This Issues Paper considers the law on consensual assault in Tasmania. It traces the historical development of the law from its common law roots through to its current manifestation in s182(4) of of the Criminal Code.
The Issues Paper contends that some aspects of s 182(4) lack clarity and do not reflect current concerns about when the law might appropriately negate consent to assault. The Issues Paper also expresses concern that the Code provision reflects an outmoded view of when consent should or should not operate as a defence to assault and leaves those who are particularly vulnerable to violence in the home outside the protection of the law.
The TLRI seeks feedback on the desirability of, and options for, reforming the law on consensual assault.