R v Wilson [1996] 2 Cr. App. R. 241<\/strong><\/p>\n Criminal \u2013Consent \u2013 Consensual bodily harm between husband and wife<\/em><\/p>\n Alan Wilson was charged under s 47 of the Offences Against the Person Act 1861<\/strong> for assault. He branded his initials into his wife\u2019s buttocks with a hot knife.<\/p>\n The first issue was whether R v Brown<\/em> (1993) 97 Cr. App. R. 44, is an authority for the proposition that consent is not a defence to assault occasioning actual bodily harm to a person, under s 47 of the Act<\/strong>. Further, when criminal investigation or conviction is required where consensual activity between a couple occurs in the privacy of their own home. Where consensual activity has taken place in the privacy of one\u2019s home, and is has not serious or extreme in nature, a defence of consent is valid against s 47 of the Act <\/strong>and it is not a proper matter for criminal investigation.<\/p>\n The court distinguished the case of R v Brown<\/em><\/strong> holding that the engagement of the defendants in sadomasochism which led to the decision to convict the defendant under s 47 of the Act <\/strong>was extreme, with a serious risk of injury occurring. There was no factual comparison to be made between the actions of Wilson and the facts presented in R v<\/em><\/strong>Brown<\/em><\/strong> and there was no aggressive intent on the part of Wilson. It was further held that consensual activity between a husband and wife in the privacy of their own home was not a matter for criminal investigation or conviction. Therefore, consent was a valid defence to s 47<\/strong>. The appeal was allowed and the conviction was quashed.<\/p>\n","protected":false},"excerpt":{"rendered":" Consensual bodily harm between husband and wife. Alan Wilson was charged under s 47 of the Offences Against the Person Act 1861 for assault. He branded his initials into his wife\u2019s buttocks with a hot knife.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[85],"class_list":["post-4908","post","type-post","status-publish","format-standard","hentry","category-cases","tag-uk-law"],"yoast_head":"\nFacts of R v Wilson<\/h3>\n
Issues in R v Wilson<\/h3>\n
Decision\/Outcome of R v Wilson<\/h3>\n