January 25, 2013
Grant on Consent by the Civilly Committed
Isabel Grant (University of British Columbia - Faculty of Law) has posted 'The Normal Ones Take Time': Civil Commitment and Sexual Assault in R. v. Alsadi ((2012), 24:2 Canadian Journal of Women and the Law 439-457) on SSRN. Here is the abstract:
This comment addresses the issue of whether a woman who is civilly committed in a psychiatric facility can ever give a valid consent to sexual activity with someone employed by that facility to ensure her safety and protection. The paper argues that such a consent would be involuntary and invalid because it was obtained as a result of an abuse of a position of trust. It is argued that the imbalance of power between a civilly committed psychiatric patient and, in Alsadi, a security guard employed by the hospital is so significant that no meaningful or voluntary consent can be given by the woman involved.
January 25, 2013 | Permalink