Rule - s18 - wounding with intent to do grievous bodily harm.

Application - Brown - consent is not a valid defence if the risk of injury outweighs the consent. Apply - although she did consent to the relationship, she didn't consent to the sexual relationship and he coerced her into it, "she acquiesced to it". Emmet - court won't intervene between a husband and wife in the matrimonial home. Apply - they are not married, they are only dating and Nathan took advantage of her being young. Clearly dominant over her because she is young, he is much older and wealthier so couldn't defend herself against him.

Defence - rough sex defence - however, would be a weak defence considering that he abused her, and that she was coerced into it. The rough sex went beyond what she had consented to which was a relationship. Her injuries were severe e.g., trauma to her body, hence he could be convicted for s18.

HOWEVER, BM 2018 case - says that people have a right to protect themselves, especially if they are vulnerable or are mentally ill. She is clearly vulnerable because she is a young student.

See law commission above ^ - Nathan could argue that he is not guilty of the offence because she consented to the sex and the relationship. Had she not consented, then he would be convicted, however he has committed GBH.

GBH? Really serious harm (DPP v Smith)

Combined injuries - Grundy

Defence - Wilson husband and wife in matrimonial home - consent is a defence to harm

'started a relationship' Hayley had romantic feelings towards Nathan. States 'she loved him'. Akin to a marriage - stable loving relationship where she consented to the acts 'acquiesced'

Art 8 - Right to private life

In their home between 2 consenting adults. Autonomous decision based on freedom of choice - essential in a democratic society. It's not for the criminal law to determine the moral framework of society. This should be subject to a decision by the legislature not the judiciary.

Prosecution

Brown - if abh or above is intended an/or caused, consent is irrelevant. Cruelty is uncivilised and should not be permitted by way of consent. (Lord Templeman Brown 236)

Art 3/2

Nature relationship - coercion - power dynamic - vulnerable individual

Emmett - permanent injury risk

Hospital time - waste resources time and cost.

Domestic abuse is a risk

Contrary to Wilson - primary reason for the action sex not emotional connection as would have with marriage.

BM case

Law Commission