Tag Archives: legal

Contractual

I have a lot of problems with “50 Shades of Grey”. Despite it being fiction, it’s often lauded as an accurate representation of a BDSM relationship by those unfamiliar with kink. When there is not enthusiastic consent from both parties, it’s not BDSM – it’s abuse. The character’s kink was his alone, not hers. BDSM should not be equated with abuse in the media, nor should it ever be used as an excuse for one person to control or harm another without their enthusiastic consent. Here’s a little bit of an article at Jezebel about a man who allegedly coerced his wife into being raped and tortured under the guise of a “slave contract”:

“…Harden required his wife to wear the collar at all times except for when attending church or when visiting with her mother. Harden also locked a box on her head, and on other occasions made her stand in front of the window shirtless as a form of humiliation… Apparently, Harden pestered his wife into signing the contract and threatened to leave her if she didn’t. When police asked her why she didn’t leave him earlier, she stated that 1) she loved him and that 2) he took care of her — Harden controlled her diabetes medication and never taught her how to use her insulin pump…”

Read the full article here.

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Consent

Here’s part of an encouraging article by Sarah Estrella for Examiner.com:

‘Where does consent begin and end in the eyes of the law when it comes to rough sex involving dominance and submission play?

Should adults engaging in consensual sexual behavior be subject to criminal laws including assault and battery? What local, state, or federal laws could be used against you for engaging in consensual BDSM activity? What does consent mean, who can give it, and what are its limits? How do we distinguish between consensual BDSM and domestic violence or abuse when such matters come before our law enforcement officials and enter into the court system? What are the boundaries of consent and sexual freedom?

This week on Tuesday October 19 the National Coalition for Sexual Freedom brings its Consent Counts project to San Francisco for a presentation on BDSM (bondage, discipline, sadism, masochism) and the law featuring presentations by NCSF’s Judy Guerin and Richard Cunningham, Esq. The discussion on decriminalizing BDSM will be held at 7pm at the Law Offices of Alex Austin & Shannan Rapoport, 799 Castro Street. Please RSVP to Judy Guerin at judy@ncsfreedom.org or 202-494-9555.

Through the Consent Counts project, the NCSF aims to decriminalize consensual BDSM behavior by creating “legal language that clarifies consensual BDSM is not the intent or purpose of laws such as battery if the behavior is between consenting adults.”

Via NCSF.wordpress.com:

The National Coalition for Sexual Freedom is a national organization committed to creating a political, legal, and social environment in the United States that advances equal rights of consenting adults who practice forms of alternative sexual expression. NCSF is primarily focused on the rights of consenting adults in the SM-leather-fetish, swing, and polyamory communities, who often face discrimination because of their sexual expression.

The Consent Counts project began in 2007 at the National Gay & Lesbian Task Force’s Creating Change conference, and was announced as a major project of the NCSF in August 2009…’

Full article here.