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R V Brown (1987 NSCA)
is a House of Lords judgment which re-affirmed the conviction of five men for their involvement in consensual unusually severe sadomasochistic sexual acts over a 10-year period. They were convicted of a count of unlawful and malicious wounding and a count of assault occasioning actual bodily harm (contrary to sections 20 and 47 of the Offences against the Person Act 1861). The key issue facing the Court was whether consent was a valid defence to assault in these circumstances, to which the Court answered in the negative. The acts involved included the nailing of a part of the body to a board, but not so as to necessitate, strictly, medical treatment. The court found no direct precedent for sadomasochism among the senior courts (those of binding precedent) so applied the reasoning of three indirectly analogous binding cases and others. The case is colloquially known as the Spanner case, named after Operation Spanner, the investigation which led to it. Facts The five a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Volenti Non Fit Injuria
''Volenti non fit iniuria'' (or ''injuria'') (Latin: "to a willing person, injury is not done") is a common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict. ''Volenti'' applies only to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. ''Volenti'' is also known as a "voluntary assumption of risk". ''Volenti'' is sometimes described as the plaintiff "consenting to run a risk". In this context, ''volenti'' can be distinguished from legal consent in that the latter can prevent some torts arising in the first place. For example, consent to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1993 In United Kingdom Case Law
File:1993 Events Collage.png, From left, clockwise: The Oslo I Accord is signed in an attempt to resolve the Israeli–Palestinian conflict; The White House (Moscow), Russian White House is shelled during the 1993 Russian constitutional crisis; Czechoslovakia is peacefully Dissolution of Czechoslovakia, dissolved into the Czech Republic and Slovakia; In the United States, the ATF Waco siege, besieges a compound belonging to David Koresh and the Branch Davidians in a search for illegal weapons, which ends in the building being set alight and killing most inside; Eritrea gains independence; A major 1993 Storm of the Century, snow storm passes over the United States and Canada, leading to over 300 fatalities; Drug lord and narcoterrorism, narcoterrorist Pablo Escobar is killed by Military Forces of Colombia, Colombian special forces; Ramzi Yousef and other Islamic terrorism, Islamic terrorists 1993 World Trade Center bombing, detonate a truck bomb in the subterranean garage of List of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
BDSM
BDSM is a variety of often erotic practices or roleplaying involving bondage, discipline, dominance and submission, sadomasochism, and other related interpersonal dynamics. Given the wide range of practices, some of which may be engaged in by people who do not consider themselves to be practising BDSM, inclusion in the BDSM community or subculture often is said to depend on self-identification and shared experience. The initialism ''BDSM'' is first recorded in a Usenet post from 1991, and is interpreted as a combination of the abbreviations B/D (Bondage and Discipline), D/s (Dominance and submission), and S/M (Sadism and Masochism). ''BDSM'' is now used as a catch-all phrase covering a wide range of activities, forms of interpersonal relationships, and distinct subcultures. BDSM communities generally welcome anyone with a non-normative streak who identifies with the community; this may include cross-dressers, body modification enthusiasts, animal roleplayers, rubber fe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rough Sex Murder Defense
Rough sex murder defense, also known as the 50 Shades defense (after ''Fifty Shades of Grey''), is employed by some people accused of murdering a sexual partner, who claim that the death occurred because of injuries sustained during consensual sex. Advocacy group We Can't Consent To This has identified, between 1972 and 2020, 60 police suspects or defendants in the UK who have stated from the outset or later plead this defense, 45 percent of which resulted in a lesser charge, lighter sentence, acquittal, or the case not being pursued. In the UK, legislative amendments were proposed in 2020, and the defense was effectively banned after the Domestic Abuse Bill was passed in April 2021. Definition According to American jurist George Buzash: The "rough sex" defense to the charge of murder asserts that the victim literally "asked for" the conduct that led to the homicide and that the homicide was the result of sexual practices to which the victim consented, and may have even demande ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consent (criminal Law)
