Consent (BDSM)
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Consent within BDSM is when a participant gives their permission for certain acts or types of relationships. It bears much in common with the concept of
informed consent Informed consent is a principle in medical ethics and medical law, that a patient must have sufficient information and understanding before making decisions about their medical care. Pertinent information may include risks and benefits of treatme ...
and is simultaneously a
personal Personal may refer to: Aspects of persons' respective individualities * Privacy * Personality * Personal, personal advertisement, variety of classified advertisement used to find romance or friendship Companies * Personal, Inc., a Washington, ...
,
ethic Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concerns ma ...
al and
social Social organisms, including human(s), live collectively in interacting populations. This interaction is considered social whether they are aware of it or not, and whether the exchange is voluntary or not. Etymology The word "social" derives from ...
issue. It is an issue that attracts much attention within
BDSM BDSM is a variety of often erotic practices or roleplaying involving bondage, discipline, dominance and submission, sadomasochism, and other related interpersonal dynamics. Given the wide range of practices, some of which may be engaged ...
, resulting in competing models of consent such as
safe, sane and consensual The fundamental principles for the exercise of BDSM require that it be performed with the informed consent of all parties. Since the 1980s, many practitioners and organizations have adopted the motto safe, sane and consensual, commonly abbreviated ...
and
risk-aware consensual kink Risk-aware consensual kink (RACK, also risk-accepted consensual kink) is an acronym used by some of the BDSM community to describe a philosophical view that is generally permissive of certain risky sexual behaviors, as long as the participants a ...
. Observers from outside the BDSM community have also commented on the issue of consent in BDSM, sometimes referring to legal consent which is a separate and largely unrelated matter. However, the presence of explicit consent within BDSM can often have implications for
BDSM and the law Criminalization of consensual BDSM practices is usually not with explicit reference to BDSM, but results from the fact that such behavior as spanking or cuffing someone could be considered a breach of personal rights, which in principle constitut ...
and, depending on the country the participants are in, may make the differences between being prosecuted or not. Where an act has been previously consented to, the consent can be terminated at any point, and by any participant, through using a
safeword In BDSM, a safeword is a code word, series of code words or other signal used by a person to communicate their physical or emotional state, typically when approaching, or crossing, a physical, emotional, or moral boundary. Some safewords are used ...
. Within the BDSM community, it is generally considered a high risk activity to engage in BDSM without a safeword. Acts undertaken with a lack of explicit consent may be considered abusive and those who ignore the use of a safeword may be shunned within the BDSM
subculture A subculture is a group of people within a culture that differentiates itself from the parent culture to which it belongs, often maintaining some of its founding principles. Subcultures develop their own norms and values regarding cultural, poli ...
. One study has shown that BDSM negotiations to establish consent consist of four parts covering style of play, body parts, limits and safewords.


Concept

Consent is an explicit agreement to acts, terms and conditions. It can be confirmed verbally and/or in writing. The underlying principle is a
classical liberal Classical liberalism is a political tradition and a branch of liberalism that advocates free market and laissez-faire economics; civil liberties under the rule of law with especial emphasis on individual autonomy, limited government, economic ...
idea that a person's freedom can be measured by lack of interference with their personal choices. As in classical liberalism, the
harm principle The harm principle holds that the actions of individuals should only be limited to prevent harm to other individuals. John Stuart Mill articulated this principle in ''On Liberty'', where he argued that "The only purpose for which power can be r ...
comes into play. Consent, within BDSM and some academic schools of thought, is what separates legally actionable harm from legitimate personal freedom. Informed consent is the idea that consent is offered with sufficient information and understanding of what is being agreed upon. As in larger society, an impairment of mental state or decision making abilities is considered a state in which informed, rational consent cannot be offered. Consent given under coercion and pressure may also not be accepted. Another concept is contemporaneous consent, which is focused on when consent is offered and how it can be revoked. Legally, if someone says "no", "stop", or any other related things, you are obligated to stop. That is contemporaneous consent. This can conflict with concepts like
total power exchange In BDSM, Master/slave, M/s or sexual slavery is a relationship in which one individual serves another in a consensual authority-exchange structured relationship. Unlike Dominance and submission, Dominant/Submission, submissive structures found ...
and consensual nonconsent. This is an area of significant conflict within BDSM communities.


