Is This The Final Nail In The Coffin For...
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This is completely hypothetical, it hasn't happened (at least not to me):
If someone passed out while drunk, woke up, and found they had had a tattoo of a profanity done on their forehead, and later got hold of video evidence showing someone doing it, could that person be charged, and if so with what?
No best answer has yet been selected by Andy008. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.miss zippy I am afraid you are wrong. Consent is a defence to assault. What about tattooing on a conscious person, boxing, rugby, ear piercing etc etc etc. If you think about it the worse possible assault would be what a surgeon does. Hence the patient signs a formal agreement prior to the operation.
Further any indecent assault (any assault accompanied with any act of indecency) and most definately rape is solely based on the consent issue.
The only other defence to any assault is self defence. There used to be legal chastisement but this is no longer valid.
I would say that the hypothetical question would probably come down to the most serious assault known as a Sect 18 or 20 wounding (with intent). They have the same degree of injury (that is permanent and serious) than GBH but there has to be an intent.
With GBH, ABH and common assault (beating or battery) there doesn't have to be intent. Recklessness or "transfered malice" could suffice.
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