|
|
|
erotica  fictiongallerylifestyles fetishbdsmqueer/bi/transswingersfeatures news briefsarticlessexy spreadseros bits sound offtriviasexfessionsreviewsevents sf archiveslondon archiveslos angeles archivesnew york archiveslas vegas archivesinternational calendareros photo classified ads about eros ezine daily cartoon select different zine:
|
 So, you've got your boyfriend tied to a cross. You bark orders at him while impaling him on your strap-on. Maybe you give him a short, sharp shock on the back of the head to help get your point across. You both love it. You're consenting adults, bearing out the fruit of your lust in a way that's not for everyone, but is a genuine (if slightly brutal) expression of your affection for this person. Stop that, this instant! You may not know it, but you and your lover are engaging in criminal conduct, and are subject to arrest and prosecution under British law. If you're a BDSM fetishist and you're aware of this, congratulations. According to BDSM human rights advocacy group The Spanner Trust, you may be in the minority among British practitioners of sadism and masochism. "My experience from discussions with people and emails we receive is that very many S/Mers are not aware that their S/M activities may be illegal," said Derek Cohen, secretary of The Spanner Trust.  Cohen said he believes this to be the case for three reasons:Reason One: "They assume that consenting adults in private can pretty well get up to anything—more so heterosexuals, who are less used to the law intruding into their sex lives than gay men," Cohen said. Reason Two: "The few cases there have been since Spanner delivered such contradictory rulings that there is no clear trend to use as a guide as to what is legal and illegal." Reason Three: "The original Spanner case, which got lots of publicity, was in the early 1990s. It involved only gay men. The chances are that many people will never or only vaguely have heard of the case and if they do know of it may have assumed that the ruling only applied to gay men." The Spanner Trust owes its name and its mission to a case in 1990, when 16 homosexuals were convicted of battery for inflicting bruises and minor injuries during the course of consensual sex during England's "Operation Spanner." Some of these men were even sent to prison for their "crime." Unfortunately, the police's most valuable tool in convicting these men was their own statements affirming their activity. The men, like many others in the scene, had no idea that their sadomasochistic adventures were illegal, since they were completely consensual. However, British law states that one cannot engage in what is deemed "trifling." While the term trifling can be interpreted in different ways, depending upon the magistrate overseeing the case, the following would most likely apply—any sexual activity that would leave lasting marks, scars, bruises, etc. And since this could be interpreted to include even a hickey or love bite, judges are afforded a fairly wide berth. According to The Spanner Trust, since the Spanner case "a number of court cases have caused greater confusion with defendants being convicted or acquitted seemingly at random. And one judge, using a couple's married status as the reason for his acquittal, exposed the way the courts discriminate against people based on their sexuality." In the wake of this controversial ruling, it's been the Trust's aim to both inform fetishists of their rights (or lack thereof), and to implore the Home Office to put an end to discriminatory laws which allow the government to waggle its finger and flex its will in the private chambers of its citizens. The Spanner Trust, as well as similar BDSM rights advocates such as SM Gays, had hoped that the Home Office's much-ballyhooed Sexual Offences Reform Bill would address these issues of basic human rights. But, much to the Trust's disappointment, the bill completely ignored the subject of consensual S/M activity, despite amending laws related to once-controversial sexual practices such as homosexuality.  "The Sexual Offences Reform Bill published by the government today doesn't go far enough and still leaves the human rights of some adults infringed as far as their sex lives are concerned," said Cohen.In a statement released to the media last Wednesday, Cohen and the Trust stated that the law presently is at odds with article eight of the international Convention on Human Rights, and the group had advised authorities to amend the law in compliance. "The Spanner Trust warned the government that the current law contravenes the human rights of consenting adults who engage in sexual activities which cause non-serious injury," said Cohen. "But they have chosen not to redress this injustice. It's a pity because aside from this the Sexual Offences Bill is extremely comprehensive, covering nearly every other aspect of sexual activity." In the wake of the bill's publication, Cohen said that if the bill is passed without a suitable amendment, the Spanner Trust would make a free standing application in the High Court which would force the government to change the law anyway. If you practice S/M, and are concerned with how the House of Lords views your activity (and you should be), or would like to get involved in the battle to reform the law, it would be wise to take a gander at the Spanner Trust website (www.spannertrust.org), which contains a fine repository of information on the subject. It also features legal tips on what to do if charges are levied against you, and how to avoid them without compromising your lifestyle.
|
|
|
 |
|