Consent Standards Research Articles

Hell yes? Enthusiastic consent as a legal standard for sexual consent

Australian laws around sexual consent have recently begun to shift towards ‘yes mean yes’ standards of affirmative consent. This article examines whether Australian laws should go further and adopt ‘enthusiastic yes’ standards of enthusiastic consent. This article begins by explaining enthusiastic consent and highlighting its strengths as a model of consent, before outlining both the practical and conceptual objections to its use within law. Ultimately, this article finds that whilst enthusiastic consent should not be used as a legal standard for sexual consent in Australia, it nonetheless remains a valuable tool for thinking about sexual consent in non-legal areas such as ethics and education.

Exploring The Impact of Internet of Things (Iot) Technologies on Tax Compliance: Opportunities, Challenges and Policy Implications

The proliferation of Internet of Things (IoT) technologies has revolutionized various aspects of modern life, including business operations and government services. This research paper delves into the intersection of IoT technologies and tax compliance, aiming to elucidate the opportunities, challenges, and policy implications arising from their integration. Through a comprehensive review and analysis of existing literature, this paper seeks to provide insights into the transformative potential of IoT in tax compliance, while also highlighting potential hurdles and offering policy recommendations. IoT technologies offer a myriad of opportunities to enhance tax compliance processes for both taxpayers and tax authorities. The ability of IoT devices to collect real-time data and automate various tasks can streamline recordkeeping, improve accuracy in reporting, and enable proactive compliance measures. For taxpayers, IoT-enabled systems can simplify tax documentation, minimize errors, and provide timely reminders for compliance deadlines. Likewise, tax authorities can leverage IoT data for better monitoring, enforcement, and risk assessment, thus enhancing overall tax administration efficiency. However, the integration of IoT in tax compliance also presents notable challenges. Privacy and data security concerns emerge as paramount considerations, given the sensitive nature of financial information involved in taxation. The vast amount of data generated by IoT devices also raises questions regarding data governance, ownership, and liability. Moreover, the digital divide may exacerbate existing disparities in access to IoT technologies, potentially marginalizing certain segments of the population and hindering equitable tax compliance. In light of these opportunities and challenges, policymakers must carefully design regulations and guidelines to harness the benefits of IoT while mitigating associated risks. Clear standards for data protection, encryption, and user consent are essential to safeguard taxpayer privacy and instill trust in IoT-enabled tax compliance systems. Additionally, implementation of measures to bridge the digital divide and ensure equitable access to IoT technologies, thereby promoting inclusivity in tax compliance efforts. Furthermore, tax authorities need to develop robust frameworks for data governance, encompassing data collection, storage, sharing, and usage. Collaboration between public and private sectors is crucial to foster innovation in IoT-based tax compliance solutions while adhering to regulatory requirements and ethical principles. In conclusion, the integration of IoT technologies in tax compliance holds immense potential to revolutionize the way in which taxes administered and enforced. However, realizing this potential necessitates a holistic approach that addresses technical, legal, and socio-economic considerations. By embracing innovation while safeguarding privacy and inclusivity, governments can harness the transformative power of IoT to foster more efficient, transparent, and equitable tax systems.

‘Saying No’: Frames of Sexual Abuse in Survivors’ Narratives

AbstractUsing qualitative interviews with survivors and activists against sexual violence in the Catholic Church in Switzerland, this article suggests that the expression “saying no” or the idea of “refusal” frames discussions regarding child sexual abuse with detrimental consequences. This discourse is sometimes linked to a restrictive understanding of sexual consent and is applied to children in very asymmetrical relationships, who should be placed outside the scope of sexual consent. Particularly for men who have been sexually abused as children, this understanding of consent is referred to when speaking about sexual abuse. This asks questions about the gender norms influencing the discourse of consent and the challenges of understanding oneself as a victim of abuse. The article argues for a critical examination of the concept of consent and its connection to children and minors. It suggests that it is crucial, as many (feminist) scholars in different fields have argued, to abandon a negative standard of consent (saying no, resisting) in politics against sexual violence and instead focus on the capability to participate in and determine the sexual relationship.

Artificial intelligence and health-related data: The patient's best interest and data ownership dilemma.

