state consent could be a humanitarian ground to negate the legal protection for its own people, and highlights situations where the local population needs protection by the law of occupation (or comparable rules) in consensual military occupations.

My research explores what laws, such as laws surrounding immigration, child custody, and divorce, negatively affect polyamorous individuals in the U.S. and how people's perceptions of barriers differ along lines of gender-sexual-racial-class identities. My applied research is conducted for my client, a CNM-friendly attorney in D.C. I investigate the experience of polyamorous people that use lawyers they perceive as consensually non-monogamous (CNM)-friendly. I probe what it means to be "CNM-friendly," how one promotes oneself as a CNM-friendly lawyer to potential clients and the world at large, and the relationship between being a CNM-friendly lawyer and activism.

Projeto de Graduação apresentado à Universidade Fernando Pessoa como parte dos requisitos para obtenção do grau de Licenciada em Criminologia
O presente Projeto de graduação está dividido em dois capítulos em que, no primeiro, foi utilizada uma metodologia de revisão bibliográfica de forma a analisar teoricamente em que consiste a partilha não consentida de conteúdos íntimos, mais propriamente, a Revenge Porn. São apresentados, conceitos, motivos, meios de perpretação, impactos nas vítimas, estatísticas e uma visão legal do fenómeno. No segundo capítulo consta delineada uma contribuição empírica onde é proposto um estudo exploratório em que a recolha de dados seria idilicamente feita através de um questionário via online em que, de forma voluntária contaria com a participação voluntária de indivíduos maiores de idade. No final, são apresentados os resultados esperados assim como uma breve discussão e conclusão sobre a temática.
The current Graduation Project is divided into two chapters/sections, in which, in the first one, it was used the methodology of literature/bibliographic reviewing in order to theoretically analyse what sharing of intimate content without consent consists of, more specifically, what Revenge Porn consists of. Concepts, motives, means of perpetration, impacts on the victims, statistics and a legal vision of the phenomenon are presented. In the second chapter/section is delineated an empirical contribution where it is proposed an explanatory study in which the data collection would be idyllically made through a questionnaire via online that people over 18 years old could voluntarily participate in. In the end, the expected results are displayed as well as a brief discussion and a conclusion about the subject.
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Individuals who have not intruded, and who do not risk intruding, upon the rights of others, normally are wronged by harmful non-consensual neurointerventions. Nonetheless, this chapter argues that neurointerventions sometimes do not wrong the intervenee; namely, when (1) suitably valid consent has been given by the intervenee, or (2) the intervenee risks non-rightfully intruding upon the rights of others and the intervention is proportionate and necessary for suitably reducing the intrusion-harms she imposes, or (3) the intervenee is not psychologically autonomous and the intervention is in her interests. Moreover, in the second case, it wrongs an individual to impose harmful non-consensual alternatives to neurointerventions (such as incarceration) when they impose greater intrusion-harm on the individual and do not achieve a greater reduction in the relevant intrusion-harm she imposes.

Sexual harassment is a complex behaviour, characterized by several dimensions and definitions, as shown by the literature. In an online context, it is important to fully understand its nature, characteristics and consequences as well as how it may affect adolescents. This work aims to systematize the information available in the literature, by describing the main characteristics of the phenomenon, and trying to provide a definition. The research, which was conducted on four databases in November 2021, led to the identification of 20958 works. After removing the duplicates, and analyzing the abstracts and full-texts, a final number of 65 works were included, which were read in full-text and analysed. As for the studies collected, the type of relationship between the aggressor and the victim is described, alongside a description of the behaviors classified as online sexual harassment. Online sexual harassment can manifest itself in three main typologies (verbal, visual, cybersexual). Within these typologies, it is possible to identify three prevalent behaviours: unwanted solicitation, non-consensual sexting, and sharing of intimate and/or private content with third parties without the victim’s consent.

