Allen v. State

OPINION

It is a defense to the offense of simple assault that the victim effectively consented to the offender’s assaultive conduct or that the offender reasonably believed that the victim consented, at least so long as the conduct did not threaten or inflict serious bodily injury. 1 When evidence at trial raises the defense of consent, “the court shall charge [the jury] that a reasonable doubt on the issue requires that the defendant be acquitted.” 2 In the instant cause, involving a prosecution for simple assault, the trial court concluded that the evidence raised the defense of consent and…