![]() There are various exemptions to the rule, such that certain practises of causing harm are considered to be in the public interest. Even though these men consented entirely to activities including genital maltreatment (including the application of hot wax and sandpaper), ritual beatings and branding, it was found that consent does not negate criminal liability when bodily harm or more serious injury was intended or caused.Īlthough Brown is now over 20 years old, the finding that it would not be in the public interest to allow members of the public to wound each other without ‘good reason’ remains good law. In Brown, the House of Lords convicted a group of men for their involvement in consensual sadomasochistic sexual acts over a ten year period. 212, HL, which we discussed in our previous blog on BDSM here. The judge relied on the infamous case of R v Brown(A) 1 A.C. It was accepted that all the customers had consented to BM carrying out these procedures, so the judge was asked to consider whether their consent could amount to a defence to causing such serious, irreversible injuries. splitting a customer's tongue to resemble a reptile's tongue. ![]() The three counts of causing actual bodily harm were based on the following procedures that BM had performed, all without anaesthetic: R v BM (2018) EWCA Crim 560įacts: The appellant, BM, was a registered tattooist and body piercer who also provided body modification. In light of this, practitioners currently carrying out these procedures may need to revaluate their practises. In March 2018, the Court of Appeal found that certain body modification procedures did in fact amount to serious harm and wounding, and that the customer’s consent could not amount to a defence for causing these ‘injuries’. ![]() However, while cosmetic piercings and tattoos have been accepted as the norm, the legality of some more radical procedures has, so far, been far from clear. These procedures are commonly offered by registered practitioners in shops and parlours, which are licensed and regulated by local authorities. The term ‘body modification’ covers everything from the mainstream practices of piercing and tattooing, to the more esoteric procedures of scarification and eyeball implants. Split ‘lizard’ tongues, tattooed eyeballs, genital beading and ear shaping are just a handful of unconventional body modification procedures people undergo in the UK every day. ![]()
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