The conclusion of contracts was known in ancient times and is still relevant today. Shares that are not distributed in kind can cause certain difficulties that force the interested parties to decide on distribution.Joint ownership of inherited property received from a family member necessitates joint decision-making on its maintenance, ownership, use, and disposal, and it is difficult to achieve such a consensus on all issues. Therefore, quite often a certain period may pass from the acquisition of the right to a share in the joint property to its distribution, but due to conflicts regarding the use of the property or in the case of the need to receive funds or for other reasons, the joint property is divided by the co-owners. That is, the reasons may even be questions of how to use agricultural land, for example, to rent it out, sow it yourself, plant a garden, etc. However, the complexity of the division of land plots is because it is difficult to «divide» agricultural lands at least. After all, their intended use depends on the size, etc. Quite often, disputes also arise regarding the use of residential buildings, since the size and location of the rooms make their use impossible or difficult, as well as the distribution in kind according to the inherited shares. In other words, there is a certain «trading» of assets. If the situation is related to the distribution of a small plot of land where the house is located, then questions also arise regarding the establishment of an easement, as well as mutual concessions for the compensation of a part of the house in exchange for most of the land. In general, there are protracted negotiations, from the point of view of which these parties, who are still in a family relationship, agree on the division of property.Factors that can affect the outcome of property division include unique family circumstances, the specific nature of assets, and traditional legal practices. The parties will use different mechanisms for the division of joint assets: sale, donation, or exchange, under the terms of which they «trade» with the consent of others their rights as co-owners of jointly owned objects. The various evolutionary stages of the agreement on the division of property by the testator’s family culminate in the final stage of agreeing. The agreement on the division of inheritance is a complex legal process. Potentially, in a single transaction, the beneficiaries can choose and implement the division by sale, exchange, or donation. These different legal constructions reflect the uniqueness of the decisions in each agreement and to some extent demonstrate the specific legal practice of the individual Old Babylonian city-state and the particular circumstances of each family.However, in addition to the division of property, there are other agreements regarding the division of inheritance. For example, an agreement on quasi-partition upon adoption (quasi-adoption), an agreement on the division of residential property by the owner between its future beneficiaries.The need to conclude such agreements arises when an agreement on the division of property is required, which differs from such concepts as sale, donation, exchange, etc.Domestic scientists consider the agreement on the distribution of joint property very broadly and include other types of agreements in the list of such agreements, establishing that the agreement on changing the succession of the right to inheritance by law is atypical. It was determined that the contract under investigation belongs to contracts on the distribution of inheritance. Agreements on the distribution of inheritance are concluded in the field of inheritance, which indicates that they belong to inheritance agreements. It is proposed to supplement the existing classifications of civil law contracts by distinguishing a new type of civil law contracts – contracts in the law of inheritance on the level with the selection of a new type of inheritance contracts – contracts on the distribution of inheritance.» This is a bold hypothesis, but it is difficult to agree with it for various reasons, not least because the distribution of inheritance has been known since ancient times.The factor that the term «distribution» of inheritance and giving it a broad legal meaning is analyzed is an interesting author’s hypothesis. At the same time, according to our position, the term «distribution of inheritance» is more balanced, since in Art. 1278 of the Civil Code does not quite successfully use the term «division», when in the content of this norm it is about the equality of shares in the inheritance and the allocation of a share in kind, and not about division. However, in Part 1 of Art. 1280 of the Civil Code, the term «distribution» is used with a direct meaning and «redistribution» as an opportunity to review the results of the distribution under new circumstances – in the case of acceptance of the inheritance by other heirs. In essence, the obvious meaning of the term «distribution» follows from this norm as the initial determination of the ownership of the share of each of the heirs. In this sense, the redistribution of the inheritance should be connected with the possible introduction of changes to the previously made distribution, that is, in this case, we do not limit the number of subsequent redistributions of the inheritance. This hypothesis is related to the fact that the number of heirs who missed the deadline for valid reasons is not limited by legislation and cannot be limited, but is determined by various legal circumstances.Therefore, it is hardly expedient and possible, to apply in Art. 1280 of the Civil Code, the concept of «distribution» should be given a wider meaning than it has in the Civil Code, as this would lead to its ambiguous perception and application both in theory and in legislation and practice. Usually, theoretical terms should be distinguished by being original and should accurately reflect the legal meaning of actions, events, or conditions.But an important element of the procedure for the distribution of common inheritance property or its redistribution are the subjects who must fix the relevant agreement or carry out such distribution according to their conviction.It is indicated that the practice of concluding contracts by the living owner with his future heirs is widespread in foreign countries. At the same time, German experts equate inheritance with what they consider to be contractual inheritance.It should be noted that the practice of concluding contracts on the distribution of inheritance in the practice of the Ukrainian notary is relatively new and does not have clear boundaries in regulation, which complicates the activity of notaries in certifying such contracts. There are several difficulties in the application of relevant legal norms in practice, as there is a lack of understanding of the legal nature and essence of the conclusion of contracts, the term of conclusion, and the procedure for notarization.The opinions of individual authors are studied, about legal relations regarding the division of inheritance characterized by a weak state policy, this obliges the participants of such relations to draw up the content of agreements on the division of inheritance independently. For agreements between heirs on the distribution of inheritance to be valid regulators of the relations of its participants (heirs), conditions (clauses) must be clarified and formulated, which will be disclosed with sufficient completeness and consistency of the content of the relevant agreement and the purpose of its conclusion.We do not agree with this point of view of the scientist regarding «weak state policy», since the Central Committee of Ukraine was not created by politicians or the Ministry of Justice of Ukraine, but by leading scientists of Ukraine. It is also difficult to agree with the statement that the lack of clear regulation of the terms of inheritance contracts «obliges the participants of such relationships to independently draw up