NCSF on Twitter   Subscribe to the NCSF RSS Feed   NCSF Blog

Nebraska v Van

An argument based on Lawrence v. Texas was rejected in the Nebraska case of State v. Van, 268 Neb.814 (2004).  Van was convicted of first-degree assault on the basis of an extended imprisonment and extremely intense BDSM/torture of a gay male submissive.  The submissive initially consented to practices that were quite intense, but the evidence was in conflict as to whether he later withdrew that consent.  On appeal, defendant Van argued that this was a case of “two adults who, with complete and mutual consent, engaged in sexual practices common to their homosexual, BDSM lifestyle” and as such was protected under Lawrence v. Texas.

Rejecting that argument, the court made three points.  First, it noted that the Lawrence opinion contained a phrase that its doctrine only applies “absent injury to a person”.  Second, the court emphasized that the evidence on the issue of consent was not clear-cut.  Finally, and most fundamentally, the court held—citing the other decisions discussed in this paper—that consent is not a defense to a charge of assault:

Our statutes defining first and second degree assault include no reference to consent…This court has held that “all attempts to do physical violence which amount to a statutory assault are unlawful and a breach of the peace, and a person cannot consent to an unlawful assault”.

Click to open Nebraska v Van PDF

Consent Counts

Consent Counts

Learn More about Consent Counts
In the News

In the News

  • NCSF’s Coalition Partners Join Together for Consent Summit

    NCSF’s Coalition Partners Join Together for Consent Summit   The National Coalition for Sexual Freedom held its annual Coalition Partner meeting in Phoenix, Arizona from February 8-10, 2013. The Consent Summit took place Friday evening, and Coalition Partners were able to participate via streaming video to give their input on the new Consent Statement. Go to to see the Consent Statement and comment on it.   “The Consent Statement…

    Tags: Consent_Counts
  • NCSF Survey on Consent

    FOR IMMEDIATE RELEASE National Coalition for Sexual Freedom NCSF Survey on Consent The National Coalition for Sexual Freedom (NCSF) wants to hear from you! Please take our Consent Counts survey and tell us what you think about consent: As part of decriminalizing BDSM in the legal codes, we need to be able to articulate a clear definition of consent that the BDSM communities believe in. The results of this…

    Tags: Survey Consent Counts consent fetlife
  • NCSF Launches the Next Chapter for Consent Counts

    NCSF Launches the Next Chapter for Consent Counts February 27, 2012 The National Coalition for Sexual Freedom (NCSF) announces two new publications as part of its nationwide campaign, Consent Counts. The Consent Counts Project was launched by the BDSM-leather-fetish communities in 2006 to decriminalize consensual BDSM in U.S. law by ensuring that consent will be recognized as a defense to criminal charges brought under assault laws and other statutes. "For…

    Tags: Consent_Counts Press Release consent
  • Action Alert - Take Action Californians!

    Our BDSM communities could be adversely impacted by a well-intentioned, but overly broad, piece of proposed criminal legislation that has been introduced by Senator Christine Kehoe in the California Senate.  NCSF is asking all of you to sign and send to NCSF letters (a draft is attached below) that we can introduce if necessary at a hearing likely to be held in April, 2011. The purpose of the bill, SB…

    Tags: Consent Counts action alerts california SB 430
  • NCSF Press Release - Missouri Indictment

    In an indictment rendered by a Grand Jury in the Western District of Missouri on September 9, 2010, five Missouri men allegedly participated in torturing a mentally disabled woman online or in person over a multi-year period when the victim was between the ages of 16 and 24. Among the charges are: Sex Trafficking by Force, Fraud or Coercion, Forced Labor Trafficking, Transportation for Sexual Activity, and Conspiracy. The allegations…

    Tags: Consent_Counts SSC Press Release Indictments
Share the Message! Download CONSENT COUNTS! stickers
Print on Avery stickers #8462 or equivalent
Download the Consent Counts Discussion Guide
Share the message - Consent Counts!

Consent Counts: We're Making a Difference

  • Completed Federal and State Legal Research
  • Developed Educational Programs and Outreach Materials
  • Built Alliances With Sexual Freedom Advocacy Groups

About Consent Counts

NCSF is leading a major national campaign—Consent Counts—to change the laws and police practices that our communities now endure, and to establish that consent is available as a defense in criminal BDSM prosecutions.

  • BDSM is prosecuted as assault in the U.S., even when it is consensual.
  • No state or appellate court has allowed consent as a defense to assault in BDSM cases.
  • Consent Counts is a nationwide project to decriminalize consensual BDSM.
Program Goals:
Consent Counts
is a nationwide project to decriminalize consensual BDSM through education, advocacy, legal actions and lobbying.


Judy Guerin
Director, Consent Counts 
Help us reach more communities