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Sex offenders, consent to treatment, and the politics of risk

Fennell, Philip William Hugh 2013. Sex offenders, consent to treatment, and the politics of risk. In: Harrison, Karen and Rainey, Bernadette eds. Wiley-Blackwell Handbook of Legal and Ethical Aspects of Sex Offender Treatment and Management, Chichester: Wiley-Blackwell, pp. 38-62. (10.1002/9781118314876.ch3)

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Abstract

his chapter examines treatment of sex offenders and consent in the context of the convergence over the last 30 years between the values and legal structures of the penal and mental health systems, and between the legal status of patients and prisoners. It outlines the linkages between the penal and psychiatric systems in Britain. It then examines the association between mental disorder and sex offending and the 2007 reforms that made it easier to use the Mental Health Act (MHA) 1983 to detain offenders and risky non-offender patients on grounds of sexual deviance and risk. This is followed by an examination of the law of consent as applied to detained patients. The penultimate section of the chapter considers consent in relation to those subject to compulsory powers in the community. The chapter concludes by summarizing the role of consent to medical treatment of sex offenders for mental disorder.

Item Type: Book Section
Date Type: Publication
Status: Published
Schools: Law
Subjects: H Social Sciences > HD Industries. Land use. Labor > HD61 Risk Management
H Social Sciences > HN Social history and conditions. Social problems. Social reform
H Social Sciences > HV Social pathology. Social and public welfare
K Law > K Law (General)
Publisher: Wiley-Blackwell
ISBN: 9781119945550
Related URLs:
Last Modified: 04 Jun 2017 04:32
URI: http://orca-mwe.cf.ac.uk/id/eprint/40643

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