Sexual Expression, Body Alteration, and the Defence of Consent
![handle is hein.journals/jlsocty20 and id is 364 raw text is: JOURNAL OF LAW AND SOCIETY
VOLUME 20, NUMBER 3, AUTUMN 1993
0263-323X
Sexual Expression, Body Alteration, and the Defence of Consent
LOIS BIBBINGS* AND PETERALLDRIDGE**
The controversy surrounding R. v. Brown, Laskey, Lucas, Jaggard, and
Carter' has a significance which extends beyond the world of sado-masochist,
or dominant and submissive sexual relations. The courts' treatment of those
who are'differently pleasured should, therefore, be viewed in a wider context.
For example, the decision can be compared with other limitations which are
placed upon freedom of bodily control, bodily self-expression, and sexual
gratification. This paper adopts a contextual approach. The starting point is
the decision in Brown. Beyond this, it considers legal reactions to other forms
of body alteration with the focus being placed upon the boundary between the
tolerable, the problematic, and the criminal. Generally accepted forms of
body alteration, like the various types of plastic surgery and body improve-
ment surgery available, can be compared with other less legally acceptable
procedures like sex change operations, and both with a number of 'non-
mainstream body modification'2 techniques including piercing, tattooing,
scarification, cutting, and female circumcision. It is in the distinctions which
can be made between the legal, the questionable, and the illegal that most can
be learned about legal attitudes in this area.
A MONKEY-WRENCH IN THE WORKS
It was the police operation codenamed 'Spanner', investigating pornographic
videos, which resulted in the prosecution of sixteen3 gay men for their
involvement in mutually consenting sado-masochistic acts.4 The men, who
were mainly middle-aged professionals5 and included a lay-preacher, were
charged6 with offences ranging from assault occasioning actual bodily harm,
* Faculty of Law, University of Liverpool, P.O. Box 147, Liverpool, L69 3BX,
England
** Cardiff Law School, University of Wales P.O. Box 427, Museum Avenue,
Cardiff, CF] 1XD, Wales
This article is based upon a paper given at the Socio-Legal Studies Association conference,
Exeter, March 1993. We are grateful to participants and to colleagues who have commented upon
the paper.
356
(D Basil Blackwell Ltd. 1993. 108 Cowley Road, Oxford OX4 IJF, UK and 238 Main Street. Cambridge. MA 02142. USA](ViewImageLocal?handle=hein.journals/jlsocty20&div=28&collection=&method=preview&ext=.png&size=3)
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Sexual Expression, Body Alteration, and the Defence of Consent
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