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Criminal law — indecent assault — elements — consent — whether a defence — D appropriate charge where complainant consented to act.
Consent on the part of the complainant is a defence to a charge of indecent assault, where the complainant was over the age of sixteen years and bodily harm was not occasioned, intended or likely to be caused by the accused's act. In such cases involving unnatural sexual acts between males, other than sodomy, it may be appropriate to charge the commission of an unnatural offence. Quaere, whether an unnatural offence was committed in the circumstances of the present case, the facts of which appear from the judgment.
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