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Book part
Publication date: 7 November 2022

Alexandra Fanghanel

Using original transcripts of cases in which ‘sex games’ have ‘gone wrong’, this chapter examines how the practice of bondage and sado-masochism (BDSM) is figured in legal…

Abstract

Using original transcripts of cases in which ‘sex games’ have ‘gone wrong’, this chapter examines how the practice of bondage and sado-masochism (BDSM) is figured in legal discourses and the implications this understanding of it has for debates about consent and sexual violence. The premise that consent to sexual violence might act as a defence or mitigating factor in cases which go to trial suggests that something understood as BDSM is recognized as a legitimate sexual practice by the courts. Recognizing the legitimacy of marginalized sexual practices can be understood as a progressive way to recognize individuals’ autonomy and freedom, within the contemporary neoliberal framework in which these cases play out. Campaigners against the judgement of the foundational Brown case make this clear (The Spanner Trust, n.d.). Yet, BDSM practice has also been mobilized to justify or diminish the significance of sexualized violence against women (Harman & Garnier, 2019, July 19).

This chapter navigates the line between these two priorities to interrogate the ways in which courts themselves interpret and understand BDSM. Gaining insight into how courts might be said to ‘operationalise’ BDSM, we can gain some insight into the role that consent plays in understanding sexual violence, including the work that consent has to do to turn an act of sexual violence into one of BDSM.

In order to do this work, I have acquired nine transcripts of crown court cases from 2010 to 2020 in which a ‘rough sex’ defence was used. Conducting a discourse analysis of how BDSM is imagined in these cases, in dialogue with previous I have conducted on consent and BDSM communities (Fanghanel, 2019, 2020), this chapter traces how knowledge about BDSM in created, and how this becomes used to affect justice outcomes.

Details

‘Rough Sex’ and the Criminal Law: Global Perspectives
Type: Book
ISBN: 978-1-80117-928-7

Keywords

Article
Publication date: 1 June 2000

Michael Egan

Discusses Shakespeare’s Chronicles and their links to organizational behaviour. Highlights lessons from history for those seeking to exercise power successfully and manage both…

4007

Abstract

Discusses Shakespeare’s Chronicles and their links to organizational behaviour. Highlights lessons from history for those seeking to exercise power successfully and manage both individuals and groups.

Details

Management Decision, vol. 38 no. 5
Type: Research Article
ISSN: 0025-1747

Keywords

Article
Publication date: 8 February 2013

Corine de Ruiter

Mental health evaluation in criminal cases is a complex and challenging task. The purpose of this paper is to highlight the value of semi‐structured interviews for diagnosis, the…

Abstract

Purpose

Mental health evaluation in criminal cases is a complex and challenging task. The purpose of this paper is to highlight the value of semi‐structured interviews for diagnosis, the use of literature review to increase understanding of a case, and the importance of looking “beyond” the criminal offence itself.

Design/methodology/approach

The author conducted a forensic mental health assessment of a man who killed his wife and two young daughters. The case is presented in the order in which information reached the psychologist, so her clinical reasoning becomes apparent. Findings from the police file are integrated with psychological test results and a literature review on familicide and uxoricide.

Findings

The case analysis illustrates the perpetrator fits a personality profile found in empirical research on male spousal killers, who often suffer from dependent, avoidant and over‐controlled personality pathology. Four mental health experts who previously reported on this case had not agreed on a diagnosis. Using a more structured approach to assessment, the current analysis sheds new light on the relationship between mental disorder and offence.

Practical implications

The use of semi‐structured interviews for psychiatric diagnosis increases diagnostic reliability. Since there is so much at stake for the assessed in a criminal investigation, the importance of reliability and accuracy of diagnosis cannot be overestimated. Forensic mental health experts serve the court best by integrating findings from structured assessment instruments, file information and empirical research on comparable offender types.

Originality/value

This paper can be useful for teaching purposes and provides guidance to both novice and experienced forensic experts.

Details

The Journal of Forensic Practice, vol. 15 no. 1
Type: Research Article
ISSN: 2050-8794

Keywords

Article
Publication date: 1 March 2001

K.G.B. Bakewell

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…

18714

Abstract

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.

Details

Structural Survey, vol. 19 no. 3
Type: Research Article
ISSN: 0263-080X

Article
Publication date: 1 September 2001

Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management…

14791

Abstract

Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.

Details

Facilities, vol. 19 no. 9
Type: Research Article
ISSN: 0263-2772

Article
Publication date: 1 March 2001

K.G.B. Bakewell

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…

14410

Abstract

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.

Details

Property Management, vol. 19 no. 3
Type: Research Article
ISSN: 0263-7472

Article
Publication date: 1 May 2001

K.G.B. Bakewell

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…

14174

Abstract

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.

Details

Journal of Property Investment & Finance, vol. 19 no. 5
Type: Research Article
ISSN: 1463-578X

Article
Publication date: 1 April 1968

L.J. Willmer, L.J. Davies and Edmund Davies

November 28, 1967 Factory — Lifting tackle — Hook — Steelworks — Removal of scab — Hook placed under it — Hook suspended from chain of crane — Strain taken up by crane to enable…

Abstract

November 28, 1967 Factory — Lifting tackle — Hook — Steelworks — Removal of scab — Hook placed under it — Hook suspended from chain of crane — Strain taken up by crane to enable brick to be placed under scab — Whether “raising” operation — Factories Act, 1961 (9 & 10 Eliz. II. c.34), s. 26(1).

Details

Managerial Law, vol. 4 no. 1
Type: Research Article
ISSN: 0309-0558

Abstract

Details

The Canterbury Sound in Popular Music: Scene, Identity and Myth
Type: Book
ISBN: 978-1-78769-490-3

Article
Publication date: 1 January 1966

L. J. Sellers, L. J. Danckwerts and L. J. Winn

July 21, 1966. Negligence — Contributory negligence — Plaintiff workman crushed by guide car in steelworks — Movement of car without warning after plaintiff discharged from car to…

Abstract

July 21, 1966. Negligence — Contributory negligence — Plaintiff workman crushed by guide car in steelworks — Movement of car without warning after plaintiff discharged from car to repair another vehicle —Car driver's admitted negligence — Plaintiff's assumption that guide car would not be moved — Whether assumption justified — Whether failure to keep a proper look out — Whether contributory negligence. Damages — Quantum — Semi‐paraplegic — Grave injuries to lower part of body — Plaintiff fit for light work and mobile — Proper amount of damages.

Details

Managerial Law, vol. 1 no. 1
Type: Research Article
ISSN: 0309-0558

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