Your safety and the law please read .

[Deleted Member]

Below is a post from a well respected site 

Laying out the actual rule of law.  This shows that anyone into impact play or anything related should take heed.  To actually think long and hard about what you are doing and who you are doing with.  

Too many people step into this lifestyle with no real concept of the damage that can be done.  This is no big game and could easily land you in a POLICE cell .  

Dont for one moment think you know better because you dont.  It's a player beware.

 

 

Consent is no defense in the UK - Never Forget: Operation Spanner

Operation Spanner was a police investigation into same-sex male sadomasochism across England in the late 1980s. In Thatcher's Britain.

The investigation culminated in a report naming 43 individuals, of whom the Director of Public Prosecutions chose to prosecute 16 men for assault occasioning actual bodily harm, unlawful wounding and other offences related to consensual, private sadomasochistic sex sessions held in various locations between 1978 and 1987.

A resulting House of Lords judgement, R v Brown, ruled that consent was not a valid legal defense for actual bodily harm in Britain. (It is often incorrectly assumed this was not applicable to heterosexual couples, this was clarified in the case of R v Emmett)

The case sparked a national conversation about the limits of consent and the role of government in sexual encounters between consenting adults. It also spawned two activist organisations dedicated to promoting the rights of sadomasochists and an annual SM Pride parade through Central London.

Obviously English law doesn't apply in Scotland, and in Scots Law there are other cases where the possibility of using consent as a defence from being prosecuted for assault while the other party consents. Smart v HM Advocate decided 24 January 1975 it was ruled that consent was not a suitable defense in times of someone consenting to assault. This was not a BDSM case but rather a case where a man had agreed to fight another and thus had consented to the *** that would ensue.

There was a challenge in Scotland lead by Green MSP Patrick Harvie in 2009 to allow for a distinction to be made for BDSM acts between consenting adults to be protected from *** of prosecution of assault. However, this was dismissed due to ***s of created a potential loophole in the law abusive partners could leverage to excuse non-consensual abusive behavior.

Details found here and here.

Therefore because you cannot consent to assault, impact play in the BDSM world is actually illegal in Scotland and the UK. A lot of people don't seem to realise this. Yes, BDSM has become more accepted within society in the wake of the release of the film "The Secretary" and "50 Shades of Grey" but strictly speaking much of these acts are still considered illegal in the UK.

This puts BDSM tops in Scotland in a very precarious position each time they play with someone. It's why I am so careful with who I play and why I never do club pickup play. I need to trust the person I'm playing with because each and every time I play with someone I take a huge risk. Just as each time a partner chooses to place their trust in me to safely do a scene with them, I trust them not to call the police afterwards and have me charged. It's truly a bizarre state of affairs when a completely consensual sexual act between two consenting adults could be so legally perilous.

Furthermore, in Scotland in cases of domestic *** the Police are compelled to investigate third party claims of domestic ***. In other words, if someone decided to cause trouble for you they could watch you play at a BDSM club with a partner, then contact the police as a "concerned citizen" and report a case of domestic *** and theoretically you and your partners would be questioned by the police.

It's unclear how likely it would be that any of this would actually happen. I am unaware of any case like this in the Scottish scene since I've been involved in it and this is more of a worrying potential danger than any realistic and likely legal peril. But it still should be considered, especially as our government is moving further to the right in the United Kingdom, it's possible the societal acceptance we have somewhat enjoyed in the last decade following the release of 50 shades could be short lived, but it could also be here to stay. Either way, it pays to be mindful of this information and the unfortunate fate of the men who were so treated so badly at the hands of society, the police, and the judiciary in Operation Spanner.

 

[Dreamaway]

Wasn't this the guys nailing each other's bollacks to a piece of wood, who eventually sank to killing a young lad in the name of sexual pleasure after inflicting terrible *** upon him. There has to be a law regarding violent play and consent although I suspect that if the price is right most sordid perversions and *** could be bought for the right price. We have to protect the innocent and naive as, unfortunately, there are lowlife thugs out there who think BDSM relates to them satisfying their need for mindless ***, thuggery. Also, the beginners need protection from those who think consent to be spanked gives the right to full sex afterwards. Not so. As you say, a dangerous area. Good post.

