Helaina is a recovering alcoholic. She has been sober for nearly two weeks but regularly feels the urge to consume alcohol. She has told her boyfriend to beat her in the event she consumes any alcoholic beverages. If the boyfriend is charged with a crime may he successfully use consent as a defense?
A) Yes, to rule otherwise would violate the right to privacy.
B) No, this is not one of the three exceptions in which the law recognizes consent as a defense.
C) Yes, due to the intimate partner privilege.
D) No, because Helaina, as an alcoholic, does not have the capacity to consent to such behavior.

Question

Quizplus · Accepted Answer

Consent is not a defense in this scenario because the law only recognizes consent as a defense in specific exceptions, which do not include consenting to harm that results from criminal behavior such as assault.

Helaina Is a Recovering Alcoholic