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Assaults may be intentional, though not spiteful: for instance, if an injury results from surgical treatment, the surgeon — provided he was duly qualified — is not liable for damages Tosef.

The problem has always been to decide at what level the victim's consent becomes ineffective. In , a judge in Canada ruled that videos seized by the police featuring BDSM activities were not obscene, and did not constitute violence, but a "normal and acceptable" sexual activity between two consenting adults.

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