R v Brown: Can We Consent to Harm? (with Dr Matt Lodder, Dr Emily Jones and Alexandra Grolimund)

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.In this episode, Dr Daragh Murray chairs a discussion with Dr Matt Lodder, Dr Emily Jones and Alexandra Grolimund about the lasting impact of the infamous judgement in R v Brown [1994], which established the legal precedent that the “consent” of a victim is not a valid defence when it comes to the criminalisation of assault through certain ‘extreme’ but consensual acts, including sadomasochism and, more recently, body modification, in the case of R v BM [2018]. Operation Spanner was a police investigation into sadomasochism among homosexual males across the UK in the 1980s. As a result of this investigation, the House of Lords convicted a group of men for their involvement in consensual sadomasochistic sexual activity. The case has since been criticised as a homophobic attempt to moralise about consensual sexual activity among homosexual men in particular. However, the legacy of the precedent set by this judgement (i.e. that an individual cannot consent to injury which amounts to actual bodily harm) still remains, and its impact can be seen in R v BM [2018], where the Court of Appeal maintained that consent provided no adequate defence against ‘assault’ though body modification. Dr Matt Lodder is a Senior Lecturer in Art History and Theory, and Director of American Studies at the University of Essex. He teaches European, American and Japanese art, architecture, visual culture and theory from the late 19th century to the present, including modern and contemporary art post-1945, digital and "new media" art, and the intersections between art & politics. Matt is currently Director of American Studies, overseeing the US degree programs within the Interdisciplinary Studies Centre. Dr Emily Jones is a feminist international legal theorist working from a critical posthuman perspective. Her current areas of focus include on military technologies; feminist and queer methodologies; gender and conflict; and the interplay between property, work, technology and the law. Emily has held visiting positions at multiple institutions including at the University of Melbourne, Sciences Po Paris, SOAS University of London and Utrecht University. She is a Fellow of the Higher Education Academy. Alexandra Carina Grolimund has a background in human rights and is currently completing her PhD with a focus on Operation Spanner and R v Brown at the University of Essex, under joint supervision by Matt and Emily.