Consent, Sex and the Law (LAWS90319)

We delve into important concepts such as consent, belief in consent in the criminal law and the concept of unwelcomeness in the civil law, analysing how these principles are interpreted and applied in contemporary legal practice. We take an interdisciplinary approach, integrating legal theory with practical application, allowing students to gain a robust understanding of both the theoretical underpinnings and real-world implications of these legal concepts.  

Students will engage with recent legal developments, high-profile cases, and the evolving societal attitudes towards sexual misconduct, particularly in light of movements like #MeToo. The subject is designed to equip students with the analytical tools needed to navigate and influence this dynamic and socially significant area of law. 

Please note - because our subject addresses sexual crimes, misconduct, harassment and other potentially inappropriate sexual conduct, some topics and material covered in classes and in the readings may be confronting or distressing.  

Intended learning outcomes

A student who has successfully completed this subject should be able to: 

• Critically analyse and evaluate the central principles of the law regulating sexual conduct in both criminal and civil contexts;
• Synthesise and apply those principles to complex practical situations;
• Interrogate and assess the social and legal complexities involved in the regulation sexual conduct; and
• Interpret and analyse how the law has developed and continues to develop in this area, reflecting on the implications for law and society.

Generic skills

• The analysis and application of legislation;
• The identification of the ratio of authorities;
• The capacity to weigh differing judicial and legislative approaches to a problem; and
• The capacity to evaluate legislation and judicial decisions in a dynamic social context.