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Difference between revisions of "Other Consent Issues in Residential Care"

From Clicklaw Wikibooks
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The Court emphasized that jurisprudence has consistently interpreted consent as requiring a conscious, operating mind, capable of granting, revoking or withholding consent to each and every sexual act. The jurisprudence also establishes that there is no substitute for the complainant’s actual consent to the sexual activity at the time it occurred. It is not sufficient for the accused to have believed the complainant was consenting: he must also take reasonable steps to ascertain consent, and must believe that the complainant communicated her consent to engage in the sexual activity in question.
The Court emphasized that jurisprudence has consistently interpreted consent as requiring a conscious, operating mind, capable of granting, revoking or withholding consent to each and every sexual act. The jurisprudence also establishes that there is no substitute for the complainant’s actual consent to the sexual activity at the time it occurred. It is not sufficient for the accused to have believed the complainant was consenting: he must also take reasonable steps to ascertain consent, and must believe that the complainant communicated her consent to engage in the sexual activity in question.
===Tips to Facilitate Communciation===
Communication can be strengthened by giving explanations in ways best understood by the resident and by using a combination of strategies. These might include:
* Giving verbal explanations.
* Using visual aids and handouts.
* Asking clients for feedback about what they understand.
* Asking clients if they have any questions.
* Engaging any family or friends who are supporting the client to help the client understand.
* Using plain language and age-appropriate terminology.
* Using the services of a qualified interpreter if a language barrier exists.
* Providing information through an alternate mode (e.g., using sign language, speaking in the client's mother tongue).


===Chapter Resources===
===Chapter Resources===
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* the management of the "comfort allowance" or other pocket money.
* the management of the "comfort allowance" or other pocket money.


;Personal Care decisions which specifically relate to residents of long-term care facilities:
;Personal Care decisions which specifically relate to residents of long-term care facilities:
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