American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, 4th Edition. These criteria are listed in the Paraphilia section, pg. 525.
Diagnostic criteria for 302.83 Sexual Masochism:
Over a period of at least six months, recurrent, intense sexually arousing fantasies, sexual urges, or behaviors involving the act (real, not simulated) of being humiliated, beaten, bound or otherwise made to suffer.
The fantasies, sexual urges, or behaviors cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. Diagnostic criteria for 302.84 Sexual Sadism
Why do you call it SM instead of S&M?
The term "S&M" stands for Sadism and Masochism, and the historical definitions and depictions of S&M are often stereotyped and nonconsensual. The term "SM" stands for sadomasochism, which is a type of sexual orientation or behavior. Many people call it SM to emphasize the need for consent since both behaviors are united in a single word. SM is also sometimes referred as "leather," "Dominance & Submission," "D&S" and "BDSM".
Where did the terms Sadism and Masochism come from?
As the language has evolved, the contemporary definitions of sadism and masochism are changing. Sadism no longer implies non-consensuality, nor does it imply violence. It simply means that someone receives erotic gratification from the infliction of psychological or physical stimulation on a consenting partner. Conversely, a masochist is someone who enjoys receiving that psychological or physical stimulation.
The term 'sadism' was popularized by psychiatrist Richard von Krafft-Ebing in 1886 and stems from the writings of the Marquis de Sade (de Sade's writing style had been referred to as "le sadisme" for years, Krafft-Ebing was the first to use the term in a clinical manner). The case histories he reported primarily concerned nonconsensual sexual violence and were not about what we now call SM.
Krafft-Ebing also coined the term 'masochism' to describe the enjoyment of sexual servitude. He took the term from the writings of Leopold von Sacher-Masoch, a prominent Austrian novelist, who wrote about his own masochistic desires in novel form. Sacher-Masoch was alive at the time and not very happy about having a perversion named after him, as it defamed his grandfather. Sacher-Masoch was given his hypehenated name as an honor to his maternal grandfather; his mother was the only daughter of an esteemed public health physician. Dr. Masoch convinced the Austrian government to install the sewer system of Vienna, thereby preventing uncounted epidemics. It is ironic that this public health physician is remembered for a sexual diagnosis rather than for the good he actually accomplished.
Why do people do SM?
We do not know why some people are heterosexual and others are homosexual. We do not know why some people eroticize breasts and others legs. We do not understand how people develop any particular eroticism. We do know that no one has found any characteristic in childhood history, birth order, etc., that is more common among SM practitioners than the general public. Specifically, there is no indication that SM practitioners are more or less likely to have been spanked as children, or to have been the victim of sexual or other abuse as children.
Andreas Spengler did the first major study of those who identified as SM practitioners (1977). The only thing these devotees had in common was their high standard of living, social status, and education. 90% were perfectly happy with their sexual preferences, with their biggest burden being the social stigma attached to these acts. (A. Spengler, "Manifest Sadomasochism of Males: Results of an Empirical Study," Archives of Sexual Behavior, vol. 6, pp. 441-56.)
SM is about love and pleasure
SM is about sensation and stimulation, exchanging power, trusting one's partner, and sharing love and pleasure. Some SM practitioners seek "pain" but they want the sensation administered in a way that is ultimately pleasurable to them.
Sociologists Weinberg and Kamel wrote in 1995:
"Much S&M involves very little pain. Rather, many sadomasochists prefer acts such as verbal humiliation or abuse, cross-dressing, being tied up (bondage), mild spankings where no severe discomfort is involved, and the like. Often, it is the notion of being helpless and subject to the will of another that is sexually titillating... At the very core of sadomasochism is not pain but the idea of control - dominance and submission." (Thomas S. Weinberg and G.W. Kamel (1995). "S&M: An Introduction to the Study of Sadomasochism," S&M: Studies in Dominance and Submission, Prometheus Books, pg. 19.
Havelock Ellis, M.D., produced a groundbreaking study of sexuality: Studies of the Psychology of Sex, in which he wrote that the concept of pain is much misunderstood:
"The essence of sadomasochism is not so much "pain" as the overwhelming of one's senses - emotionally more than physically. Active sexual masochism has little to do with pain and everything to do with the search for emotional pleasure. When we understand that it is pain only, and not cruelty, that is the essential in this group of manifestations, we begin to come nearer to their explanation. The masochist desires to experience pain, but he generally desires that it should be inflicted in love; the sadist desires to inflict pain, but he desires that it should be felt as love...." (Havelock Ellis, M.D. (1926). Studies of the Psychology of Sex, F.A. Davis Company, pg. 160.)
