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The alleged offending occurred within the context of a polygamous BDSM lifestyle, with slaves in bdsm of young women allegedly pressured into sexual activity and subjected to physical violence by Davis and other men. BDSM activities pose a of unique challenge for police and prosecutors, who may not be aware of the distinction between consensual fun and abuse and other crimes under criminal law. One of the authors here, Nadia David, has spent six years researching BDSM, consent and the criminal law, speaking with hundreds of people who engage in these activities to gain a better understanding for the community.

BDSM activities range from rope play and spanking to piercing and nipple clamps, but all typically involve one or more partners taking on a more dominant role during sex, while others are more submissive. BDSM practices and interests are not in themselves pathologicalnor is there a strong connection between engaging in BDSM practices and risks of sexual offending. A recent study in Belgium found that One Australian study from found that 1. One of the most vehemently argued positions taken by anti-BDSM commentators is that BDSM is a replication and extension of male violence against women and other men and the broader misogynistic patriarchy in which women are oppressed.

There is certainly a more than passing similarity between BDSM and gendered violence to the casual observer.

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But there are two elements in authentic BDSM practices and relationships that are simply absent in abusive relationships and sexual encounters: consent and rules. These include myriad tools to ensure the safety of participants, such as checklists and traffic light systems. Our research reinforces that all BDSM practitioners consider consent to be absolutely fundamental. Consent is so ingrained in BDSM culture and practice that discussions before sexual play usually involve every detail of the planned session, including the exact activities that will be undertaken.

BDSM players use systems to ensure their partner is still consenting throughout the session and any transgression of this approach is taken extremely seriously as a violation of consent. Spontaneity is not prized in the BDSM world — consent is.

In BDSM, consent is not a passive acceptance slaves in bdsm a proposition. Dominants who push submissives or start play without explicit agreement are considered to be potentially abusive within the BDSM community. : Are you a pervert? Challenging the boundaries of sex. Davis, the subject of the Four Corners story, was charged with a of federal offencesincluding reducing a person to slavery, intentionally possessing a slave and causing a person to enter into or remain in servitude. Under NSW criminal law, for example, consent requires a person to freely and voluntarily agree to sexual activity.

Other states and territories have similar laws. Sexual consent can be withdrawn at any time. Moreover, consent in response to intimidating or coercive conduct or other threats is not real consent. In addition, in common law jurisdictions, a person can be charged with assault or injury offences whether or not the injured person had consented to the conduct.

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: We need a new definition of pornography - with consent at the centre. BDSM practitioners, however, are often failed by the criminal justice system.

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Those who report non-consensual play to police are often met with derision and a refusal to investigate, including victim-blaming and slut-shaming. Domestic and family violence can exist in all forms of relationships, including BDSM relationships.

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What is also important to remember is that BDSM is not domestic violence in itself. If all players are enthusiastic and consenting, then it can be a perfectly healthy form of sexual expression. Be Curious — Leeds, Leeds. Edition: Available editions United Kingdom.

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