This section states the general view that the victim's consent to the defendant's conduct, or to the result of the defendant's conduct, is a defense if it negatives an element of the offense (e.g., consent to sexual intercourse on charge of rape) or precludes the harm or evil sought to be prevented by the law defining the offense (e.g., consent by the victim to allow the defendant to demonstrate a wrestling hold or maneuver upon the victim). It is obvious that this general principle should not be extended to all types of evils or harms and therefore this section is intended to be read in conjunction with §702-234 (consent to bodily injury) and §702-235 (ineffective consent).

Although this general principle has not been previously codified in Hawaii, it has been impliedly recognized.[1]

§702-233 Commentary:

1. Territory v. Lee, 29 Haw. 30 (1926) (where a bank teller mistakenly paid out too much money on a check, it was held that the teller's mistake was not "consent" to the taking which would afford a defense to a charge of larceny).