Scope

Consent is a vital element in all psychological play, and consent can be granted in many ways. Some employ a written form known as a "Dungeon negotiation form"; for others a simple verbal commitment is sufficient. Consent can be limited both in duration and content.


Temporary consent

It is not unusual to grant consent only for an hour or for an evening. When a scene lasts for more than a few hours, some might decide to draft a "scene contract" that defines what will happen and who is responsible for what. Some "contracts" can become quite detailed and run for many pages, especially if a scene is to last a weekend or more.


Indefinite and long term consent

For long term consent, a "Slave Contract" is sometimes used. BDSM "contracts" are ''only'' agreements between consenting adults and are not legally binding; in fact, the possession of one may be considered illegal in some areas. Slave contracts are simply a way of defining the nature and limits of the relationship. Other couples know each other's likes and dislikes and play accordingly. Such arrangements typically use a safeword, a signal by one or more of the participants that the action in question should either stop or that the session should end completely.


Consensual non-consent

Consensual non-consent, also called meta-consent and blanket consent, is a mutual agreement to be able to act as if consent has been
waived A waiver is the voluntary relinquishment or surrender of some known right or privilege. Regulatory agencies of state departments or the federal government may issue waivers to exempt companies from certain regulations. For example, a United St ...
. It is an agreement where comprehensive consent is given in advance, with the intent of it being irrevocable under most circumstances. This often occurs without foreknowledge of the exact actions planned. Consensual non-consent is considered a show of extreme trust and understanding. It is controversial within BDSM circles, even often frowned upon due to concerns about abuse and safety. It is mainly limited to those in Master/slave relationships. In recent years, the term has also been used for the practice in play sessions. In the past, the term consensual non-consent was reserved to committed relationships, while the play practice used the umbrella term of edge play. This expanded scope is contentious and the subject of acrimonious debates. In limited parts of the online BDSM community, "consensual non-consent" is instead used to refer to rape play that includes the use of safe words. This use of the term is commonly frowned upon, especially among
total power exchange In BDSM, Master/slave, M/s or sexual slavery is a relationship in which one individual serves another in a consensual authority-exchange structured relationship. Unlike Dominance and submission, Dominant/Submission, submissive structures found ...
lifestyle participants. Experienced practitioners of BDSM generally discourage others from using "consensual non-consent" to indicate rape play. This attitude arises from the belief that it is a miscommunication potentially leading to serious and irreparable psychological harm.


Negotiation

Negotiation is a discussion about what is acceptable and what is off limits between partners. It is a crucial element for consent within the BDSM subculture. Negotiation can be formal with a complete checklist of acceptable and unacceptable acts. It can also be informal, or ad hoc, as part of the regular flow of a relationship. The culture of BDSM encourages a more formalized and explicit process. Clear negotiation for consent is the norm. Informal negotiation is the process of discovering limits and interests along the way. Things are up for discussion and consent is granted on a case-by-case basis. However, over time the consent granted typically becomes broader before hitting a plateau. Negotiation in this sense resembles regular vanilla relationship discussions and debates. Formal negotiation goes through a comprehensive list of questions and disclosures. This can be a broad process, setting out the boundaries for a long-term relationship. It can also be a narrow process that only addresses one or two specific actions, like negotiating for hypnotic trance or a thuddy flogging (that involving broad implements). This is fairly popular with play partner arrangements and "pick up" play in BDSM clubs, as it helps set very clear boundaries.


Models and philosophy

BDSM communities share a common language of consent. Various models are expressed as acronyms representing differing approaches towards a philosophy of consent.


SSC

SSC stands for Safe, Sane, Consensual. It is far and away the most recognizable and popular model of consent in BDSM circles, though not without criticism.


RACK

RACK stands for Risk-Aware Consensual Kink. It is the second most popular consent model. It was created to overcome perceived shortcomings of SSC.


