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"Federal Court Rules You Have No Constitutional Right to Engage in 100% Consensual Rough Sex"

on Tuesday, 08 March 2016. Posted in Consent Counts, Front Page Headline, Media Updates

The Free Thought Project

by Matt Agorist

The United States District Court for the Eastern District of Virginia released its decision in the case of Doe v. George Mason University et al. and, for some reason, they felt compelled to weigh in on whether there is a constitutional right to engage in consensual BDSM sex. Their answer is, ‘no.’

In the case of Doe v. George Mason University et al., a George Mason student was expelled for allegedly having sex with a woman without her consent because he failed to stop their BDSM sex after his partner said the ‘safe word.’

The plaintiff alleged that the George Mason University administration “‘disregarded’ the BDSM context of the relationship and how it ‘affected matters like consent and related issues’ and treated a BDSM relationship as ‘per se sexual misconduct,’” and thus violated his right to engage in consensual sexual activity as well.+

There is no question, forcing sex on an unwilling partner is rape and is reprehensible in any capacity. However, the court’s ruling went on to address consent as well.

In their decision, the court addressed the entire practice known collectively as “BDSM,” which is an acronym for the acts it entails, namely bondage, discipline, dominance, submission, sadism, and masochism.

The court found that banning or outlawing consensual BDSM is justified as it will ‘protect’ any future participants who may be harmed by their decision to engage in such acts.

“A legislative restriction on BDSM activity is justifiable by reference to the state’s interest in the protection of vulnerable persons, i.e. sexual partners placed in situations with an elevated risk of physical harm,” stated the ruling.

The slippery logic used by the court for their justification, in this case, is dangerous. The court claims since there is no deeply rooted history in BDSM, then the federal government has every right to ban it, in spite of the act being entirely consensual. ...

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