BDSM and the law

Politicians, courts and law officers often have to deal with what may appear to be abuse, pain or injury being caused by one person and being inflicted on another. So that the courts and the police can deal with these appropriately politicians create laws which attempt to define abuse. Sometimes they are successful, and sometimes they aren't. Some legal views of abuse are very simplistic.

In some legal jurisdictions abuse is defined---without exceptions---simply as one person striking another or causing pain for a another. Where this is the case, it means that impact play will be illegal. In other jurisdictions abuse can include "restraint of liberty" and this can mean that many, if not all, forms of bondage are illegal.

Abuse often extends beyond physical abuse to verbal and emotional abuse. This means that things like humiliation or military interrogation can also be illegal.

Importantly, in some jurisdictions consent is not a defence against prosecution. This means that in the eyes of the law it is not possible to legally consent to some forms of abuse. In particular this often applies where bruising, bleeding or other physical damage occurs. Thus, it's possible in some areas that you can be arrested and prosecuted for engaging in consensual BDSM in the privacy of your own home (if the police ever find out about it, of course).

In some jurisdictions the matter of intent is important and is taken into consideration when determining if some activity is legal or not. In other jurisdictions intent can be irrelevant.

We should note that the goal of some BDSM activities is to deliberately leave permanent marks. This can also fall afoul of the law. Marking includes tattooing, scarification and other forms of body modification. In some jurisdictions these may be illegal if performed outside of appropriately registered and authorised premises, or when done by someone who is not registered or authorised to do so.

It is wise to find out how the law in your local area views all of this, particularly if you plan on being in any way public with your BDSM life---such as joining the local pride parade in your leathers with your tied submissive in tow, or if you plan on doing any open-to-the-public workshops or demonstrations.