Consent
From Wacklepedia - The Free Encyclopedia
Consent (as a term of
jurisprudence) is a possible
justification for breaking the
law. Defendants who use this
defense are arguing that they should not be held
liable for a
crime, since the
actionss in question were taken with the "victim's" consent and permission. For example, if one
signs a
document stating that one is aware of the hazards of
paintball, and that individual is then injured playing the
game; it is possible that the person who
shot said individual, in the
eye, cannot be held liable. Consent has also been used as a defense in cases involving accidental deaths, which occurred during
sexual bondage.
Time (
May 23,
1988) referred to this latter example, as the "
Rough-Sex Defense".
It is an open question as to whether one may consent to giving up the right to not consent to some action. For instance, if someone says "For the next 15 minutes I give up my right to refuse to have sex with you. It is ok if I say 'No' and you go right ahead."
See also Informed consent, Age of consent.