Bdsm And The Law.

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28 December 2016
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1,350
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Leicester
Something that's concerned me for a while is the law and bdsm.

Abuse comes in many forms and for those that wish to pursue that evenue it is very easy to hide in the world of bdsm.
However for those of us that are open and honest about our play and consider the welfare of others at all times we are still wide open to accusations of abuse and the law would support that.
Jealousy, miss-understanding, anger at a situation and many other things could all lead to accusations being made.

Does this concern anyone else?
Anyone else give it much thought?
I always make sure that I have signed consent if I feel any play is going to venture any further than the very lightest of impact play or be private and not witnessed by others.
Any one else consider their own legal standing?
 
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M

meet_the_fockers

As always your posts re BDSM fascinate me..
Consent forms? Never even entered my head such a thing.. interested to see how, this pans out.
 
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28 December 2016
612
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Leicester
Just a thought:
Would that signed consent stand up in a court of law? Has it been drawn up by a solicitor?
Has the person been forced to sign?
Is it worth the paper it's written on so to speak?

Unfortunately I don't have the finances to pay a solicitor to draw up a contract every time for play.
But I would hope that other consent forms matched with witness statements from the previous playmates that signed them would at least vouch for my character not only in general but when playing to.
Of course it's not a legally binding document as no legal official officiated over its signing but it shows intent I think. It shows limits have been agreed and they are witnessed by another as well.
So not legally binding, but I would hope that combined with other precautions it would at least demonstrate I have done everything I can to protect myself and those invovled.
The only alternative is don't play atall or don't try and take any precautions and neither really sit well with me.
 
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M

meet_the_fockers

Unfortunately I don't have the finances to pay a solicitor to draw up a contract every time for play.
But I would hope that other consent forms matched with witness statements from the previous playmates that signed them would at least vouch for my character not only in general but when playing to.
Of course it's not a legally binding document as no legal official officiated over its signing but it shows intent I think. It show limits have been agreed and they are witnesses by another as well.
So not legally binding, but I would hope that combined with other precautions it would at least demonstrate I have done everything I can to protect myself and those invovled.
The only alternative is don't play atall or don't try and take any precautions and neither really sit well with me.
Blimey..
 
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28 December 2016
612
1,350
City
Leicester

It's actually pretty simple to do and those I have done it with have had no issue atall. All bdsm should be accompanied by prior discussion and it's simple to finish with 'well now we have got all that out of the way you'll need to give me your permission to do it ;)'.
 
B

Bump-n-Grind

It's a minefield, essentially by law no one can consent to having pain inflicted, assault or such things, much along the same lines as euthanasia.
Mental heath is a big factor in the reason why you can't consent to this in the eyes of the law.
We were told this by a swinger friend that works with law as admittedly we're not that au fait with bdsm
 
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28 December 2016
612
1,350
City
Leicester
It's a minefield, essentially by law no one can consent to having pain inflicted, assault or such things, much along the same lines as euthanasia.
Mental heath is a big factor in the reason why you can't consent to this in the eyes of the law.
We were told this by a swinger friend that works with law as admittedly we're not that au fait with bdsm

Yes I knew that you couldn't actually consent to some types of play and there is an awful lot of grey involved too. Things like piercings, branding, tattoo's could all be labelled assault for example.
But I would hope that if you have signed consent and others that signed a similar agreement with you prepared to state they were always treated fairly and not abused in their eyes that it would add up to something towards a defense.
I'd rather have it than not I know that much, I'm aware other Dominants and Domme's I've met feel the same. So we do what we can.
 
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28 December 2016
612
1,350
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Leicester
Totally different scenario now, my ex had a pre-nup drawn up by a solicitor signed and witnessed with his now ex wife, it never stood up in a court of law!
I do wonder if any of it would protect you.
What if someone was in that lifestyle when you played with them, years down the line they are called as a witness for you due to signing a contract but they had now changed their lifestyle and views!
It's a difficult one.

Yes it is similar in that it isn't legally binding.
Though not doing anything and just plain taking the risk doesn't sit right either. I have to do what I can to try and protect myself and I think it adds a certain reassurance for submissives that choose to play with me as a Dominant. At least it shows thought.
It does involve all kinds of grey areas and potential for problems. Which is why I highlighted it because those that choose this type of play should be aware of what that type of play means for them and the risks they take. Many many have no idea at all since 50 Shades. It is not something to be taken lightly at all.
 
M

meet_the_fockers

It's actually pretty simple to do and those I have done it with have had no issue atall. All bdsm should be accompanied by prior discussion and it's simple to finish with 'well now we have got all that out of the way you'll need to give me your permission to do it ;)'.
:eek::censored::noidy::ninja: