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BDSM And The Law

Here is a big one, pay attention. This has happened many many times. During play you get kinda loud, you scream, as if your in pain, and guess who hears you. The neighbor down stairs in your apartment building.

What do they do? You guessed right, they called the police. Now your submissive is covered in wax, slight bruising on her breast and arms, her thighs and her hair looks like its been through a dishwasher.

Low and behold a knock at the door, you both hurry and dress and your dom answers the door.

There is a cop at  your door, what do you do? First off you do not invite in, make sure your submissive is there with you, looking the best she can under the circumstances . He will then ask you if there is a problem.

This is the tricky part, read this slow. The dom will answer nothing is wrong, just some safe, consensual, safe adult play. Remember those words, and both of you stick to that.

Do not allow them to come in, the police cannot enter your place of dwelling without a warrant. The police will probably ask you to step out side this is your call, they most likely want to separate the two of you  so they can get the story.

Now depending on which state you live in the police may try and charge one or the other maybe both with domestic violence. I know crazy right!

If this happens the state still may try to take the case to court, chances are the judge would throw it out, but the good news is there are BDSM friendly lawyers. If you are active in the community, chances are you have met, or someone would know how to contact one.

The Government in most cases has really taking things to far….

Remember we are a couple enjoying safe, consensual, adult play.. That will keep you out of trouble..

Read on it gets crazy….

I don’t think I ever intended to write about legalities of BDSM, nor is it an area I feel incredibly confident in talking about as the law is a very nebulous area that is wildly different from place to place. For the absolute answer on any legal question you may have you are definitely advised to talk to a lawyer in your own area. Another interesting thing about the law is that it is very flexible. A good lawyer can bring an astounding wealth of case-law to your defense.

For the most part, the United States of America (for that is the only body of law I am even reasonably familiar with) has a body of law that is quite sexually repressed. Many/most states have laws which regulate sexual activity (and some even dictate sexual positions!) between consenting adults, regardless of their gender. Visit http://www.dumblaws.com/ for some examples of foolish sexual laws. One of the other interesting things one can find there, is that in a few states it is still legal to beat one’s wife on the courthouse/townhall steps, except on Sunday.

With these things in mind, BDSM is an area which is not friendly to the mainstream. People hit, bind, “kidnap” and “rape”. These are not things that the law understands and distinguishes as ok because it is consentual as the law does not recognize the ability to consent to breaking the law.

With all that said, how can one even contemplate practicing BDSM? Well, it is still a consentual activity, and in many things are decided on the basis of the context they are practiced in – look at a boxing match or a football game, here are people violently assaulting each other yet no one is arrested or prosecuted except in extreme circumstances such as biting off the ear of an opponent. It is also an activity usually conducted in private and therefore hard to gather evidence. Many areas also feel very much that if there is no harm, there is no problem, and as long as the activity is consentual, there is nothing to be won by prosecuting (unless of course it’s an election year when all bets are off!).

What can you do to protect yourself? Unfortunately this is not an area where I can be much help. The best thing you can do is talk to a lawyer in your area and follow his/her recommendations. Failing that, cooperate and do NOT take an attitude with any officer of the law. Know your rights, know their job, know the law.

As always, play safe, and only with those you trust.

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