Sexually motivated violence

R v Brown [1993] 2 All ER 75
This case involved a group of men who engaged in S & M. This was discovered incidentally by the police, and led to convictions of both the ‘S’ and the ‘M’ partners involved.
1 of 14
What do courts primarily believe about S&M?
It is a violent crime and is not essential to your happiness
2 of 14
Should violence within sex be criminalised? Harm based argument:
A basic harm argument seems paternalistic and moralistic. BUT the HoL had concerns about the potential that non-consented to injuries might occur. S and M is ‘unpredictably dangerous’ – you can’t consent to unknown risks. BUT is this really any diff
3 of 14
to the risks involved in other sexual activities?
g
4 of 14
is it harmful to others?
Lord Templeman suggested that permitting sado-masochistic activities would ‘breed and glorify violence’. But there was no evidence to support Templeman’s concerns.
5 of 14
Why does Duff say that Sado-masochism is dehumanizing?
“Whilst there were no spectators to degrade or be degraded, we might still say that the participants were degrading or dehumanizing themselves and each other...They were enacting rituals of torture, which treat the person tortured as, or try to redu
6 of 14
reduce him to, a humiliated and degraded animal"
g
7 of 14
is s&m a cover for domestic violence?
R v Wilson (1996) 2 Cr App R 241: D branded initials on wife’s bottom. R v Emmett (1999) The Times, 15 October: D and V engaged in ****** asphyxiation. D also lit lighter fluid on V’s breasts.
8 of 14
What does Nicholas Bamford say on s&m?
some people need S&M, it isn't real violence since it's simulated
9 of 14
Sexual preferences are a matter of individual choice
Within the liberal ideal each person should be entitled to pursue their vision of the good life. The state should not seek to restrict or inhibit that without good reason.
10 of 14
R v Lock (2013) Unreported
A woman made a complaint against her former partner – Steven Lock – saying that she was left ‘screaming in pain’ and ‘with angry red welts on her skin’ after an ‘extreme’ sex session.The defence was reliant on the ‘sex slave contract’ as evidence of
11 of 14
prior and agreed consent.
He as acquitted in 15 minutes
12 of 14
R v Blakemore
genderswitch- female accused of domestic abuse on her husband, in a contract inspired by 50 shades of grey, used defense of consent. was acquitted
13 of 14
What did the law commission 2015 say?
Suggested retention of the ‘the doctrine in Brown, that consent exempts D from liability for causing injury to V only in the context of certain accepted activities’.
14 of 14

Other cards in this set

Card 2

Front

What do courts primarily believe about S&M?

Back

It is a violent crime and is not essential to your happiness

Card 3

Front

Should violence within sex be criminalised? Harm based argument:

Back

Preview of the front of card 3

Card 4

Front

to the risks involved in other sexual activities?

Back

Preview of the front of card 4

Card 5

Front

is it harmful to others?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal Law resources »