Consent
Consent is not strictly a legal defence; however, when consent is proven in various offences it can negate basic elements of the offence. For example, consent can be raised in cases involving assault, sexual offences, and larceny.
1. Consent in Cases of Assault
Proving consent in assault cases can prevent you from being found guilty. If consent is given, you cannot be convicted.
For example, in a contact sport such as rugby, boxing, and AFL.
Another example of consent provided in assault cases could be for surgery or medical treatment within the constraints of what the patient has agreed to undertake.
However, anything beyond the scope of the agreement, or excessive and unnecessary violence beyond the expected use of force in sport can still amount to an assault.
2. Consent in Cases of Sexual Offences
Sexual consent is when people freely and voluntarily agree to engage in sexual activity.
As of June 2022, sexual relations now require parties to specifically seek consent and an affirmation of consent, rather than assuming consent from silence, inactivity, or no objection.
However, times where consent cannot be given despite saying “yes” include altered states of mind such as when intoxicated, asleep, threatened, or manipulated.
3. Consent in Cases of Larceny
You cannot be found guilty of larceny when someone has consented to you taking possession of their property.
However, if the owner does not explicitly give consent and you assume you can take their items or property, you can still be found guilty of larceny. To successfully argue consent was given, it must be explicitly granted from the owner to you, not simply assumed.
The outcome of successfully raising consent is acquittal.