Studying English Law

English Law is relatively unusual in being based in large part on precedents from other cases heard in higher courts. For anyone choosing to study it then, it becomes a rather heavy task of going through case after case, deciding what the ruling shows and then, ultimately, trying to apply those ruling to make sense of a new case. Students beginning to study the law tend to be given a series of standard well-known cases as the initial basis of their study. I wonder if someone has a wry smile on their face when they selected one of the key cases used to help understand what is meant by indecent assault...

R. v. Court [1988] 2 All E.R. 221 House of Lords
D., a shop assistant, pulled a 12-year-old girl visitor to the shop across his knees, and smacked her 12 times on the buttocks outside her shorts for no apparent reason. Asked by the police why he had done so, he said "I don't know: buttock fetish." He pleaded guilty to assault, but denied that the assault was indecent and contended that his statement about his "buttock fetish" should be excluded as evidence because it was merely a secret motive which was not communicated to the victim and it could not make indecent an act which was not overtly indecent. The judge having refused to exclude the evidence, D. was convicted of indecent assault and appealed, ultimately to the House of Lords.

Apart from the obvious lesson that it's a pretty dumb idea to publicly spank a 12 year old who you have no connection with (and some would say that spanking children is all bad anyway), it does seem absurdly dumb to tell the police what motivated the assault. Incidentally, he lost the appeal.

Smacking bottoms

I'll probably get berated for this one but I just wanted to raise the issue.

Every so often, some poor unfortunate gets taken to court and prosecuted because he's given a female acquaintance a smack across her bottom. Now some cases that you read, you can't help but think that they've gone so far that they were asking for a day in court, but there are many times when someone has perhaps misjudged a young ladies likely reaction and given her a friendly pat on the butt where, at the most, he should perhaps have got a slap across the face and where prosecution seems most unreasonable.

I suppose I'm biased because I've done it a number of times and - so far - got away with it. There's been times when I've smacked someone who was just a friend and most times they've laughed it off, and times when I've taken more of a risk by smacking a work colleague. Is it so wrong? What about those out there who enjoy being smacked - have you ever had an unexpected smack on the behind from someone you work with or someone who is just a friend and doesn't know about your interests? How did you react?

Music to travel to

Currently on a business trip and a lot of travelling and little time for blogging. However, the other day, on an especially long and tedious flight I had my MP3 player on, and I could swear as I dozed I heard an old Paul McCartney number...

Raising money running, seems to last forever,
Seeing lovely bottoms – running raising money,
Josie, Lucy, Dublin.
If I ever get round the course,
Thought of giving it all away
To a wonderful charity.
All I need is a vodka straight
If I ever get round the course.

Well, the cane it landed with a mighty crack – just like a starter’s gun,
And then Adele said to Jean and Amie - I hope you’re having fun.
Bums on the run, bums on the run.
And Kirstyn Gold and Zena Stones were smacking everyone
For the bums on the run, bums on the run, bums on the run, bums on the run

Well, the old headmaster drew a heavy sigh - wishing for a cane,
And a crowd was cheering on the city streets for the spankees on the run.
Bums on the run, bums on the run.
And Jadie Reece and Leia and Sam, were smacking everyone
For the bums on the run, bums on the run, bums on the run, bums on the run

Well, Pandora was wondering just what she’d done.
Being sponsored to be caned – but everyone’s having fun.
Bums on the run, bums on the run

(With apologies to Sir Paul and those girls with names that my limited poetical skills couldn't weave in there - well done all of you.)