Vigorous sexual activity Flashcards
What is vigorous sexual activity split into
inadvertent infliction of injury and deliberate infliction of injury
When is there no unlawful act
if bodily contact was consented to even it it was rigorous
In slingsby he caused death through blood poisoning, the injuries had not been violent, nor intended nor foreseen and both parties had consented there
there was a defence of consent
In which case had V suffered internal injuries by D who was charged with s20, he argued the injuries were accidental and D had consented therefore the injuries were inadvertent
Meachen
What happened to meachen in terms of judgement
convicted in the crown court following emmet, on appeal CA followed slings by and upheld appeal and quashed conviction
What does inadvertent mean
unintended, unplanned and accidental
In inadvertent cases is there a defence available
yes consent is recognised as a valid defence
If there is a deliberate injury involved for sexual gratification can there be a defence of consent
no
Which case implied that consent would not been available because of the sado-masochism involved
Donovan
What happened in Dononvan
S&M with 17 year old girl, convicted of indecent assault
appealed based on V had consented and there had been a misdirection by trial judge
she claimed she had not taken his comments seriously and had submitted out of fear
CA concluded that the jury should have been directed to determine whether D’s attacks on V had intended to do bodily harm, if they thought yes then convicted. However since the jury were not asked there had been a misdirection by the trial judge so CA quashed the conviction of a technicality
Legal principles coming from Donovan
If an act is criminal it can not be lawful just because V has agreed to it, in such a case consent is immaterial and the prosecution is not required to prove and absence of V’s consent
Only if the blows struck were neither likely nor intended to do bodily harm, would it be necessary to consider consent
an assault intended to or which was likely to cause bodily harm, accompanied by indecency , was an offence irrespective of consent by C, providing the injury was not trifling or transient
In which case had the court refused consent and D was convicted on indecent assault because of vigorous sexual activity which had a deliberate infliction of injury
Boyea
Case facts of Boyea
forcefully twisted hand inside causing internal injures
judge applied law form Donavan- an assault intended to or which was likely to cause bodily harm accompanied by indecency was an offence irrespective of consent proving injuries were not trifling or transient
appealed on a misdirection, CA said although V consent to vigorous sex she had not connected to such injuries, appeal was dismissed
another important case that involved vigorous sexual activity with deliberate infliction of bodily harm
brown and others
Case facts of brown and others
S&M between a group of consenting males, carried out in private and record
trial judged refused consent so D plea guilty and received prison sentences which they appeased against contending that a person could not be guilty for acts carried out in private with consent CA dismissed but went to HL on a point of law of general public importance
lords 2/3 majority upheld and indicated consent was not permitted from S&M as not in public interest and refused to allow a culture of violence that could have resulted in serious injury
Case when ECHR which upheld judgement
