What UK Domestic Abuse Act 2021 Section 71 - Consent to Serious Harm for Sexual Gratification Not a Defence requires
Section 71 of the Domestic Abuse Act 2021 codifies that a person ('D') cannot consent to the infliction of serious harm for the purposes of obtaining sexual gratification, and accordingly such purported consent is not a defence in any proceedings for a relevant offence. 'Serious harm' means actual bodily harm, wounding, or grievous bodily harm within the meaning of the OAPA 1861. 'Relevant offence' is narrowly defined as an offence under section 18, 20 or 47 of the Offences Against the Person Act 1861 only. Section 71 puts the so-called 'rough sex defence' beyond legal use - statutorily reversing R v Slingsby and aspects of the R v Brown line of authority where extreme sexual harm was treated as consensual.
Pillar: Adult Industry & Sexual Content Compliance · Authority: Parliament of the United Kingdom · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2021/17/section/71
SHA-256 integrity: 67cbfff7650bb94e48670b05749f3ebd9d23a1b15991e3af633cd01d1e88437e
Primary Citations — 10 traced to source
- Domestic Abuse Act 2021 (c. 17) Section 71 (Consent to serious harm for sexual gratification not a defence) subsection (1): 'For the purposes of determining whether a person ("D") who inflicts serious harm on another person ("V") is guilty of a relevant offence, it is not a defence that V consented to the infliction of the serious harm for the purposes of obtaining sexual gratification.' (legislation.gov.uk/ukpga/2021/17/section/71)
- Domestic Abuse Act 2021 Section 71(2): 'Subsection (1) does not apply in the case of an offence under section 20 or section 47 of the Offences Against the Person Act 1861 where (a) the serious harm consists of, or is a result of, the infection of V with a sexually transmitted infection in the course of sexual activity, and (b) V consented to the sexual activity in the knowledge or belief that D had the sexually transmitted infection.'
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