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Govan v Indiana

In Govan v. State, 913 N.E.2d.237 (Indiana Appeals Court 2009), the defendant (Govan) was convicted of both assault and battery, based on a BDSM incident in which he “punished” the victim (A.H.) by branding her with a hot knife and whipping her with an electrical extension cord.  The appellate court rejected Govan’s argument that A.H.’s consent was a defense to his conduct.  First, it ruled that consent could not be a defense to the assault charge.  Second, although the court acknowledged that consent was a valid defense in a battery case having “sexual overtones”, it found that the use by Govan of a knife invalidated the defense:

Turning to the case at hand it is undisputed that it involves sexual overtones.  Notwithstanding those overtones, A.H.’s consent is not a defense to the crime because Govan’s actions involved a deadly weapon,...namely a knife, and therefore A.H.’s consent is not available as a defense to battery.  Govan, 913 N.E.2d at 242-243.

Click to open Govan v Indiana PDF

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Consent Counts: We're Making a Difference

  • Completed Federal and State Legal Research
  • Developed Educational Programs and Outreach Materials
  • Built Alliances With Sexual Freedom Advocacy Groups

About Consent Counts

NCSF is leading a major national campaign—Consent Counts—to change the laws and police practices that our communities now endure, and to establish that consent is available as a defense in criminal BDSM prosecutions.

  • BDSM is prosecuted as assault in the U.S., even when it is consensual.
  • No state or appellate court has allowed consent as a defense to assault in BDSM cases.
  • Consent Counts is a nationwide project to decriminalize consensual BDSM.
 
Program Goals:
Consent Counts
is a nationwide project to decriminalize consensual BDSM through education, advocacy, legal actions and lobbying.

 

Contact:
Judy Guerin
Director, Consent Counts 
 
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