What is the test for determining consent given by a patient to a physician in a sexual assault case?

24 As well, I would like to make it clear that the two‑step analytical approach I adopted in Norberg v. Wynrib, supra, cannot be unthinkingly applied in the context of a charge of sexual exploitation. That case is distinguishable from the case at bar, in that the whole argument there revolved around the validity of consent given by a patient to sexual relationships entered into with her physician. The legal context was very different, since unlike the situation here, the validity of the consent was relevant, the question having been raised in the context of civil proceedings for the tort of battery.