Originally Posted by
SteveB
Quote from the "http://www.spannertrust.org/documents/spannerhistory.asp webpage just about sums it up.
"The Law Of Assault
In law, you cannot, as a rule, consent to an assault. There are exceptions. For example, you can consent to a medical practitioner touching and possibly injuring your body; you can consent to an opponent hitting or injuring you in sports such as rugby or boxing; you can consent to tattoos or piercings if they are for ornamental purposes. You can also use consent as a defence against a charge of what is called Common Assault. This is an assault which causes no significant injury.
The Judgement
The Law Lords ruled that SM activity provides no exception to the rule that consent is no defence to charges of assault occasioning actual bodily harm or causing grievous bodily harm. These are defined as activities which cause injuries of a lasting nature. Bruises or cuts could be considered lasting injuries by a court, even if they heal up completely and that takes a short period of time. Grievous bodily harm covers more serious injury and maiming. Judge Rant introduced some new terms to define what he considered to be lawful and unlawful bodily harm. Judge Rant decreed that bodily harm applied or received during sexual activities was lawful if the pain it caused was "just momentary" and "so slight that it can be discounted". His judgement applies also to bodily marks such as those produced by beatings or bondage. These too, according to him, must not be of a lasting nature. In essence, Judge Rant decided that any injury, pain or mark that was more than trifling and momentary was illegal and would be considered an assault under the law."