A Story of Disgust: Judges’ Emotions in Cases of Adult, Private, Consensual Sexual Acts Leading to Injury

This article examines the role of judicial emotion, particularly disgust, in English criminal law responses to adult, private, consensual sexual acts that resulted in injury. Using Meachen [2006] EWCA Crim 2414 as a focal point, it explores how courts apply the doctrine of consent under the Offences Against the Person Act 1861. While doctrinal analysis shows inconsistencies in how consent to harm is treated across sexual offences and offences against the person, this article argues that these inconsistencies can be understood through the lens of emotions. The analysis of key cases cited in Meachen identifies themes of boundaries, contamination and animality that may be shaping judicial perception of harm and normality.