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Effective Consent

By Baker Associates

Effective consent is a term used by Tennessee law that allows a person who is charged with causing or threatening to cause bodily injury to another person to use as a defense the fact that the alleged victim effectively consented to the conduct. This defense is allowable under Tennessee law where the conduct in question did not actually cause or pose the risk of serious bodily injury or where the conduct and the harm involved were reasonably foreseeable hazards of any kind of planned or arranged activity not forbidden by law. For example, if Steve decides to play tackle football with his friends he can?t later go to the police and report that his friend assaulted him by tackling him and causing him injury. This is so because under the principle of effective consent, being tackled and injured as a result is a reasonably foreseeable consequence of playing tackle football...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on June 28, 2010 (boomark / email).