 If a line has to be drawn, as I think it must, to be workable, it cannot be allowed to fluctuate within particular charges and in the interests of legal
certainty it has to be accepted that consent can be given to acts which are said to constitute [ABH] and wounding.My conclusion is thus that as the law stands, adults can consent to acts done in private which do not result in serious bodily harm...[Here]...it must be
proved by the prosecution that the person to whom the act was done did not consent to it.Accordingly I consider that these appeals should be allowed and the
conviction set aside.