An updated consideration of consent and positions of trust
Consent in abuse claims has long been a controversial and difficult subject to broach. Many organisations have been criticised for raising the issue.
Consent in abuse claims has long been a controversial and difficult subject to broach. Many organisations have been criticised for raising the issue. The CICA for example, has been challenged for its use of this in refusing to make payments to the victims of sexual abuse (see our previous article 'Child sexual abuse and issues of consent in a 21st century world' here).
Helpfully, in most situations, the position is clear. For example in civil claims, the court has made it clear that consent can be vitiated by grooming behaviour prior to a victim turning 16 (JL v Archbishop Michael George Bowen and The Scout Association). Similarly, in criminal cases, the Sexual Offences Act 2003 makes it clear that for certain individuals in a position of trust, such as teachers and carers, the legal age of consent is extended to 18 for those entrusted to them.
It is perhaps then surprising that other individuals in a position of trust, are not similarly regulated by the legislation. Sports coaches are in the news a lot at the moment as one unregulated profession. They may have much more one-to-one interaction with a child than say, their teachers, who are regulated by the 2003 Act.
Given the approach taken by the Civil Courts in similar cases, it is helpful to see that legislation now looks to be amended soon to follow suit. Proposed amendments to the 2003 Act will clarify the relationships in which consent simply cannot be given.
For those defendant organisations facing civil action, it continues to be just as important as ever to take into account the relationships between a victim and their abuser and the behaviour which may have preceded that abuse.
Contact
Laura Broadhead
Senior Associate
laura.broadhead@brownejacobson.com
+44 (0)115 908 4818
Related expertise
You may be interested in...
Legal Update
The Assisted Dying Bill: What health and social care professionals need to know
Press Release
Browne Jacobson supports Welsh Government with key investments into Morlais tidal power project
Legal Update
Consultation on the new School Support Staff Negotiating Body
Guide
KCSiE 2025 guidance: What schools need to know
Published Article
‘What if…?’: How the ‘FirstRand’ commissions case could affect insurance: Part 3: Duties, liability and remedies
Legal Update
What does the 10-year health plan mean for social care?
On-Demand - Care Focus webinar series
Care Focus: Critical incident - Reflection
Guide
Inquests: How wide should the scope be? The coroner’s decision
Legal Update - Employment Rights Bill
The Employment Rights Bill: Is it here yet?
Legal Update
June 2025: A busy month for kinship care
Legal Update - The Word
The Word, June 2025
Opinion
AI: An unknown risk for life insurers
Legal Update
As FOS frustration grows, a judicial review offers hope
Legal Update
Fires caused by lithium-ion batteries on the rise
Opinion
Silent AI threat to insurers: Don’t leave it to chance
Legal Update
Dual insurance: Are your wordings up to scratch?
Legal Update
National inquiry into child grooming: What does this mean for insurers?
Legal Update
A new planning bill for Wales: What will this mean?
Legal Update
PuFin takes flight: Homes England launches new bank
Opinion
Pride Month: A time to review DEI
Guide
Legal project management: A cornerstone in operational delivery of inquiries
Legal Update
Navigating legal realties for new councillors
Legal Update
Analysis: National audit on group-based child sexual exploitation and abuse (June 2025)
Press Release
Browne Jacobson comments on the government's 10 year infrastructure strategy
Opinion
Employer redundancy guide: Sourcing alternative employment
Press Release - Firm news
Browne Jacobson delivers record-breaking growth as strategic vision drives exceptional performance
Published Article
‘What if …?’: How the ‘FirstRand’ commissions case could affect insurance: Part 2: The regulatory dimension
Legal Update
What might the public inquiry on child sexual exploitation look like
Guide
InsurTech explained: How technology is revolutionising insurance
On-Demand - Shared Insights
Shared Insights safeguarding forum: Focus on self-neglect
Legal Update
ESG and sustainability report: Rethinking communication and credibility
Legal Update
Producing robust capacity assessments and the approaches to assessing capacity
On-Demand - Care Focus webinar series
Care Focus: Critical incidents and managing risks
Published Article
‘What if …?’: How the ‘FirstRand’ commissions case could affect insurance (Part 1)
Legal Update - Public matters newsletter
Public matters: May 2025
Legal Update - The Word
The Word, May 2025
Legal Update
The FCA proposes removal of mandatory CPD hours for insurance sector
Legal Update
PFAS exclusions: Are your exclusions robust enough?
Legal Update
AI hallucinations cover launched in first wave of new insurance products for AI
