No. A battery is a willful and unlawful use of force or violence upon the person of another. Consent to force or violence would make the conduct lawful. Consent can definitely be an issue in the prosecution and defense of many criminal cases. There are some crimes where consent is a key factor, as in common law rape or theft. There are other crimes where consent is a non-factor, like statutory rape, as in some instances, a person's consent is not legally recognized . When prosecuted for battery, consent can be used as a defense within certain parameters. Clearly, the context of the touching has relevance to the situation. If two people are playing basketball, there is an implied consent that touching can occur, at least within the confines of the rules of the game. A very good example of very dangerous and violent touching is mixed martial arts. In this context, the touching that occurs would be a serious criminal offense if not consented to within the rules and regulations of the sport.
Can couples in a domestic relationship consent to violent touching? Wrestling? Violent sex? Punching one another? Can a wife grab her husband's arm if he is drunk and wants to drive a car? The answer is never clear. Many issues need to be addressed: reasonableness in the context, whether the consent is ever withdrawn, history of the relationship, etc. There may also be other defenses in these scenarios. Many of the situations that arise in life are very complex, and that is one reason to retain competent counsel. Competent counsel will listen to the entire situation and take the time to investigate, think, and explain the situation to the other side, or the trier of fact.
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit georgeforjustice.com for help.
No comments:
Post a Comment