the content of inheritance distribution contracts.» In Ukraine, some good notaries and lawyers can draw up high-quality contracts for the distribution of inheritance. Moreover, according to Art. 4 of the Law of Ukraine «On Notaries», notaries have the right to draw up relevant draft contracts. In our opinion, it is worth emphasizing here that this is a right, not a duty of a notary public. That is, the notary may not undertake the drafting of the relevant project, but this provision is positive for interested parties since the lack of experience in drafting original contracts will most likely lead to the drafting of a low-quality draft contract. Indeed, in this case, it is worth looking for an experienced notary who will be able to draw up a draft contract, but this will make it possible to prevent errors in its drafting with a high probability.Thus, the agreement on the distribution of inheritance enters into force if the parties reach an agreement in the proper form on all the essential terms of the agreement. The main essential condition for agreeing on the division of inheritance is the subject of the agreement. However, either party may consider this condition insufficient and propose to include additional conditions in the contract. In this case, these conditions become essential. In connection with the instability of the regulation of the content of contracts between heirs on the distribution of inheritance, it can be concluded that the inclusion of normal conditions in the contract is currently impossible. We believe that such a general scheme of perception of contract terms is not entirely rational, since how to perceive ordinary terms or essential terms of a contract quite often in practice depends on the judgments of the parties to the contract unless otherwise regulated by legislation. This issue can be approached more precisely if we take into account the possibility of interpreting transactions and contracts (Article 213 of the Civil Code).So, based on the essence of the process of concluding contracts, it should be taken into account that the notary who drafts the contract can edit it, therefore it is worth recognizing the right of the notary to interpret it, since according to Art. 5 of the Law of Ukraine «On Notaries», he is obliged to clarify the legal consequences that will arise for persons after his certification. It follows from this that the notary must be given the official right to interpret the contract upon its certification, then it will be clear that after its certification, the court can interpret the content of the contract. In this regard, Art. 213 of the Civil Code is proposed to be supplemented with a corresponding provision regarding the powers of the notary, namely: his duty to interpret the content of the deed or contract before and during its certification.The Inheritance Regulation, which envisages wide acceptance of the inheritance contract, is considered. It is noted that it is worth revising Ukrainian inheritance law in advance for compliance with European standards since after Ukraine accedes to the EU it will be necessary to inform all EU countries about what types of contracts in Ukraine will be related to the issuance of the European Certificate of Succession.This is also important for inheritance by law, because, in case of non-fulfillment of the terms of the lifetime maintenance (care) agreement and the inheritance agreement, they will have to be terminated or recognized as invalid or unfulfilled by the acquirer, so the property that was the subject of this agreement will be inherited by law. At the same time, if the terms of these agreements are fulfilled, the part of the property that belonged to the testator will not be inherited but will become the property of the acquirers.The process of accepting the inheritance is quite long, and the inheritance law allows for several agreements between the heirs, which can significantly affect the size of the inheritance shares and the real things in each share in the inheritance. Therefore, it is necessary to analyze the possibility of agreements between the heirs at different stages of accepting or not accepting the inheritance. From communication with one of the clients, the author learned that the notary unofficially advised the heirs to agree on the distribution of the inheritance, as well as for certain heirs to waive the right to inheritance, but to receive a proper share of the inheritance in household items. When the author was informed of all the circumstances of the inheritance case, it became clear that the notary could not solve the complex inheritance problem, since the inheritance took place based on a will and some heirs had the right to a mandatory share, as well as part of the property remained. So, in such a situation, it was necessary to solve an arithmetical and at the same time legal problem, the complexity of which was determined by the complex subject composition of numerous heirs. Therefore, the notary tried to simplify its solution by artificially «transforming» the heirs who have the right to a mandatory share into ordinary heirs who claim property that is not subject to recording in the certificate of the right to inheritance.A natural will was considered, when the testator bequeathed the specific property to each of the heirs, namely: a house to a daughter, a factory to one son, and a yacht to another let’s say. In such a case, the will of the testator is formulated in the Shodo of the objects of inheritance, so it is difficult to perceive the consequences of the refusal of one of the heirs to inherit, when the yacht will be divided into equal shares between the son and the daughter, because: firstly, the value of the factory and the house will be different, so someone from the testator gave the children a larger inheritance than the other. Secondly, in the case of the existence of a part of the inheritance not covered by the will, it can be assumed with a high degree of probability that the will of the testator was formulated about a certain property and nothing more. Therefore, in case of refusal of one of the heirs to inherit under the will, the property bequeathed to him should be considered as not covered by the will and should be inherited according to the law. That is, if the will of the testator regarding the entire property is revealed, it can be assumed that he thus intended to deprive one of the heirs of the right to inheritance.At the same time, the will must be interpreted not only by the heirs under the will but also by the heirs under the law, when its content concerns the right to a mandatory share in the inheritance, which belongs to the heirs under the law of the first rank, who due to incapacity have the right to claim it, as well as the recipients of the response. With a high degree of probability, it can be assumed that the inheritance, which consists of household items, will be divided even without a written agreement. However, the interpretation of a will, which concerns a substantial inheritance between a significant number of heirs, requires not only a written form of recording of agreements – a contract, but also, in our opinion, a notarial form that will allow recording the agreement more reliably, to explain to the parties to the contract the consequences of its conclusion. If all interested parties sign the agreement, and the notary recognizes it as legal, then it will be difficult to recognize it as illegal or invalid in the next one. Therefore, the agreement on the interpretation of the will, which will establish the specific rights of the heirs and their obligations regarding the coverage of the testator’s debts, is a rational form of specification of the terms of the inheritance, which will allow establishing the executor of the will, if he was not determined by the testator.We can assume with a high degree of probability that similar «simplified calculations» are made by other notaries, as well as directly by the heirs, and certain agreements are not necessary here.

