Lubaale, Emma Charlene (2026) Relational autonomy and consent in cases of serious harm. International Journal of Law, Crime and Justice, 85:100857. pp. 1-13. ISSN 1756-0616 (Print), 1876-763X (Online) (doi:10.1016/j.ijlcj.2026.100857)

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Abstract

This article advances an original principled framework for integrating relational autonomy into English criminal law’s treatment of consent in cases of serious harm within intimate relationships - a context where relational autonomy remains doctrinally underdeveloped and normatively unarticulated in judicial reasoning. It critiques the liberal legal model’s assumption of atomistic and rational agents, demonstrating how this paradigm fails to consider the relational, contextual, and structural factors such as dependency and vulnerability, that shape individuals’ capacity to consent within intimate relationships. Through a rigorous doctrinal analysis of Martin Hobday v The King (2025), the article systematically conceptualises relational autonomy and operationalises its principles in cases of serious harm. It develops four pathways for embedding relational autonomy in judicial reasoning - contextualised consent analysis within existing precedent, incorporation of relational evidence, relational statutory interpretation, and sentencing – thereby offering a structured methodology for normative integration and principled justification for rejection of consent. This contribution addresses a critical gap in autonomy scholarship and criminal law theory by moving beyond abstract philosophical engagement to develop a coherent, actionable and principled framework for embedding relational autonomy within judicial reasoning. The article’s implications extend to other crimes and global debates on autonomy, consent, and vulnerability, positioning relational autonomy as a lens for adjudicating harm in intimate relationships.

Item Type:	Article
Uncontrolled Keywords:	relational autonomy, consent, English criminal law, intimate relationships, serious harm
Subjects:	H Social Sciences > H Social Sciences (General) K Law > K Law (General)
Faculty / School / Research Centre / Research Group:	Faculty of Law, Arts and Social Sciences Faculty of Law, Arts and Social Sciences > School of Law and Criminology
Related URLs:	Publisher
Last Modified:	05 May 2026 10:19
URI:	https://gala.gre.ac.uk/id/eprint/53332

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