You do not have to be afraid of people who engage in SM. SM players are doctors, lawyers, teachers, construction workers, fire fighters, secretaries and everything else you can imagine.
In her 1983 book Erotic Power, sociologist Gini Scott examined the dynamics of the heterosexual SM subculture.
She stated: "Unlike the psychiatrists and psychologists who deal primarily with psychologically troubled individuals who are also interested in D&S [Dominance and Submission], I did not find them to be psychologically troubled or socially inept; rather, a spirit of good humor and fun prevailed, and the participants appeared to be mostly attractive, quite ordinary-looking people who had ordinary relationships outside the D&S scene... A vast variety of people with a diverse range of erotic interests participate in sadomasochiSM. Their backgrounds, activities and attitudes are quite unlike the social stereotype that depicts sadomasochiSM as a form of violence, mischief, or mayhem perpetrated by the psychologically unstable who seek to hurt others or to be hurt themselves... At the core of the community are mostly sensible, rational respectable, otherwise quite ordinary people. Thus, quite unlike its public image, the community is a warm, close and supportive one."
Gini Scott (1983). Erotic Power, Citadel Press: pg. x.
October 20, 2005 - Attorney General Alberto Gonzales has announced that his office will specifically target "bestiality, urination, defecation, as well as sadistic and masochistic behavior" in pursuing new obscenity prosecutions. The Department of Justice began recruiting in late July for a new anti-obscenity squad to pursue obscenity prosecutions, and the FBI announced in September that it was forming an anti-obscenity task force to crack down on pornography.
Any website that has content containing "bestiality, urination, defecation, as well as sadistic and masochistic behavior" should be forewarned that prosecution is possible. Additionally, Federal sentencing guidelines state that any obscenity- related punishment should be "enhanced for sadomasochistic material."
Forty people and businesses have been convicted of obscenity since 2001, and 20 additional indictments are pending according to Andrew Oosterbaan, chief of the Justice Department's child exploitation and obscenity section. There were only four obscenity prosecutions during the eight years of the Clinton administration.
Though adult content is, in theory, protected by the First Amendment, only a jury can determine if a work is obscene or not under the subjective set of standards that vary from one community to the next established in the 1973 Supreme Court ruling, Miller v. California.
Text is not inherently more protected than images when it comes to obscenity charges. The erotic fiction website Red Rose Stories is facing obscenity charges after federal agents raided the owner's home on October 3rd, taking computer equipment and diskettes that contained all of their files and site information.
The Department of Justice is clearly hoping that websites will self-censor or remove their content entirely. Midori, a fetish model and SM educator who teaches classes on bondage, has removed her website, BeautyBound.com, citing fear of obscenity prosecution. The owner of three SM websites, known as GrandPa DeSade, removed his websites from the Internet. SuicideGirls.com also announced they are self-censoring their materials over concerns about a possible obscenity crackdown.
Recent prosecutions of obscenity on websites include: A former police officer in Lakeland, Florida, was arrested on October 7th on over 300 obscenity-related charges for the sexual content posted on his website. The same day, webmaster Chris Wilson, owner of amateur website NowThatsFuckedUp.com, was raided on charges of obscenity by a local Sheriff's office.
"I think it's crucial for us to stand up for consensual sadomasochism and other alternative sexual practices," says Barbara Nitke, fetish photographer. "This is a battle worth fighting, and I hope everyone who can will just censor out the most provocative material from their websites, but keep them up. I also appeal to the lawyers in our community to help us find ways to keep people's websites up."
Barbara Nitke and the National Coalition for Sexual Freedom (NCSF) have proactively challenged federal obscenity laws as applied to the Internet, arguing that obscenity laws based on "local community standards" are too vague and their existence burdens protected speech, resulting in self-censorship due to the fear of prosecution. A district court three-judge panel in New York ruled that while Nitke and the NCSF members were at risk, more proof was needed that obscenity laws cause otherwise protected speech to be restrained through acts of self-censorship. The case is currently on appeal to the United States Supreme Court.
"The effect of silencing alternative lifestyle speech was exactly why we brought the lawsuit," says attorney John Wirenius, lead counsel for NCSF. "The self- censorship we are seeing underscores the importance of supporting our ongoing obscenity challenge."
To contribute to the appeal of the CDA lawsuit, go to: www.ncsfreedom.org/donations.htm
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 www.ncsfreedom.org to see the Consent Statement and comment on it. “The Consent Statement…
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: www.ncsfreedom.org/survey.html 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…
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…
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…
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…
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.