Can you Consent to being Assaulted?
The definition of assault is when a person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person’s consent, or with the other person’s consent if the consent is obtained by fraud … is said to assault that other person, and the act is called an “assault”
While you can consent to “simple” assault like a game of footy there are some limits. E.g, you can’t consent to serious harm like unlawful wounding, grievous bodily harm, or to be killed.
When dealing with any assault charge, we will always carefully consider whether the police are able to make out the elements of the charge itself.
One of those important considerations is whether there are any arguments about consent that might be raised in response.
If you need to discuss any specific circumstances of consent and assault, don’t hesitate to reach out, we are always happy to help.
