The law states that V must have a full understanding of all the circumstances and risks in order for consent to be considered 'genuine', however this has been inconsistently applied. The Vs in R v Richardson were not aware that their dentist had been struck off the register, and continued to receive treatment from him, but the courts decided that they had consented. Contrariwise, D in R v Tabassum had never been a qualified medical professional, and so the courts decided the Vs in this instance had not consented.
In their Consultation Paper 134, the Law Commission concluded that V should be able to consent to anything as long as the injury was not intended to be serious, and if the action does not infer that serious injury could occur.
In their 2000 report 'Consent in Sex Offences', the Law Commission proposed a statutory definition of consent, that is "a subsisting, free, and genuine agreement to the act in question, express or implied, and evidenced by words or conduct, whether present or past". This would stop the genuineness of consent being inconsistently applied because it would make the defence more objective and therefore less open to judicial interpretation. However, this report was from 2000 so it is unlikely that such a change would be implemented any time soon.
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