Assualt and the law – some references…

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Some reference for the future….

“Here the court held that “consent of the victim is not generally a defense to assault or battery, except in a situation involving ordinary physical contact or blows incident to sports such as football, boxing or wrestling.” The court continued, “It is a matter of common knowledge that a normal person in full possession of his mental faculties does not freely consent to the use, upon himself, of force likely to produce great bodily injury,” (250 Cal. App. 2d 501, 513-14; 58 Cal. Rptr.439, 447). Rubin points out the implications of this logic: “anyone who would consent to a whipping would be presumed non compos mentis and legally incapable of consenting. S/M sex generally involves a much lower level of force than the average football game, an results in far fewer injuries than most sports. But the court ruled that football players are sane, whereas masochists are not,” – source