Legalities of BDSM
Posted 06-10-2011 at 09:13 PM by Counterfeit_Fantasy
Updated 06-11-2011 at 08:20 PM by Counterfeit_Fantasy
Updated 06-11-2011 at 08:20 PM by Counterfeit_Fantasy
Beware if the law. Remember to use your own brain to decide if the acts you practice are safe.
1. All human beings are born free and equal in dignity and rights
4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
18. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Slavery
Slavery, that being the treating of non-consenting human beings as chattel and property, is in fact illegal internationally. Selling and buying non-consenting human beings is also illegal and known as trafficking.
What makes slavery in terms of BDSM different? Consent, legally and physically able to leave where mental capacity is not harmed. Ironically speaking a slave chooses to be a slave and consents to the forms of "enslavement: withheld upon them. A Master should respect this space and keep in mind that the meaning of slave in context is not that outside the community.
Age of Majority vs Age of Consent
Age of Majority: "Threshold of adulthood as it is recognized or declared in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of their parents or guardian over and for them."
Age of Consent:"The minimum age at which a person is considered to be legally competent to consent to sexual acts".
To partake in BDSM both partners have to over the age of majority. Some of the aspects of BDSM such as intercourse, wax play, ice play, humiliation, biting, spanking, roleplay, and to an extent, bondage can be filed under the age of consent because they can be defined as "rough sex". Others such as needle play, public, attending events, distribution, sedation, caging, control (breathing, aspects of life, control exchange), body modification, and blood play are consider BDSM and float down the age of majority.
Please check your local law to see if these effect you!
As of the early 2000s many countries such as Whales and England have attempted to keep extreme forms of BDSM out of the media stream or exempt it completely from legality. This means the person within the law cannot distribute, participate or view extreme BDSM.
What is extreme? Life threatening acts, abuse, control of basic needs, or acts that can cause major harm to participator's body or surrounding property(electroplay, choking/suffocation, blood play, needle play, depriving basic needs). This is not defined as an act and therefor depictions of hanging, suicide, and rape or prohibited also.
BDSM videos are considered normal as long as both partners are over 18.
Media of BDSM is safe under the Charter of Rights and Freedoms: Freedom of expression as long as there is consent between both partners and federal/municipal laws are obeyed. Distribution however is not protected by the Charter: Freedom of expression.
A person must have an active mind during the specific sexual activity in order to legally consent. The Court ruled that it is a criminal offence to perform a sexual act on an unconscious person. So lie low on the choking!
The Charter of Rights and Freedoms also allows freedom of orientation. LGBT rights are recognized and legal as heterosexual rights.
As stated under the title "extremist", the law does not recognize the possibility of consenting to bodily injury other than playful acts like spanking. Even through consent, Human Rights operations does not allow physical or psychological harm for health and well being.
BDSM gatherings should be discrete. The Woodhull Sexual Freedom Alliance also protests in the UK. See listing below.
Woodhull Sexual Freedom Alliance emerged to represent the interests of sadomasochists as part of their mission to affirm sexual freedom as a fundamental human right.
LGBT rights and hate crimes vary between states but acts of LGBT (besides marriage, adoption and operations) may be done in the USA though hate crimes are fluent.
Acts of BDSM are considered negotiable, and with consent usually pass off. Consent must be given with an active mind without sedation for said acts to occur an both partners must be conscience at the time of intercourse.
Gatherings should not be in the public eye but may occur through a host in semi-private gatherings. Clothing and accessories labelled with BDSM type practices should be publicly decent and meet local dress codes, collars are usually allowed in public, though outside the community, may turn some heads.
A person must be 18 to view both normal and BDSM porn and join internet dating sites. They must also be 18 to participate in most multi cultural boards that deal with sexual explicit content such as Getdare. This does not apply for those asking/looking for advice or opinions. It also does not stop you from spouting the occasional dirty joke.
Human Rights-The Run Down
Rights and freedoms to which all humans are entitled.
Rights and freedoms to which all humans are entitled.
1. All human beings are born free and equal in dignity and rights
4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
18. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Slavery
Slavery, that being the treating of non-consenting human beings as chattel and property, is in fact illegal internationally. Selling and buying non-consenting human beings is also illegal and known as trafficking.
