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R v Brown [1993] UKHL 19, [1994] 1 AC 212 [1] 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.
In R v Brown, the House of Lords upheld their judgement, finding that consent was not a defence to their actions in these circumstances. The applicants believed that a violation of Article 8 had occurred because the activities were consensual, conducted in a private setting, and none of the participants required medical attention.
R v Brown, 2022 SCC 18, is a decision of the Supreme Court of Canada on the constitutionality of section 33.1 of the Criminal Code, which prohibited an accused from raising self-induced intoxication as a defence to criminal charges.
A resulting House of Lords judgement, R v Brown, ruled that consent was not a valid legal defence for actual bodily harm in Britain. [4] The case sparked a national conversation about the limits of consent and the role of government in sexual encounters between consenting adults. [5]
R v Brown dismissed the defence of consent, meaning that the men charged of sexual offences could not defend their actions. It has been pointed out that people can consent to activities such as boxing and body piercing, which also result in pain, but apparently cannot consent to BDSM. [ 18 ]
In R v Brown [1993] UKHL 19 when considering whether injuries inflicted during sadomasochistic sex with the consent of all parties was legal, he said: "Society is entitled and bound to protect itself against a cult of violence. Pleasure derived from the infliction of pain is an evil thing.
R v Brown [1994] 1 AC 212 and Laskey, Jaggard and Brown v United Kingdom – Article 8 was deemed not to "[invalidate] a law which forbids violence which is intentionally harmful to body and mind" (specifically, assault occasioning actual bodily harm as part of consensual sadomasochistic sex acts) by the UK House of Lords. [5]
Corbett v Corbett (1969) X v United Kingdom (1978) Dudgeon v United Kingdom (1981) R v Brown (1993) Sutherland v United Kingdom (1994) Smith and Grady v United Kingdom (1999) Goodwin & I v United Kingdom (2002) HJ and HT v Home Secretary (2010) National AIDS Trust v NHS Service Commissioning Board (2016) Bell v Tavistock (2021) AB v CD and ...