Decided: December 16, 1977.
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
REGINALD BROWN, DEFENDANT-APPELLANT
Matthews, Crane and Antell.
[154 NJSuper Page 512]
We affirm the judgment of the Law Division substantially for the reasons expressed in Judge Bachman's opinion which is reported in 143 N.J. Super. 571.
In affirming, we note that defendant was charged with and convicted of atrocious assault and battery, a high misdemeanor. N.J.S.A. 2A:90-1. Thus, this case does not involve a simple assault and battery either in the civil (common law) or disorderly persons (N.J.S.A. 2A:170-26) sense. We find no necessity, under the present circumstances, to decide whether consent of the victim might constitute a complete defense to the latter situations. We do agree with Judge Bachman, however, that a victim cannot consent to the infliction of an atrocious assault and battery on his person and thus effectively bar the prosecution of his attacker.