What makes slavery in terms of BDSM different? Consent, legally and physically able to leave where mental capacity is not harmed. Ironically speaking a slave chooses to be a slave and consents to the forms of "enslavement: withheld upon them. A Master should respect this space and keep in mind that the meaning of slave in context is not that outside the community.
Age of Majority vs Age of Consent
Age of Majority: "Threshold of adulthood as it is recognized or declared in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of their parents or guardian over and for them."
Age of Consent:"The minimum age at which a person is considered to be legally competent to consent to sexual acts".
To partake in BDSM both partners have to over the age of majority. Some of the aspects of BDSM such as intercourse, wax play, ice play, humiliation, biting, spanking, roleplay, and to an extent, bondage can be filed under the age of consent because they can be defined as "rough sex". Others such as needle play, public, attending events, distribution, sedation, caging, control (breathing, aspects of life, control exchange), body modification, and blood play are consider BDSM and float down the age of majority.
Extremist
Please check your local law to see if these effect you!
As of the early 2000s many countries such as Whales and England have attempted to keep extreme forms of BDSM out of the media stream or exempt it completely from legality. This means the person within the law cannot distribute, participate or view extreme BDSM.
What is extreme? Life threatening acts, abuse, control of basic needs, or acts that can cause major harm to participator's body or surrounding property(electroplay, choking/suffocation, blood play, needle play, depriving basic needs). This is not defined as an act and therefor depictions of hanging, suicide, and rape or prohibited also.
BDSM videos are considered normal as long as both partners are over 18.
Media of BDSM is safe under the Charter of Rights and Freedoms: Freedom of expression as long as there is consent between both partners and federal/municipal laws are obeyed. Distribution however is not protected by the Charter: Freedom of expression.
A person must have an active mind during the specific sexual activity in order to legally consent. The Court ruled that it is a criminal offence to perform a sexual act on an unconscious person. So lie low on the choking!
The Charter of Rights and Freedoms also allows freedom of orientation. LGBT rights are recognized and legal as heterosexual rights.
As stated under the title "extremist", the law does not recognize the possibility of consenting to bodily injury other than playful acts like spanking. Even through consent, Human Rights operations does not allow physical or psychological harm for health and well being.
BDSM gatherings should be discrete. The Woodhull Sexual Freedom Alliance also protests in the UK. See listing below.
LGBT rights and hate crimes vary between states but acts of LGBT (besides marriage, adoption and operations) may be done in the USA though hate crimes are fluent.
Acts of BDSM are considered negotiable, and with consent usually pass off. Consent must be given with an active mind without sedation for said acts to occur an both partners must be conscience at the time of intercourse.
Gatherings should not be in the public eye but may occur through a host in semi-private gatherings. Clothing and accessories labelled with BDSM type practices should be publicly decent and meet local dress codes, collars are usually allowed in public, though outside the community, may turn some heads.
Total Comments 6
Comments
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A very well written blog. For those in the UK Backlash ( http://www.backlash-uk.org.uk/ ) are a body trying to fight the extreme porn laws, but also give advice as to what is now illegal.
I would also point out that in the UK any injury that is more than 'trifling' would be counted as assault, so this is something that needs to be considered.Posted 06-11-2011 at 01:53 AM by Peekaboo 
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Thanks for this clears a lot up and will come in handy when it comes to people going "but whhyyyyy i can have sex at 16!!"Posted 06-11-2011 at 07:21 AM by Star Shadows
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Actually you may wish to rethink that, they could then say that they could participate in all of the things that fall under the age of consent category. Then you have a whole new argument on your hands.Quote:Originally Posted by Star Shadows
Thanks for this clears a lot up and will come in handy when it comes to people going "but whhyyyyy i can have sex at 16!!"Posted 06-11-2011 at 11:16 AM by nellybell
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Very well presented.Posted 06-12-2011 at 04:02 AM by theone
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Quote:Originally Posted by nellybell
Actually you may wish to rethink that, they could then say that they could participate in all of the things that fall under the age of consent category. Then you have a whole new argument on your hands.
shhh i still like it
Posted 06-14-2011 at 03:45 PM by Star Shadows
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Awesome post! Everybody should read this if they are interested in becoming sub/slaves of course not everyone takes the time.
Thank you for sharing this information
its really fun to learn more about bdsmPosted 09-10-2011 at 10:08 PM by Ghost
