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May 28, 2026Modern Law Review0 citationsOpen Access

Consent and Gender‐Based Violence: R v Hobday

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MBMandy Burton

Key Points

  • This note examines the Court of Appeal's decision in R v Hobday and its implications on consent in assault cases related to gender-based violence.
  • Analyzed the Court of Appeal decision in R v Hobday
  • Reviewed existing caselaw on consent and assault
  • Evaluated judicial acknowledgment of victim vulnerabilities in gender-based violence cases.
  • Identified deficiencies in legislative recognition of consent in ABH cases
  • Highlighted the judiciary's failure to address victim vulnerabilities adequately
  • Suggested that the R v Hobday case indicates a need for reform in addressing consent in gender-based violence.

Abstract

This note analyses the Court of Appeal decision in R v Hobday in the context of the longstanding but controversial caselaw on the relevance of consent to offences of assault occasioning actual bodily harm (ABH) or above. It considers whether the vulnerabilities of victims of gender‐based violence are adequately recognised by the judiciary in an area where legislation, it is argued, has fallen short.

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Cite This Study

Mandy Burton (2026) studied this question.

synapsesocial.com/papers/6a17dbe93fad632b0f9d8a16https://doi.org/10.1111/1468-2230.70042
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Vitiating Consent for Sexual Assault Causing Bodily Harm: Should Jobidon Apply to Sexual Activities?2025
  2. 2Jonathan Herring and Sorcha McCormack: Shifting the Spotlight in the Law of Rape: The Responsibilities of Penetration2026
  3. 3Giving Meaning to Consent at the International Criminal Court and Beyond: A (Qualified) Defence of Consent2023 · 2 citations
  4. 4Examining BA v The King : Can a ‘home’ provide security from domestic violence?2024
  5. 5Practitioner Views on Defining ‘Honour’‐Based Abuse: A Focus on Atypical Cases2026