NCSF on TwitterSubscribe to the NCSF RSS FeedNCSF Blog

NCSF Headlines
Monday, 20 February 2012 00:47

Massachusetts v Appleby

Written by
Rate this item
(0 votes)

In most BDSM assault cases, the testimony of a complaining witness (the injured person) is central to the case, and often there is conflict on the issue of consent between the defendant and the complaining witness. However, even where both participants agree that the acts in question were consensual, the courts have held that consent cannot be a defense.  Thus, in Commonwealth v. Appleby, a 1980 Massachusetts case, the court said:

“Grimm’s consent to assault and battery upon him by Appleby by means of a dangerous weapon cannot absolve Appleby of the crime…”Commonwealth v. Appleby, 380 Mass.296, 311, 402N.E.2d 1051,1061 (Mass. 1980).

Click to open Massachusetts v Appleby PDF

 

Read 18785 times Last modified on Thursday, 09 November 2017 02:27
Login to post comments