The rapid advancement of artificial intelligence (AI) in healthcare has the potential to revolutionize the global healthcare sector and medicine in general. However, integrating AI technologies in healthcare requires access to large amounts of personal health-related data (HRD), which raises concerns regarding confidential personal information considering unregulated and not transparent data ownership. Setting up the patient's welfare as an unquestionable principle, this commentary explores the various ethical aspects of using HRD in AI applications, focusing on informed consent, data ownership, data sharing, financial considerations, accountability, and ethical standards. Three models of potential collaboration between AI-specializing firms and healthcare providers are evaluated: the commercial model, the equitable profit-sharing model, and the public-funded non-profit model. Each model has its advantages and challenges, necessitating a careful balance between ethical considerations, financial implications, and technological advancements. Policymakers and healthcare regulators are urged to establish transparent legislation to safeguard patient privacy, ensure informed consent, and promote the responsible use of HRD in AI applications. This commentary emphasizes the importance of addressing ethical issues to protect basic patient rights, foster responsible collaborations, and ensure the ethical use of health-related data in AI-based healthcare applications. While the coexistence of regulated AI and healthcare professionals is inevitable for validating the cost-effectiveness of AI use in healthcare economics, the transparency of HRD sources is deemed of utmost importance in the best interest of the patient.

Abstract PS18-04: Racial disparities in breast cancer and effect of obesity: MammaPrint, BluePrint and whole transcriptome analyses of tumors in Latin American patients in FLEX trial

Abstract Background: Latin Americans are more likely to be diagnosed with aggressive early-stage breast cancer compared to Non-Hispanic White. Multiple factors may contribute to this, including metabolic factors and ancestry. In a previous study, we identified upregulated immune pathway genes in Luminal B tumors from obese Black patients compared to matched White patients. In this study, we report clinical and transcriptomic profiles of breast tumors from Latin and White patients to enhance understanding of factors contributing to aggressive tumor biology in Latin patients. Methods: We matched 311 Latin and 311 White breast cancer patients enrolled in FLEX by age, T stage, N stage and clinical subtype (ER/PR and HER2 status). FLEX (NCT03053193) is a prospective, observational trial that includes stage I-III breast cancer patients who receive MammaPrint (with or without BluePrint) as standard of care and consent to whole transcriptome and clinical data collection. MammaPrint is a 70-gene risk of distant recurrence signature that classifies patients as Low Risk or High Risk. BluePrint is an 80-gene molecular subtyping signature, categorizes tumors as Luminal-, HER2- or Basal-Type. MammaPrint further groups Luminal into A (Low Risk) and B (High Risk). ImPrint is a 53-gene signature that has been shown to predict the likelihood of achieving pCR with PD1-PDL1 immune checkpoint inhibitors. Statistical analyses on groups were conducted using arsenal R package and p-value < 0.05 was considered significant. Whole transcriptome comparisons were made, using limma R package, between Latin and White patients stratified by BluePrint subtype Luminal and weight categories normal (body-mass-index (BMI) 18.5 to < 25) and obese (BMI ≥30). Significant differentially expressed genes had an adjusted p-value < 0.05. Gene set enrichment analysis (GSEA) was conducted using fgsea R package. Results: Latin patients had significantly higher percentage of type 2 diabetes (23.3% vs 8.5%), BMI obese (49.0% vs 39.4%), BluePrint Basal (14.8% vs 9.3%) and ImPrint Immune Sensitive (12.0% vs 5.1%) compared to matched White patients. When comparing whole transcriptome of tumors from Latin and White patients, only tumors stratified by Luminal B and obesity resulted in differentially expressed genes: Latin patients had higher expression (>2-fold change) of 42 immunoglobulin genes compared to White, with only IGKV6-21 being statistically significant. Additional immune related genes such as IKZF1 and AGER, as well as UTS2 (gene encoding a vasoconstrictor agent and contributor of angiogenesis) were significantly upregulated in Latin patients. Upregulation of immune related pathways such as inflammatory response, interferon alpha/gamma response and downregulation of adipogenesis, oxidative phosphorylation and MYC targets were identified in Latin patients compared to White using GSEA Hallmarks gene sets. Conclusion: There were additional clinical and genomic differences between tumors from Latin and White patients, even when controlling for age, T stage, N stage and clinical subtype. Particularly, there were more type 2 diabetes, BMI obese, BluePrint Basal, and ImPrint Immune Sensitive among Latin patients. In addition, transcriptomic differences between obese Latin and matched White patients were found in Luminal B subgroup that may contribute to the aggressive tumor biology; immunoglobulin genes and immune related pathways were associated with higher expression in Latin patients. This study suggests that biological differences in breast tumors, particularly from obese patients, may result from shared background and reflects the need for inclusion of diverse patient groups in clinical trials. Citation Format: Marcela Mazo-Canola, Virginia Kaklamani, Pooja Advani, Sailaja Kamaraju, Alfredo A. Santillan-Gomez, Robert Maganini, Julie Barone, Sahra Uygun, Lavanya Samraj, William Audeh, Joyce O'Shaughnessy, FLEX Investigators' Group. Racial disparities in breast cancer and effect of obesity: MammaPrint, BluePrint and whole transcriptome analyses of tumors in Latin American patients in FLEX trial [abstract]. In: Proceedings of the 2023 San Antonio Breast Cancer Symposium; 2023 Dec 5-9; San Antonio, TX. Philadelphia (PA): AACR; Cancer Res 2024;84(9 Suppl):Abstract nr PS18-04.

