That is pretty much black letter law throughout North America. The injury does have to rise to a certain level, however, e.g. someone can consent to being spanked or caned. They cannot, however, (legally) consent to being flogged bloody - and hence could report that - and in that case there would probably be the factors to "elevate" the crime.oagre said:
What is Assault ?
- Thread starter Ironhead
- Start date
vsailor said:
I can totally see that, but I would hope it depends on how you approach the car. If you are screaming and calling the other driver names and generally acting in a menacing manner that indicates you want to pound the begezus out of the other driver, the other driver could rightly get scared and think you are about to assault them. They might say so to the police. However if you are approaching with a first aid kit in your hand, or your insurance papers and a smile, indicating you just want to speak to the other driver to start the process of confirming injuries, calling tow trucks etc, I assume a cop would not react to a complaint of assault from the other driver.
Aardvark154 said:
i wish this was the case. however domestic abuse victims "consent" to the beating every day. cops cant do shit even if witness reports and visible scars. the victim has to come forward herself to acuse her lover this is extremely hard to do if you think about it.. So in effect, one can consent to the injury, as in the case of domestic violence.
This depends upon the jurisdiction. The Criminal Code does not to the best of my knowledge contain a seperate "Domestic Assault" charge. However, in those jurisdictions that have such, police typically have probable cause to arrest in domestic violence situations if one or both parties show physical signs of having been assaulted this occurs without, sometimes against, the consent of the other party.diane-35 said:
