London Borough of Southwark v KA [2016]

Key Points in This Case

• Scenario: The case involved assessing a person's capacity to consent.

• Key Considerations: To consent, an individual must understand:

◦ The mechanics of the act

◦ Potential consequences, including pregnancy and health risks

◦ The concept of consent itself

• The court emphasised that for valid consent, a person must be capable of understanding the essential elements related to the act and its implications.

2. Impact and Analysis:

• Capacity to Consent: The ruling outlines the criteria for understanding necessary for valid consent.

• Legal Standards: The case sets a benchmark for evaluating whether an individual has the requisite understanding to consent, influencing future cases on capacity and consent.