What do States Recommend We Teach Adolescents about Sexual Consent? A Content Analysis of K-12 Health Education Standards in the US

ABSTRACT Although universities in the US commonly implement sexual consent education programs for students that focus on understanding how to communicate sexual consent, it remains unclear to what extent sexual consent education is taking place in grades K-12. The goal of this study was to assess K-12 health education standards recommendations for sexual consent education. We conducted a content analysis of health education standards from 43 states in the US to evaluate the guidelines provided to health educators across different grade levels. Using inductive and deductive coding, we identified six themes related to sexual consent. These themes were: 1) defining sexual consent, 2) explaining the legal standard of sexual consent, 3) defining personal space, 4) promoting healthy decision-making, 5) emphasizing good communication skills, and 6) defining healthy relationships. Fewer states directly focused on sexual consent education; instead, they provided information that could indirectly relate to consent, such as discussions on relationships and personal space. Across grade levels, topics related to sexual consent became more prevalent as adolescents progressed through school. While many states’ health standards do not explicitly discuss sexual consent, they may implicitly address consent through other topics. Educators and policymakers should advocate for more explicit and detailed education on sexual consent in the K-12 school system. This could help increase the number of students educated on sexual consent before entering higher education, potentially reducing rates of sexual violence, and promoting healthier sexual behaviors and attitudes.

Informed consent in clinical practice: Old problems, new challenges.

Informed consent is a fundamental tenet of patient-centred clinical practice as it upholds the ethical principle of patient autonomy and promotes shared decision-making. In the medicolegal realm, failure to meet the accepted standards of consent can be considered as medical negligence which has both legal and professional implications. In general, valid consent requires three core components: (1) the presence of mental capacity - characterised by the patient's ability to comprehend, retain information, weigh options and communicate the decision, (2) adequate information disclosure - based on the 'reasonable physician' or 'reasonable patient' standards and (3) voluntariness in decision-making. Nonetheless, in real-world clinical settings, informed consent is not always optimally achieved, due to various patient, contextual and systemic factors. In this article, I herein discuss three major challenges to informed consent in clinical practice: (1) patient literacy and sociocultural factors, (2) psychiatric illnesses and elderly patients with cognitive impairment and (3) artificial intelligence in clinical care, and sought to offer practical mitigating strategies to address these barriers.

The Potential for Information Sharing Between an Electronic Medical Record System and the Moroccan Transplantation and Dialysis Registry: Examining Semantic Interoperability.

Background and aim In 2005, the Moroccan Ministry of Health established Magredial, a registry to track and monitor patients with end-stage renal disease (ESRD), with the aim of improving healthcare outcomes. After achieving initial success, Magredial's activity decreased, leading to its inactivity by 2015. Currently, efforts are underway to revive Magredial's use. The main goal of this study is to investigate the feasibility of data transfer between the electronic medical records (EMRs) of Hassan II Hospital of Fes, Morocco, and the registry by achieving semantic interoperability between the two systems Materials and methods The initial phase of this study involved a detailed review of existing literature, highlighting the importance of registries, especially in nephrology. This part of the study also aims to emphasize the role of semantic interoperability in facilitating the sharing of data between EMRs and registries. Following that, the study's second phase, which centered on the case study, conducted a detailed analysis of the data architectures in both Magredial and the EMR of the nephrology department to pinpoint areas of alignment and discrepancy. This step required cooperative efforts between the nephrology and IT departments of Hassan II Hospital. Results Our findings indicate a significant interoperability gap between the two systems, stemming from differences in their data architectures and semantic frameworks. Such discrepancies severely impede the effective exchange of information between the systems. To address this challenge, a comprehensive restructuring of the EMR is proposed. This strategy is designed to align disparate systems and ensure compliance with the interoperability standards the Health Level 7 Clinical Document Architecture (HL7-CDA) set forth. Implementing the proposed medical record approach is complex and time-consuming, necessitatinghealthcare professional commitment, and adherence to ethical standards for patient consent and data privacy. Conclusions Implementing this strategy is expected to facilitate the seamless automation of data transfer between the EMR and Magredial. It introduces a framework that could be a foundational model for establishing a robust interoperability framework within nephrology information systems in line with international standards. Ultimately, this initiative could lead to creating a nephrologist-shared health record across the country, enhancing patient care and data management within the specialty.