PRICK

PRICK stands for Personal Responsibility In Consensual Kink. It is an alternative to RACK that emphasizes personal responsibility for choices and consequences. It originally was said in 2002 at BDSM Overdrive. It has evolved into Personal Responsibility Informed Consensual Kink.


Other models

Other less well known models of consent in BDSM include CCC, which stands for Committed, Compassionate, Consensual and the 4 C's — Caring, Communication, Consent, Caution.


Legal aspects

Some activities in BDSM play may be considered to fall under legal definitions of
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
,
assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...
or similar crimes or
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
s, and potentially open participants to prosecution. However, many legal systems include a general defense that activities performed with the victim's consent shall not be considered a crime or a tort. This raises some legal and
ethical Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concerns ma ...
issues, such as: * What is consent? * Who can express consent? (For example: children are typically not considered to be able to give consent to sex.) * When do we define consent as given? * When is given consent invalidated? * And are there activities that we still cannot allow, even with the victim's consent? These concerns apply not only to BDSM but to every kind of interaction between persons. See
Consent (criminal) In criminal law, consent may be used as an excuse and prevent the defendant from incurring liability for what was done. Defences against criminal liability A defence against criminal liability may arise when a defendant can argue that, becau ...
for the general discussion. The issue of consent in BDSM has caused a controversy among the BDSM community in some countries, since certain activities, especially those considered to be
edgeplay In BDSM, edgeplay is a subjective term for activity (sexual or mentally manipulative) that may challenge the conventional safe, sane and consensual ("SSC") scheme; if one is aware of the risks and consequences and is willing to accept them, the ...
, remain unlawful even when consent has been freely given. In such countries, these activities will always be viewed by law enforcement as unlawful when discovered, even though the activities have been entirely private. The Spanner case in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
demonstrates the point, where participants in a consensual mutual BDSM play party were arrested. At all stages of appeal the national and European Court ruled against them on the basis that a person under
English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...
may not give consent to anything more than minor injury. The March 5, 2007 conviction of Glenn Marcus on counts of sex trafficking and forced labor in renewed much debate on the issue of consent in BDSM, both within and outside the community. In a similar case of an accusation made by a participant that the activities had not been consensual, in April 2007 two UK men were convicted of false imprisonment in a case where a third party who had been treated like a dog asserted the matter had not been consensual."Man was forced to live like a dog"
-
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broadca ...
.
Analysis of consent issues on BDSM forum
) Interested people may think that private mutual activities should not be the subject of law as a matter of public policy, a view which has some legal backing in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
from the case of ''
Lawrence v. Texas ''Lawrence v. Texas'', 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that most sanctions of criminal punishment for consensual, adult non- procreative sexual activity (commonly referred to as so ...
'' where it was effectively ruled that the state lacked the power to declare an activity illegal purely on the basis of moral opinion. As of February 2019, the law in the UK has been changed to allow for consent to acts that inflict injury.


See also

* Glossary of BDSM terms *
Limits Limit or Limits may refer to: Arts and media * ''Limit'' (manga), a manga by Keiko Suenobu * ''Limit'' (film), a South Korean film * Limit (music), a way to characterize harmony * "Limit" (song), a 2016 single by Luna Sea * "Limits", a 2019 ...
*
Negotiation Negotiation is a dialogue between two or more people or parties to reach the desired outcome regarding one or more issues of conflict. It is an interaction between entities who aspire to agree on matters of mutual interest. The agreement c ...
*
Safeword In BDSM, a safeword is a code word, series of code words or other signal used by a person to communicate their physical or emotional state, typically when approaching, or crossing, a physical, emotional, or moral boundary. Some safewords are used ...
*
Scene Scene (from Ancient Greek, Greek σκηνή ''skēnḗ'') may refer to: Arts, entertainment, and media Music *Scene (subculture), a youth subculture from the early 2000s characterized by a distinct music and style. Groups and performers * The S ...


References

{{DEFAULTSORT:Consent (Bdsm) Autonomy BDSM terminology Consent Sexual ethics Sexual misconduct