In case you hadn’t heard, last month saw the conclusion to two important court cases relating to sex and the sex industry.

One, I have written an article for Sabotage Times about: Sheila Farmer and the Brothel that Never Was. More about that later.

The other case became a much-watched Twitter hashtag, #ObscenityTrial, and will affect any of us who like a bit of kink in our porn. Here’s part of a Guardian article written by Myles Jackman, aka Obscenity Lawyer, who is one of the loveliest people in the world:

‘…The Criminal Justice and Immigration Act 2008 shifts the burden from the producers and distributors of “extreme pornography” to the viewers who merely have such images in their possession.

Furthermore, the House of Lords’ judgment in R v Brown [1992] that individuals cannot consent to sexual assault which is greater than transient and trifling (essentially the drawing of blood) remains effective law.

In Brown, colloquially known as the “Spanner case”, Lord Templeman stated:

“I am not prepared to invent a defence of consent for sadomasochistic encounters which breed and glorify cruelty[…] Society is entitled and bound to protect itself against a cult of violence. Pleasure derived from the infliction of pain is an evil thing. Cruelty is uncivilised.”

However, sexual depictions, as with the arts and sport, allow consenting adults to explore such “uncivilised” pleasures within the context of a safe and recognised framework.

According to the Crown Prosecution Service (CPS) guidelines: “It is impossible to define all types of activity which may be suitable for prosecution”. The types of material most commonly considered to be obscene and therefore prosecuted include sadomasochistic material which goes beyond trifling and transient infliction of injury, torture with instruments, bondage (especially where gags are used with no apparent means of withdrawing consent), activities involving perversion or degradation (such as drinking urine, urination[…] on to the body…) and fisting… ‘

Full article here, Obscenity Lawyer blog here, and a wonderful interview with Myles at Vice.com here.