Article: Fragmentation of Community Consent Standard in the Era of Friendshoring and Nearshoring

Recent developments in clean energy supply chain amidst the geopolitical crisis have resulted in the friend shoring and nearshoring measures in the clean energy supply chain. Clean energy supply chain is susceptible to Environment, Social and Governance (ESG) risks, particularly resistance from the local communities against the critical minerals mining/exploration projects, due to policy gaps in the legislative framework regarding the community engagement standard and procedures. In context of friend shoring and nearshoring measures, this gap may get widened in the States with critical mineral resources. The article will track the development of the ESG standards pertaining to community engagement at the multilateral forums and the multilateral stakeholder initiative forums. Moreover, the article will analyse the gaps in ESG performance of the mining sector, particularly parameters of the community engagement. Further, the article will identify issues with the current initiatives under trade and economic cooperation agreements and bilateral investment treaties toward ensuring the community consent standards by extractive industry, specifically the mining of critical minerals for clean energy development. The article will conclude that fragmentation of the community consent standard has resulted in widening of ESG risks for investors and host states in the critical mineral sector. Accordingly, the article recommends that host states frame legislative framework for this sector by balancing interest of local communities with sound business environment for the investors. Friendshoring, Nearshoring, Electric Vehicle, Environment, Social and Governance, Trade Agreements, Free Prior and Informed Consent, Community Consent Standard, Investor State Dispute Settlement.

Meanings and dilemmas of consent communication for sexual minorities

ABSTRACT Research on consent communication focused on the experiences and perspectives of heterosexual individuals, leaving sexual minority individuals potentially vulnerable in their communication with partners. The current study relied on normative rhetorical theory and semi-structured interviews with individuals who self-identified as lesbian, gay, and bisexual. To participants, consent communication meant engaging in a clear, verbal discussion; showing enthusiasm; coming to an agreement; and, consulting with oneself and one's partner throughout a sexual encounter. Participants also shared consent communication dilemmas that were related to the difficulties of defining “sex” in same-sex sexual encounters, heteronormative consent standards, discomfort voicing one's sexual needs, partners who were resistant to sexual communication, and past sexual assault. The discussion reviews key findings, offers possible explanations with directions for future research.

Surgical Written Consent in Aesthetic Plastic Surgery: A Plastic Center Audit of Surgical Consent Standards.

Background Informed consent is a fundamental aspect of modern medical practice that requires effective communication and an ample understanding of medical ethics, patient autonomy, and the legal obligations of healthcare professionals. Maintaining high-quality surgical informed consent is a crucial step in the healthcare process. Thus, we aimed to obtain surgical written consent on abdominoplasty, suction-assisted abdominal dermo lipectomy, and lower body lifting from our hospital database over three months (January to March, 2023) to assess our level across the American Society of Plastic Surgeons (ASPS) system. Results A total of 45 surgical written consents were obtained and 37 consents remained after exclusion. Bleeding, infection, and hematoma were mentioned in more than 80% of our consents. However, important complications such as ileus and umbilical malposition were never mentioned. Overall, the completion rate of written complications ranged from 14% to 56% in comparison to data from the ASPS. Conclusions Our results show a measurable inconsistency in surgical written consents at our center. Thus, establishing a comprehensive and accurate surgical written consent will aid in protecting our center against deficient surgical written consent accusations, improve the experience of patients, and enhance the quality of service provided by our center.

Data professionals' attitudes on data privacy, sharing, and consent in healthcare and research.