[ey****]

it's something that's often somewhat important to keep in mind; we are technically breaking the law.  But, from cases over 30 years ago there's been no real follow up.

Some clubs did have problems in the 90s with being raided by police.  But, for example, I know one of our local fetish dungeons has had visits from both the police and council who are aware and happy with what goes on (but they have to keep visiting as, whilst they're happy, some local residents are not) 

-

A story I'm also aware of in the US involved a mainstream porn actor who, when work dried up, got a job in health care.   He was recognised by some patients and had to be dismissed because the hospital knew any form of lawsuit regarding any allegations on his behaviour would see this brought up and used against them.  

This is another reason why it's important to consider discretion around your workplace.   Because an employer could see things disadvantaged to them if you're active in kink (and that also, you are the companies asset and so if you are engaging in activities potentially damaging to your health, this may be a breach of contract....) 

[Deleted Member]

Minor, but significant point:

”in Scotland and the UK”

Scotland is as much part of the UK as Wales, Northern Ireland and England. 
I have previously posted about the dangers of breath play involving asphyxiation. All of the above applies. 
Good post, thanks. 

[typhoon2]

For England and Wales the relevant legislation is the Offences Against the Person Act 1861, as amended by the Criminal Justice Act 1988. It establishes that it is an arrestable offence (ie. criminal, not civil) to touch someone without justification. The three strands - in simple terms Common Assault, Actual Bodily Harm and Grevious Bodily Harm - are dealt with differently. The first has an allowable defence of consent if the injuries are 'trifling and transient', but otherwise there is no defence of consent. There is precious little interpretation of 'trifling and transient' provided by the Crown Prosecution Service. I've heard of 'requiring medical attention', which could mean an air ambulance attending or rubbing it better. I've heard of marks still visible after three days. The truth is that each *** or even investigating officers will treat things differently, but strangely there seem to be no specific cases since the Spanner series all those years ago so it's very difficult to provide useful advice. The Minisitry of Justice confirmed to me that there are no plans to change the law (which, incidentally, is confirmed by the Supreme Court here and the highest European courts so it's absolutely watertight, if en***d, but there is little sign of police ***s hunting down kinksters.

That said, there is no cause for complacency. A trial would be a blessing compared to even the most basic investigation. Mobile phones, cameras and computers seized and pored over. Neighbours, friends, family and work colleagues interviewed (along with everyone who attended the same play party or event). Social services would get informed almost certainly, especially with responsibility for or access to children. My own benchmark, discussed with North Yorkshire Police and used at my parties, is for no broken skin, no bruises, no ***. A red buttock that is back to normal an hour later is optimal. Others have very different views but I should say that as an ex-copper I would arrest anyone that I believed inflicted bruises first and worry about how consensual they were later, especially in an age where domestic *** is a hot topic. It's also worth noting that failing to co-operate on the part of the perceived victim is also an offence - one can be charged with being an accessory to one's own assault!

Now this is applicable to England and Wales at the present time. Other jurisdictions may vary, although in practice most will be very similar. Unfortunately we have to be careful not only to protect our own play but also to watch out for the excesses of other kinksters who might stir up a hornet's nest. The kinksters who love to beat each other black and blue risk dragging us all under the bus with investigations and salacious gossip from the tabloids so steer clear of them and discourage such play at events - keep it private at teh very least.

[LazyPirate]

11 hours ago, Fredddy said:

Minor, but significant point:

”in Scotland and the UK”

Scotland is as much part of the UK as Wales, Northern Ireland and England. 
 

Scotland often has its own legislation on specific things (Scots law as mentioned) which whilst aligned with Westminster/the UK and the EU is administered by the devolved parliament which I believe was the point the original poster was trying to make.

[Deleted Member]

There is difference between Engilsh law and Scottish law. But the grounding is the same. I posted this specifically to provide awareness to people that just seem unable to take the dangers involved seriously. And the entitled mentality behind some peoples way of thinking. The thing to remember no matter how much care you take personally who you are playing with should also be a huge concern if it not plain and simple your an idiot and gave no place in this lifestyle or community. I understand that there will always be the types that use tbe banner of kink to perpetrate *** so it difficult to differentiate between kink and *** where the law is involved. This isn't going to change anytime soon so be carefull.