The National Coalition for Sexual Freedom is proud to introduce a new range of educational materials and programs as part of its nationwide “Consent Counts Project.” This Consent Counts Library now includes:
· A comprehensive paper on Consent and BDSM: The State of the Law
· NCSF’s Statement on Power Exchange Relationships
· 1-page summary of NCSF’s Consent Statement
· Criminal Prosecution of Consensual BDSM—a Continuing Legal Education program that will be presented around the country beginning in 2014, and
· A series of educational programs featuring well-known sexual freedom activists.
Go to: https://ncsfreedom.org/key-programs/consent-counts/consent-counts.html
Consent and BDSM: The State of the Law is a detailed examination of how BDSM activity, even where clearly consensual, is prosecuted under state criminal laws dealing with assault, aggravated assault, sexual assault or sexual abuse. According to the law, the nature of the criminal offense is that one person causes physical harm—injury and/or intense pain—to another person. It is important to understand that the law sees this as causing harm, not engaging in mutually beneficial conduct. This means that the law treats BDSM as violence, not as sex. Challenging this legal interpretation is the goal of the Consent Counts Project.
In the Statement on Power Exchange Relationships, NCSF supports the rights of adults to enter into the full range of consensual power exchange relationships including: Master/slave, Total Power Exchange (TPE), 24/7 and Owner/property. This NCSF statement discusses both the ethical and legal concepts that are critical to understanding the meaning and importance of consent in power exchange relationships. From Jack McGeorge, the first Chairman of NCSF, to Kevin Carlson, the current Chairman, NCSF has benefited from the involvement of many volunteers who are in power exchange relationships. NCSF has directly helped thousands of people—including those in power exchange relationships—with job discrimination, child custody battles, criminal courts, victim services, and media intervention.
The 1-page Summary of NCSF’s Policy Statement on Consent is condensed version of the community-wide statement developed over many years through a series of surveys and group discussions held throughout the United States.
NCSF’s new Continuing Legal Education program is entitled: Criminal Prosecution of BDSM: Civil Liberties Collide with Morality-Based Judicial Decisions. This CLE addresses the legal and policy—not moral or political—issues raised by the criminal prosecution of consensual BDSM, principally under assault statutes, but also under criminal laws concerning trafficking, battery and sexual/spousal relationship abuse. In such prosecutions, every appellate court that has addressed the issue has found that consent is not allowed as a defense.
A series of programs featuring well-known sexual freedom activists are being scheduled around the country. The first such program, BDSM? Erotic Play? What Are The Legal Risks?, was presented in Chicago on October 19th and will be available on the NCSF YouTube channel: www.youtube.com/user/ncsfreedom. 2014 dates are being scheduled for presentations in Boston, Nashville, Phoenix, San Francisco, Seattle, South Florida, New York City and Washington, DC.
In addition to the Library, NCSF continues to pursue a range of activities in support of the Consent Counts Project, including:
· Supporting an ongoing Needs Assessment Survey: Intimate Partner Abuse Among Practitioners of BDSM/Leather/Kink Lifestyles, to gather information regarding the quality of experiences had by those who sought help from domestic violence service providers, or those who wanted to seek help, but did not do so.
· NCSF is creating a survey on Consent Violations that will be released soon. Watch for it!