Score and Pierce: Crimes of Fashion? Body Alteration and Consent to Assault

Abstract

Body alteration and body adornment practices are becoming increasingly popular and varied in form.  However, these activities constitute a prima facie assault by the body alteration artist on the recipient.  Many activities, such as organised sport and surgery, are recognised as legal "exceptions" and consent is available as a defence to an assault charge.  Tattooing and ear piercing are activities included within the recognised "exceptions".  These are also forms of body alteration.  The issues explored in this article are whether less mainstream forms of body alteration should be similarly considered a legal "exception". This article examines the current legal framework of consent to assault in sport, dangerous exhibitions, surgery and sado-masochism, and its application to body alteration.  It is concluded that the creation of a separate "exception" category for body alteration is the appropriate legal response.  In addition, to minimise health risks associated with body alteration it is suggested that the activities of body alteration artists be subject to government regulation.