Uas

Gallant, Richard

doi:10.31227/osf.io/xe3m9

Cited by 1 publication

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Where there is 'openness to BDSM' but 'ignorance about BDSM practices', 123 this creates a 'vulnerable spot' that is 'ripe for exploitation by individuals wishing to defend non-consensual sexual behaviour by using the language of BDSM'. 124 With the benefit of remedial education about the norms and conventions of BDSM culture, legal officials and processes are capable of sorting between cases involving BDSM and those involving bogus claims of BDSM. Such education would help ensure that legal officials 'do not make wrong assumptions about BDSM practices and permit violence … to be dressed up as consensual pleasure', 125 and would also benefit BDSM communities in terms of de-stigmatisation and better legal protection.…”

Section: Resultsmentioning

confidence: 99%

A Fine Line Between Pleasure and Pain: Would Decriminalising BDSM Permit Nonconsensual Abuse?

Bennett

2020

Liverpool Law Rev

View full text Add to dashboard Cite

The increasing social visibility of Bondage/Domination, Discipline/submission and Sadism/Masochism (BDSM) within Western society has placed pressure on the criminal law to account for why consensual BDSM activities continue to be criminalised where they involve the infliction of even minor injuries on participants. With moralistic and paternalistic justifications for criminalisation falling out of favour, one key justification that is gaining traction within international commentary on BDSM is the “bogus BDSM argument”. The bogus BDSM argument contends that BDSM activities should be criminalised because otherwise false claims of BDSM will be used by defendants to excuse or minimise their criminal liability for nonconsensual abuse. This article refutes this argument by showing how it relies on premises that are unjustifiable, illogical and irrelevant. This article concludes that the decriminalisation of BDSM would not permit nonconsensual abuse so long as legal officials were equipped with sufficient knowledge about the norms and conventions of BDSM culture.

show abstract

Section: Resultsmentioning

confidence: 99%