Consent To Harm Is Not A Defence Essay

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A person who intentionally or recklessly causes serious harm to another shall be guilty of an offence. Consent to harm is not usually not a defence to a charge of assault causing harm under section 3 or causing serious harm under section 4 of the Non-Fatal Offences Against the Person Act 1997. However, consent to harm or serious harm may be a defence if the activity leading to that harm does not offend against public policy. If the consent is given to the risk of farm or serious harm with involves sadomasochistic sexual activities, it will not be a defence. In the case R v Brown, the defendants had consensually and in private inflicted various sadomasochistic tortures on each other. They videoed these activities and the tapes fell into the hands of the police. They were charged with occasioning actual bodily harm on each other. The question presented was whether or not lack of consent was an essential part of the offence. The House of Lords held that consent is only a defence where the conduct in question is “in the public interest”. They did not …show more content…

The complainant went to public house near her home to buy some cigarettes. She got into a conversation with two men. One of the men bought her cider. She returned home and as she tried to enter her house she was forced into the bedroom. She was then indecently assaulted. When the police arrived, they found the appellant still asleep on the bed. The police could smell alcohol. The appellant was arrested. When the complainant was examined, she was found to have injuries to the interior and exterior of the vagina. The court held that the extent of the violence inflicted on the complainant went far beyond the risk of minor injury to which if she consented, her consent would have been a defence. It was inconceivable that the complainant would have consented to the injuries which were infect inflicted on her. Consent must be freely given and fully

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