Sadist Allowed Consent as Defence
» BDSM & Sex Crime
Richard Jeffrey Barker, a New Zealand sadist, who scarred a couple of teenage girls has his conviction reversed.
In the original trial:
… Judge Kevin Phillips said Barker, in his 50s, could not use the defence of consent, principally because of the girls’ young age but also because the scars would be semi-permanent and because the 17-year-old had taken nitrous oxide gas.
Barker appealed his convictions on the sole ground that Judge Phillips had wrongly withdrawn the defence of consent on public policy grounds.
In findings released today, Appeal Court Justices Susan Glazebrook, Grant Hammond and Mark O’Regan ruled that because Barker did not intend to seriously injure his victims, consent was available as a defence.
Sadomasochist has convictions quashed
I don’t think intent would work in an American court (not that I’m qualified to judge - just a subjective feeling about the American criminal justice system).
