Criminal Law Code as at 1st March 2007 (ii) able to understand the nature and possible consequences of the conduct and to give informed consent thereto; and (d) the consent is real and is not induced by threat, force, fraud or mistake intentionally or knowingly induced by the person charged with the crime; and (e) the giving of the consent is not contrary to any law or to public policy. (2) Where a person is charged with rape, aggravated indecent assault, indecent assault or any other crime constituted by the absence of consent by another person to any conduct, the fact that the other person consented to the conduct shall be a complete defence to a charge alleging the commission of that crime if⎯ (a) the consent is given prior to the conduct, not as ratification afterwards; and (b) the person who gives the consent is⎯ (i) capable in law of giving such consent; and (ii) able to understand the nature and possible consequences of the conduct and to give informed consent thereto; and (c) the consent is real and is not induced by threats, force, fraud or mistake intentionally or knowingly induced by the person charged with the crime. 246 When consent no defence It shall not be lawful for any person to consent to⎯ (a) being killed; or (b) subject to this Part, the infliction of serious bodily injury upon himself or herself; and such consent shall not be a defence to any criminal charge arising out of such killing or the infliction of such injury. 247 Consent to medical treatment for therapeutic purposes (1) In this section⎯ “patient” means a person to whom medical treatment is given or upon whom a medical operation is performed; “qualified person”, in relation to any medical treatment or operation, means a person who, by virtue of his or her qualifications or training, is in all the circumstances qualified to give the medical treatment or perform the medical operation. (2) Where, in order to cure or alleviate any disease or disability from which a patient suffers or is likely to suffer, a qualified person gives any medical treatment to or performs any medical operation upon a patient⎯ (a) with the consent of the patient; or (b) if the patient is incapable of giving consent, with the consent of the patient’s parent, guardian, spouse or any other person capable in law of giving consent on behalf of the patient; or (c) in the case of a minor to whom section 76 of the Children’s Act [Chapter 5:06] applies, with authority given in terms of that section; - 129 -