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 430, is to permit effective prosecution of strangulation or suffocation "in domestic violence, sexual assault, child abuse and elder abuse cases." But the bill's application could go far beyond those situations and result in felony prosecutions for use of hoods, gags and the like in BDSM play. There would be no requirement of "an intent to kill or injure," or of "visible injuries," and there is no mention of consent as a defense.
NCSF has been in touch with Senator Kehoe's staff, which has seemed sympathetic, and has proposed modifications of the bill's language that would address our concerns. Now we need to follow up by presenting at the hearing as many letters as possible that support the goal of prosecuting domestic violence, but only if language is inserted that protects our communities.
We urge you to sign the attached letter, modified as you see fit, and send it back to NCSF.
I fully support the worthy goal of Senator Kehoe's proposed legislation, to ensure that strangulation and suffocation can be effectively prosecuted in cases of domestic violence, sexual assault, child abuse and elder abuse. But I am very concerned that SB 430 as now worded might be used to prosecute elements of non-harmful, consensual BDSM (Bondage, Domination/submission, Sadomasochism) activity between adults, such as the use of gags or hoods. This could subject millions of tax paying, law-abiding Americans to criminal prosecution, merely for engaging in erotic, mutually pleasurable conduct.
Therefore I and thousands of other Californians would be able to support this otherwise valuable legislation only if it is modified by specifically excluding non-assault activities.
I join you in urging Senator Kehoe to incorporate in this bill the language NCSF has proposed.
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…
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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.