Non-consensual image sharing is a 21st-century concern at the intersection of some of the most difficult challenges of our time: sexual trauma, victims’ rights, internet privacy, and free speech. Also known as non-consensual pornography, technology-facilitated violence, and revenge pornography, the phenomenon occurs when sexually explicit, nude or semi-nude photos are distributed without the consent of the individual pictured. This chapter explores non-consensual image sharing research and discusses trends as well as future questions that have yet to be answered about the pervasiveness of this problem. It is asserted that research on the impact of cyber sexual exploitation on victims is needed, as are initiatives that integrate victim resources, tools for law enforcement, and technical resources to identify and remove content.

This chapter examines the law governing sexual offences found in the Sexual Offences Act 2003, focusing on non-consensual offences. Some of the controversies examined include the following: Parliament’s failure to define core elements of the offences, such as ‘consent’ and ‘sexual’ and the attempts by the courts to fill these lacunae; whether a deception perpetrated by the defendant necessarily vitiates the complainant’s consent; and the overly wide breadth of some of the offences.

This chapter examines the law governing sexual offences found in the Sexual Offences Act 2003, focusing on non-consensual offences. Some of the controversies examined include the following: Parliament’s failure to define core elements of the offences, such as ‘consent’ and ‘sexual’ and the attempts by the courts to fill these lacunae; whether a deception perpetrated by the defendant necessarily vitiates the complainant’s consent; and the overly wide breadth of some of the offences.

