Consent is not a Defence - The Legal Position in UK

[Pa****]

Consent is Not a Defense: The Legal Ruling that Criminalized Consensual BDSM in Britain

Awareness of the legalities should be made apparent to any UK user of this website.

The message is Proceed with Caution, 'BDSM contracts' or a partners consent will not fully protect you 

 In the late 1980s, British police launched a massive investigation into men who were participating in sadomasochistic acts with other men in the United Kingdom. Known as Operation Spanner, the investigation lasted three years. During that time, dozens of gay and bisexual men were questioned by the police and 16 of them were eventually prosecuted for engaging in consensual sadomasochistic acts that took place in private settings.

The ensuing trial led to a judgment from the House of Lords known as R v Brown, which established a legal precedent that holds today: consent is not a valid defense for committing bodily harm. The result is that it criminalized many BDSM acts and opened the door to prosecuting those who engage in them, even in the complete absence of someone making a victim complaint.

How did the court arrive at this judgment? In reviewing the records, it appears to have stemmed, in part, from the incorrect presumption that persons who have BDSM interests are “sick” and inherently inclined toward real-world vi0lence and society therefore needs to be protected from them. As stated in the judgment in this case made by Lord Templeman: “Society is entitled and bound to protect itself against a cult of vi0lence. Pleasure derived from the infliction of p@in is an evil thing. Cruelty is uncivilised.”

This judgment is interesting because it doesn’t extend to all forms of consensual vi0lence. In fact, bodily 1njury resulting from boxing or other sports isn’t addressed under R v Brown and has long been legal under British law. Sporting injuries are considered legally justified because the injured party consented to them.

A legal double standard for dealing with injuries sustained through sports and injuries sustained through consensual BDSM is not unique to Britain—it exists in the United States and many other parts of the world, too.

All of this raises the important question of what role (if any) governments should play in policing consensual sexual practices. Further, if consensual BDSM were to be legalized, some are concerned that people who commit sexual v1olence and domestic @buse might try to use it as legal cover to prevent themselves from being held accountable for their crimes

Edited September 8 by PaulKrendler
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[CaraVirt]

Community Note:
This post raises an important legal topic relevant to BDSM practitioners, especially in the UK. While we do not allow legal advice or political debates in our forums, we are sharing this content to raise awareness about the possible legal implications of consensual BDSM activities in certain jurisdictions.

Please note:
FET does not offer legal advice. If you're unsure about the legal status of specific practices in your country, we strongly recommend seeking guidance from a qualified local legal professional.

Our Legal Department is fully aware of the current legal situation in the UK, and we continuously monitor legislative developments that could affect our members' ability to explore kink safely and responsibly. We remain committed to keeping FET a respectful, informed, and risk-aware space for all kinksters.

For the sake of clarity and to prevent misinformation or speculative discussion, this thread is closed to replies.

Greetings, Carmen FET Team