Review how law distinguishes between BDSM/CNC and sexual assault

Background

Review the legal framework which distinguishes BDSM from sexual assault. This framework should guide police and courts in assessing consent, including whether it was freely given, ongoing and could be withdrawn and outline prior discussion, agreed boundaries and absence of coercion or incapacity.

Additional details

The aim is to ensure that BDSM or CNC (consensual non consent) cannot be used to obscure or justify assault, while providing professionals with clear standards to assess these cases fairly and consistently. As established in R v Brown [1993], consent is not a general defence to actual bodily harm, yet we are concerned that current legal ambiguity makes it difficult for the justice system to distinguish between genuine consensual BDSM practices and cases of domestic abuse or assault.

Where it’s popular

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