This concluding chapter summarizes the Evidential Account that is comprised of the Interpersonal Justification Argument, the Expression of Will View, and the Due Diligence Principle. After elaborating how the account applies, this chapter surveys remaining doubts that we may have about this account. Doubts are inevitable because there is a tension between two attractive thoughts. On the one hand, there is a pull to thinking that a consent-giver should be able to control the scope of their consent. On the other hand, there is a pull to thinking that the consent-receiver should have epistemic access to the scope of the consent. Since the consent-giver may fail to control the epistemic access of the consent-receiver, these thoughts cannot be fully reconciled, and so any account will miss out on something attractive. After discussing how the Evidential Account responds to this tension, this book ends by revisiting the topic of sexual deception. The Evidential Account entails an expansive view of sexual misconduct in so far as the account implies that many sexual deceivers engage in non-consensual sex with their victims.

The chapter summarizes the main policy recommendations of the book: The harm from non-consensual intimate images (NCII) is caused also by platforms and viewers who should both be liable for breach of the claimant’s privacy. The harm from NCII is exceptional so liability should not necessarily be imposed for harm from other user generated content. In reality, hosts and viewers sell and buy the claimant’s images without the claimant’s consent, so they should be strictly liable for the ensuing harm, as those who sell and buy stolen chattel are liable to the original owner. Platforms should actively filter out non-consensual intimate images, regardless of their size. Similar to defences to criminal responsibility for child pornography, promptly deleting unsolicited NCII should prevent civil liability. Liability of each viewer should be to a significant amount, but should not extend to the entire loss.

Abstract Property is perhaps the most fundamental area of the common law. It is also basic to economics in that property rights are essential for exchange. In this chapter and the next, I develop an economic analysis of property law. This chapter focuses on the legal protection of property rights, the transfer of property rights between private individuals (both voluntary and involuntary), and the law with regard to incompatible property rights (or externalities). I begin the analysis with the fundamental distinction between property rules and liability rules, which forms the basis for much of the economic analysis of property. The key to the distinction is the interaction between consent as the basis for mutually beneficial exchange and the transaction costs associated with obtaining consent. Consensual exchange is governed by property rules, and non consensual exchange is governed by liability rules. Thus, property rules ensure that exchanges are Pareto-efficient (i.e., both parties are made at least as well off), but if transaction costs are high, they may preclude some efficient exchanges from being completed. In that case, liability rules can facilitate exchange by removing the requirement of consent and replacing it with a coerced exchange according to terms set by the court.

Introduction: Ultra young women (UYW) is defined as women aged up to 30 years. UYW with BC share some unfavorable biological tumor characteristics as larger size at diagnosis, higher loca-regional recurrence rate and lower survival, and have been merited specialized care. Objectives: We aimed to determine histopathological and molecular characteristics of BC in UYW. Methods: We carried out a multicentric, observational, retrospective study of consecutive UYW patients with BC. Only patients with infiltrating BC were included. Nine Mastology Centers located in the State of São Paulo took part in the research. The follow data were recorded: pathological tumor histology, number of positive lymph nodes multicentricity/multifocality, presence or absence of peritumoral vascular invasion (PVI), histologic grade (HG), pT category, estrogen receptor (ER), progesterone receptor (PR), HER2 and Ki67. We classified the neoplasias into five molecular subtypes by immunohistochemistry, based on modified recommendations of St. Gallen Consensus (2013): Luminal A-like, Luminal B-like HER2-, Luminal B-like HER2+, HER2 overexpressed (HER2+) non luminal and Triple-Negative. The frequency of the analysed parameters were calculated. The research protocol was approved by the Ethics Committee of all Collaborative Centers. Individual informed consent was waived. Results: Invasive carcinoma of no special type (NST) was observed in 243 patients (88%), and infiltrative lobular tumor was extremely rare, being found in 1.1%. The tumor size in surgical specimens was above 20 mm in 54% (in 10% there was no more evidence of tumor after neoadjuvant treatment). We found 52.6% of patients without invasion in lymph nodes (LN) whereas in 22.2% there was more than four LNs involved. Multifocality was seen in 12.4%. HG was 2 or 3 in 98.3%. In 67.5% the tumors expressed ER, 59.4% gR, and 25.1% were HER2+. In 61.5% Ki67 was higher than 20%. Tumor molecular subtypes were classified in 16.6% Luminal A-like, 35.9% Luminal B-like HER2-, 15.1% Luminal B-like HER2+, 9.3% HER2+ non-luminal and in 22.9% Basal-like. Conclusions: Our data from UYW with BC revealed unfavorable characteristics, with frequent adverse pathological and molecular prognostic factors.