Individuals who work on health data systems and services are uniquely positioned to understand the risks of health data collection and use. We designed and conducted a survey assessing the perceptions of those who work with health data around health data consent, sharing, and privacy practices in healthcare and clinical research. A 43-item online survey was distributed via a market research firm to individuals (18+) who work with health data in the United States from March to April 2023. Descriptive statistics were calculated for all variables. Associations with demographic variables were assessed using Pearson's X 2 tests and ordinal logistic regression. Most of our respondents (61.7%) reported that they would trust people to use their health data across various sectors, but more respondents trusted those working in academic medical research (86.5%) and healthcare offices (89.9%) compared to those working in industry (68.2%). Despite this reported trust, a strong majority believed that individuals should have complete control over their health data (97.3%), specific consent should be obtained for each use of their health data (92.0%), and that there should be higher standards of consent and privacy for health records data than other types of data (93.7%). Based on our findings, we might infer that people who work with health data generally trust institutions across sectors to protect their health data. However, many would prefer to have complete control over who has access to their health data and how it is used. These insights should be explored further through qualitative studies.

Surgical informed consent practices and influencing factors in sub-Saharan Africa: a scoping review of the literature

IntroductionCurrent international standards in consent to surgery practices are usually derived from health systems in Western countries, while little attention has been given to other contexts such as sub-Saharan Africa...

When “Yes Means Yes”: Short-Term Effects of an Educational Video on Acceptance of Ideals Related to Affirmative Sexual Consent Among Young Adults

Sexual violence is a prevalent problem impacting college students across the United States. One of the prevention efforts suggested to deal with this concern is to better educate young adults about the ideals of sexual consent. Specifically, many colleges and universities have focused their attention to promote the practice of an affirmative sexual consent standard. Using the theory of planned behavior as the theoretical framework, an experimental study was conducted to test the effectiveness of a short educational video on increasing participants’ acceptance of an affirmative consent standard related to sexual consent, as reflected in more positive attitudes, norms, and greater perceptions of behavioral control related to the enactment of affirmative consent within sexual interactions. Participants were also asked about their endorsement of an indirect approach to sexual consent following viewing of the educational video. Overall results found support for most of the hypotheses, as the findings have practical implications for college health practitioners interested in promoting healthier sexual beliefs, specifically the acceptance of an affirmative consent standard for sexual consent.

A descriptive assessment of the informed consent document used by congenital cardiac surgery centres.

Informed consent for surgery is a complex process particularly in paediatrics. Complexity increases with procedures such as CHD surgery. Regulatory agencies outline informed consent contents for surgery. We assessed and described CHD surgical informed consent contents through survey dissemination to paediatric CHD centres across United States of America. Publicly available email addresses for 125 paediatric cardiac clinicians at 70 CHD surgical centres were obtained. Nine-item de-identified survey assessing adherence to The Joint Commission informed consent standards was created and distributed via RedCap® 14 March, 2023. A follow-up email was sent 29 March, 2023. Survey link was closed 18 April, 2023. Thirty-seven surveys were completed. Results showed informed consent documents were available in both paper (25, 68%) and electronic (3, 8%) format. When both (9, 24%) formats were available, decision on which format to use was based on centre protocols (1, 11%), clinician personal preference (3, 33%), procedure being performed (1, 11%), or other (4, 45%). Five (13%) centres' informed consent documents were available only in English, with 32 (87%) centres also having a Spanish version. Review of informed consent documents demonstrated missing The Joint Commission elements including procedure specific risks, benefits, treatment alternatives, and expected outcomes. Informed consent for CHD surgery is a complex process with multiple factors involved. Majority of paediatric CHD surgical centres in the United States of America used a generic informed consent document which did not uniformly contain The Joint Commission specified information nor reflect time spent in discussion with families. Further research is needed on parental comprehension during the informed consent process.

Informed Written Consent for Emergency and Elective General Surgery at a Model 4 Hospital: A Closed-Loop Audit.

Introduction The objective of this investigation was to conduct an audit of the consent form standards signed by patients before elective or emergency general surgery at our institution. The investigation involved a comparison of these standards with those outlined in the "HSE National Consent Policy 2022" established by the Health Service Executive (HSE) and the Royal College of Surgeons in Ireland (RCSI). In the event of discrepancies, we intended to complete the audit loop by educating general surgeons on the essential standards for obtaining written consent in both elective and emergency general surgical procedures. Methods To assess the quality of patient consent, a pre-interventional phase was conducted over one week. Information was gathered exclusively through electronic medical record systems. Subsequent to the data analysis, an in-person educational session was conducted to enlighten non-consultant hospital doctors (NCHDs) in surgery about the significance of informed written consent and the criteria for lawful consent according to local guidelines established by the HSE and the RCSI. Three months following the intervention, a follow-up cycle was carried out to evaluate whether there were any improvements in the standards of consent. Results In the initial phase, prior to intervention, a total of 95 consent forms were collected. The patient's name, date of birth (DOB), and hospital board number (BN) were accurately recorded in all consent forms. However, only 66% (n=63) were accurately documented without the use of abbreviations or acronyms. Following the intervention, 145 consent forms were gathered. All appropriately indicated the patient's name, DOB, and BN. However, 84% (n=122) of consent forms were correctly labeled without the use of abbreviations or acronyms (p=0.0017). Conclusion This closed-loop review illustrates that the quality of consent can be notably enhanced through a straightforward educational intervention led by NCHDsin general surgery. Such interventions can be instructive, leading to improved consent form documentation. This, in turn, enhances patient safety and helps prevent potential medico-legal repercussions for both healthcare providers and institutions.