In criminal law, consent may be used as an excuse and prevent the defendant from incurring liability for what was done. Defences against criminal liability A defence against criminal liability may arise when a defendant can argue that, because of consent, there was no crime (e.g., arguing that permission was given to use an automobile, so it was not theft or taken without owner's consent). But public policy requires courts to lay down limits on the extent to which citizens are allowed to consent or are to be bound by apparent consent given. As an application of ''parens patriae'', for example, minors cannot consent to having sexual intercourse under a specified age even though the particular instance of statutory rape might be a "victimless" offense. In the case of adults, there are similar limits imposed on their capacity where the state deems the issue to be of sufficient significance. Thus, for example, an individual domiciled in a common law state cannot give consen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Heteronormativity
Heteronormativity is the concept that heterosexuality is the preferred or normal mode of sexual orientation. It assumes the gender binary (i.e., that there are only two distinct, opposite genders) and that sexual and marital relations are most fitting between people of opposite sex. A heteronormative view therefore involves alignment of biological sex, sexuality, gender identity and gender roles. Heteronormativity is often linked to heterosexism and homophobia. The effects of societal heteronormativity on lesbian, gay and bisexual individuals can be examined as heterosexual or "straight" privilege. Etymology Michael Warner popularized the term in 1991, in one of the first major works of queer theory. The concept's roots are in Gayle Rubin's notion of the "sex/gender system" and Adrienne Rich's notion of compulsory heterosexuality. From the outset, theories of heteronormativity included a critical look at gender; Warner wrote that "every person who comes to a queer self-un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grievous Bodily Harm
Grievous bodily harm (often abbreviated to GBH) is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent",Archbold Criminal Pleading, Evidence and Practice, 1999, paragraph 19-201 at page 1614 whereas the offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm". Statute Section 18 This section now reads: The words omitted in the first to third places specifically included shooting or attempting to shoot, and included some words considered redundant; they were repealed by section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Daily Telegraph
''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally. It was founded by Arthur B. Sleigh in 1855 as ''The Daily Telegraph & Courier''. Considered a newspaper of record over ''The Times'' in the UK in the years up to 1997, ''The Telegraph'' generally has a reputation for high-quality journalism, and has been described as being "one of the world's great titles". The paper's motto, "Was, is, and will be", appears in the editorial pages and has featured in every edition of the newspaper since 19 April 1858. The paper had a circulation of 363,183 in December 2018, descending further until it withdrew from newspaper circulation audits in 2019, having declined almost 80%, from 1.4 million in 1980.United Newspapers PLC and Fleet Holdings PLC', Monopolies and Mergers Commission (1985), pp. 5–16. Its si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Direct Applicability
Direct applicability refers to the fact that EU Regulations require no implementing legislation within individual member states - they take effect as soon as they are published by the European Commission. Legal basis Direct applicability is a concept of European Union constitutional law that relates specifically to ''regulations'', direct applicability (or the characteristic of regulations to be ''directly effective'') is set out in Article 288 (ex Article 249) of the Treaty on the Functioning of the European Union (as amended by the Lisbon Treaty). Relation to direct effect Direct applicability is often confused with the doctrine of direct effect In European Union law, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which the courts of member states of the European Union are bound to recognise and enforce. Direct effect is not e .... This confusion is perhaps explained by reference to the treaty provision governi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Operation Spanner
Operation Spanner was a police investigation into same-sex male sadomasochism across the United Kingdom in the late 1980s. The investigation, led by the Obscene Publications Squad of the Metropolitan Police, began in 1987 and ran for three years, during which approximately 100 gay and bisexual men were questioned by police. The investigation culminated in a report naming 43 individuals, of whom the Director of Public Prosecutions chose to prosecute 16 men for assault occasioning actual bodily harm, unlawful wounding and other offences related to consensual, private sadomasochistic sex sessions held in various locations between 1978 and 1987. A resulting House of Lords judgement, ''R v Brown'', ruled that consent was not a valid legal defence for actual bodily harm in Britain. The case sparked a national conversation about the limits of consent and the role of government in sexual encounters between consenting adults. It also spawned two activist organisations dedicated to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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