The criminal code also states that “any force used against another person without his or her consent is considered assault”. When spanking a child, their consent is not asked for, therefore meaning that spanking a child is a form of assault. Children also are not fully mature and cannot decide when correctional force crosses the line becoming assault. We need to protect our young not discriminate against them. Section 43 is not justifiable under section 1 of the Charter.
If he is not able to give any consent or process any information, because he is 18 years of age here the NSW Guardianship Act comes and decides who can give consent on behalf of Timothy which can be parents or guardian. The doctor needs to give the NOK information about the health problem and treatment options. They should not give consent unless they are satisfied that the treatment is a good idea and in the interests of the patient. If there is no person responsible available, the case goes to the Guardianship Tribunal. Sometimes the doctor does not need any consent and can do minor surgeries or treatments but only in EMERGENCY
The risk factors that may cause a child’s behavior to deter are “family functioning, peer behavior, school performance, and neighborhood characteristics that precede and potentially lead to delinquency” (U.S. Dept. of Justice, 2004). Researchers’ studies have also noticed that child maltreatment such as physical abuse, sexual abuse, or even neglect is a risk factor of delinquency in juveniles. “While prior studies have made important contributions to the literature, they do not explicitly take adolescent maltreatment into account” (U.S. Dept. of Justice, 2004).
Lets face it, kids make mistakes and I think the age for adult prosecution should hinder on the severity of the crime. Any age should understand murder isn't ok. So ultimately, I think it depends on the age. If a 16 year old robs a candy store than he should be given a second chance and be treated as a juvenile. If a 16 years old commits first degree murder than they should certainly be treated as an
Consent can be a defence to all non-fatal offences and possibly even to homicides, however a person cannot consent to their own death. In the majority of cases, it is assumed that all physical contact is an assault unless a specific defense is applied, whereas the minority state that you cannot consent to an assault. The approach differs depending on the theme of consent that is being investigated. In cases relating to sexual activity and sadomasochist behavior, the law tends to take a more paternalistic approach protecting individuals from themselves, as seen in Boyea where it was held that the victim could not possibly consent to such serious harm, even though she consented to the original act. However when it comes to married couples there seems to be a more laissez faire approach as illustrated in the case of Wilson where a husband branded his initials onto his wife’s buttocks, yet it was held that sexual activity between husband and wife in the privacy of their own home is not matter for criminal investigation.
The Care Quality Commission (CQC) outlines regulations, guidance to try and prevent abuse taking place, abuse issues are also highlighted in the Mental Capacity Act 2005. The Protection of Vulnerable Adults scheme was introduced by the Care Standards Act 2000 (now the Essential standards). It aims to ensure that no one is allowed to work in the care sector if they have ever abused neglected or otherwise harmed vulnerable adults in their care or placed them at risk. The Sexual Offences Act 2003 makes it an offence for those engaged in providing care, assistance or services to someone with a learning disability or mental disorder to engage in sexual activity with that person whether or not that person has the capacity to
Some ethical dilemmas within the criminal justice system are the rights of the individuals versing the rights of the common good. An example of this would be smoking in public places. This becomes an ethical dilemma because although is it legal for individuals over the age of 18 years of age to smoke, non-smokers want to free from the effects of second hand smoke. Another example would be that of sex offenders. Those that commit an act of sexual abuse against another person have to by law register as a sex offender.
Behavior progressed into adolescence when offending begins iv. Develop into offending adults with distorted views 1. From not being told it was wrong 2. That sex with children is acceptable 3. That it can be pleasurable for both parties iii.
It is of key importance yet before this year, there was no statutory definition of "consent" in New South Wales. Indeed, New South Wales is the only State without a statutory definition of "consent". The previous approach to consent was widely criticised on the basis that it allows an accused with an honest but unreasonable belief in consent to escape conviction. NSW now joins NT, WA, Queensland and Tasmania in an objective approach to consent which is defined simply as “free and voluntary agreement to sexual intercourse”. The Crimes Amendment (Consent—Sexual Assault Offences) Bill 2007 (NSW) labelled the “no means no” Bill changes the law of consent in sexual assault cases.
(APA 1) Because of facts like this, it is important that adolescents are taught how to protect themselves. They need the knowledge of how to practice safe sex, and abstinence-only education does not teach that. In a comprehensive model of sexual education, adolescents learn how to use condoms, about contraceptives, and how to practice safe-sex. In an abstinence-only model, adolescents are not taught this information. They are taught that sex is simply to be saved for marriage between one man and one