Consent

Question 1

when can the defence of consent be relied upon?

Answer 1

always in relation to common law assault

it cannot be relied upon where ABH/GBH has been committed, with the exceptions of:
o surgery;
o dangerous exhibition (i.e. circus);
o sport with the rules;
o ear piercing and tattooing;
o horseplay

Question 2

when can consent never be relied upon?

Answer 2

sadomasochism & body modification (i.e. tongue slit)

Question 3

what are the conditions to be able to rely on this defence?

Answer 3

Consent must be:
 freely given
 fully informed &
 given by a competent adult

Not valid if obtained fraudulently (inc. identity or nature/quality of act)