rv brown (1994 pdf)

[1] This comes from R v Brown,[2] a House of Lords case in which a group of men were convicted for their involvement in consensual sadomasochistic sexual acts. Consent is, after all, a defence to various criminal acts. My class recently studied Brown and I must say I found it completely fascinating.

Change ), You are commenting using your Google account. I thought I would jump right in with my first post and quickly discuss this infamous case. It should be noted though that this case was in 1994, so just around 21 years ago. Fill in your details below or click an icon to log in: You are commenting using your account. ( Log Out /  Oxbridge Notes uses cookies for login, tax evidence, digital piracy prevention, business intelligence, and advertising purposes, as explained in our ( Log Out /  He was caned, hit and rubbed with a spiked strap, then cut with a scalpel” R v Brown (1992) 94 Cr App R 302, at 305 to 307 (CA). The restriction of autonomy that these men faced, in my opinion, was quite unfair. I don’t think I would be the first law student to admit that cases with gory details tend to be the favourites, and with a powerpoint slide titled BDSM in a law lecture, we were all quite intrigued.

Lord Templeman was very clear in his speech on the “barbarity” of the acts, he even went as far as to say that the consent of these men was “dubious or worthless”…! R v Brown [1994] 1 AC 212 Case summary last updated at 14/01/2020 18:44 by the Oxbridge Notes in-house law team. The facts of  Brown certainly didn’t disappoint, for example: “genital torture, including hitting the victim’s penis with a ruler and holding his testicles with a spiked glove. I feel like this is topic I could go on about for hours, but I don’t want my first post to sound too rant-y, so I shall stop there with just that very quick summary! Map pins were inserted into the buttocks of one of the victims …”, “had his penis nailed to a bench. ©2010-2020 Oxbridge Notes. Case commentary. I will, however, suggest some articles on this topic that I found very interesting, definitely check them out: Weait, ‘Sadmomasochism and the Law’ in: Langdridge, Darren and Barker, Meg (eds.) Oxbridge Notes is a trading name operated by privacy policy. Case summary last updated at 14/01/2020 18:44 by the Safe, Sane and Consensual: Contemporary Perspectives on Sadomasochism. If all the participants were consenting (with the capacity to do so) and not forcing their activities on anyone else, surely that’s okay? The key issue facing the Court was whether consent was a valid defence to assault in these circumstances.Continue reading → I thought I would jump right in with my first post and quickly discuss this infamous case. (See R v Wilson for example where this kind of harm between a heterosexual couple was allowed). Introduction Consensual sadomasochism(SM) constitutes criminal assault in the United Kingdom. They appealed to CA on the basis that the victim of harm consented but CA dismissed their appeals. Change ), You are commenting using your Twitter account. ( Log Out /  6 102 [198l] 2 All ER 1057, hereinafter referred to as Arrorney General’s Reference. My class recently studied Brown and I must say I found it completely fascinating. majority judges in Brown take the former approach as one of the strands of their ~~ 4 (1882) 8 QBD 534. 5 [1934] 2 KB 498. Regina v. Brown [1994], House of Lords 1/16/12 3:13 PM-(The ( Log Out / 

January 20, 2015 January 20, 2015. Basingstoke: Palgrave Macmillan, (2007), Cowan, S ‘The Pain of Pleasure: Consent and the Criminalisation of Sado-Masochistic ‘Assaults’ in Andrew Ashworth and Eric M. Clive Essays in Criminal Law in honour of Sir Gerald Gordon (Edinburgh Studies in Law), English University Press (2010), Tsang, ‘State interference and sadomasochism’ UCL Jurisprudence Review (2005). They wanted to have this harm inflicted on them, and there were ‘safe words’ in place if it got too much. R v Brown 1994 1 AC 212. In R v Brown (1994), a group of homosexuals, who took part in sadomasochistic activities, were found guilty due to the OAPA c.100 section 20 and section 47, after attempting to use consent as a partial defence. (, Written by Oxford & Cambridge prize-winning graduates, Includes copious adademic commentary in summary form, Concise structure relating cases and statutes into an easy-to-remember whole. But, maybe thats just me! HL also dismissed their appeals on the basis that it was against public interest to allows people to hurt each other for “no good reason” (, Lord Mustill dissented saying (1) that it is a matter of private morality, and whether or not we think morally wrong, disgusting etc, it is not the business of the law to regulate private sexual affairs. Jack Kinsella. I mean, I know SM is seen as quite extreme, and there was physical harm caused, but is this really grounds to deem consent as worthless?! Whilst I personally do not enjoy the sound of such SM activity, I wouldn’t discriminate against those who do. By using our website you agree to our privacy policy Change ), You are commenting using your Facebook account. and terms. I don’t want to presume the judgement was based on prejudice views, but it seems there is a chance that it was. I don’t think it can really be seen the same as a standard assault or battery.

However,  I soon began to realise the most interesting part of the case for me was not the sexual acts, but rather the reaction of the judges. I understand the law is here to protect us, and people can’t just go round attacking people on the basis of sexual gratification, but these men were consenting! Personally, I found this more shocking to read than the above counts. Change ).

Oxbridge Notes in-house law team. A group of homosexual sado-masochists were convicted of wounding under s.20 and all offences under s.47 of Offences against the person Act. Maybe if it brought to court now the outcome would be different, I hope it would be.

(3 The Modern Law Review Limited 1994 students are currently browsing our notes.

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