FTP8.6 Informed Written Consent for General Surgery in Tertiary Care Center: A Closed Loop Audit

Abstract Aim The aim of the study was to perform an audit of standard consent form in which patients sign prior surgical intervention in our institute. This audit is compared to ‘Code of Practice for Surgeons’ standard developed by Royal College of Surgeons in Ireland. Methods A pre-interventional cycle was conducted to evaluate the standard of consent of patients underwent surgery obtained using electronic records in the Department of General Surgery. This was performed over a period of one week. Following the analysis of collected data, teaching sessions was given to non-consultant hospital doctors (NCHDs) obtaining consent for patients underwent surgical procedure which include colorectal surgery, upper gastrointestinal surgery, breast and endocrine surgery. A post-intervention cycle was conducted to assess for any improvement in the standard of consent. Results A total of 50 consents forms were obtained in the pre-intervention cycle. Patient’s name, date of birth (DOB), patient’s identifier (PID) was correctly labelled in all the consent forms (100%). However, only 38 (76%) consents forms were correctly documented without using abbreviations or acronyms. In the post-interventional cycle, 75 consents forms were obtained. All (100%) consent forms were correctly labelled included patient’s name, DOB and PID. A total of 65 (87%) consents forms were correctly labelled without using abbreviations or acronyms. Conclusion This audit demonstrated that standard of consent can be significantly improved by general surgery NCHDs with virtual education sessions. Intervention like education sessions can be informative and improve the documentation of consent forms to optimise patient safety.

Independent adolescent consent to mental health care: an ethical perspective

ABSTRACT Despite a growing need for mental health services for adolescents, treatment access among adolescents remains poor. Psychologists practicing in the United States are subject to highly variable legal standards for consent and confidentiality of minor clients, which can further suppress treatment accessibility. States permit independent consent for minors according to a wide range of criteria, but whether these criteria are empirically derived remains unknown. Inconsistencies between the law and ethical obligations for psychologists can expose minor clients to harm and force psychologists to make disclosures that violate patients’ rights and ethical standards. These harms may be particularly severe for clients from vulnerable populations such as sexuality and gender diverse youth (SGDY). To prevent ethical dilemmas, psychologists and professional organizations should work toward an empirical understanding of the adolescent capacity to consent to mental health care and use that understanding to promote uniform consent and confidentiality standards.

The psychoanalytic frame and the consent situation: the child patient’s position in the publication dilemma

ABSTRACT The author explores the current dilemma regarding consent standards for the publication of child patient clinical material, and the psychic impact on the child when seeking permission to publish. It is proposed that a psychoanalytic view creates an additional dimension to the more universal ethic of ‘do no harm’, requiring clinicians to consider the unconscious experience of the patient as the core of the matter. The term consent situation is introduced to describe the way in which providing a draft of the clinician’s writing about the patient’s experience in treatment, and then asking the patient and family for permission to publish it, subjects them to external realities of an oedipal nature, compromising the frame around the treatment, and the vital cycle of the containing function in the treatment. The frame could potentially be compromised from the beginning in the form of a leaky container, during the treatment as a betrayal of the frame, or after the treatment has ended as an intrusion into the containing object. The author shows how this is a burden to all young patients that could be collectively carried by the professional community, by using creative modifications to systems of professional development and publishing.

A critical analysis of the standard of consent in rape law in India

This article critically analyses the standard of consent in rape law in India by engaging in a doctrinal analysis of the current jurisprudence. It also analyses various extraneous circumstances influencing the determination of consent in Indian rape law. The article will then assess the status of consent jurisprudence and related issues in the English and Canadian jurisdictions for a comparative assessment. Thereafter, it will critically assess the arguments in favour of an affirmative standard of consent before concluding with possible solutions for better interpretation of the law in determining consent by courts during rape trials in India.