BOOK I-GENERAL PART
TITLE II-THE ACT
CHAPTER III-CAUSES FOR EXCLUSION OF UNLAWFULNESS AND OF GUILT
Article 38
Consent
1- Besides the cases especially prescribed in the law, consent excludes the act unlawfulness when it refers to freely disposable legal interests and the act does not offend social mores.
2- Consent may be expressed by all means revealing a free, honest and enlightened will of the holder of the protected legal interest, and it can be freely withdrawn until the execution of the act.
3- Consent is effective only if it has been given by someone who is over 14 years old and has the necessary discernment to judge its meaning and range, at the moment it is given.
4- If the consent is not known to the agent, he shall be punished with the penalty applicable to attempt.
Article 39
Presumed consent
1- Presumed consent is dealt with as effective consent.
2- There is presumed consent when the situation, where the agent is acting on, reasonably permits to suppose that the holder of the legally protected interest would have effectively given consent to the act, if he had known the circumstances in which it is committed.
Other defences - national proceedings
EDIT.