Talk:Consent (criminal)

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Removed the line "Rather, the disease was inflicted because the carrier knew the partner would not consent had she been aware of the disease" from the section on sexual transmission of disease as I can't see anything in the judgement that supports this. They gave evidence that they would not have consented, but did he know this? Lovingboth 12:37, 24 April 2006 (UTC)

[edit] Where do professional sports fall in this discussion

While we could discuss American football, soccer, hockey or even basketball, lets take the most obvious example, professional boxing.

If a boxer strikes his opponent in the face with the intent to bruise the brain and cause unconsciousness, is that boxer liable for assault?

If so why are all winning boxers not prosecuted, and if not, why not under existing law?

Tracy

Several legal treatises from England and the 19th century deal with this specifically in regards to dueling. First, no one can consent to an illegal act. Although two participants consent to duel with swords, neither is a legally effective consent because the act is illegal. There is a Latin term for this, but it escapes me at the moment. Because fighting is illegal, boxing matches require a license from the state. This absolves liability from the participants and spectators. Second, consent may be to a particular form of assault. A football player may imply consent to a tackle because of an agreement to play by the rules of the game, but would not consent to a punch after a play. The law discusses these points, and it would be good for the article to expand on them. Legis Nuntius (talk) 16:26, 22 January 2008 (UTC)