R+v+Brown

Facts
A group of individuals — five of them appellants of the case — had engaged in sadomasochistic sexual acts, consenting in each case to the harm they received. While none of these individuals complained against any of the acts in which they were involved, they were uncovered by an unrelated police investigation. Upon conviction, the individuals argued that they could not be convicted under the Offences against the Person Act 1861 as they had in all instances consented to the acts they engaged in.

Held
The certified question of appeal which the House of Lords was asked to consider was: > "Where A wounds or assaults B occasioning him actual bodily harm in the course of a sado-masochistic encounter, does the prosecution have to prove lack of consent on the part of B before they can establish A's guilt under section 20 or section 47 of the Offences against the Person Act 1861?" The Lords — by a bare majority, Lords Mustill and Slynn dissenting — answered this in the negative, holding that consent could not be a defence to offences under sections 20 and 47 of the Offences against the Person Act 1861