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Displaying items by tag: Decriminalization

OUR MISSION: 

Mission: To decriminalize consensual BDSM (Bondage, Discipline, Dominance/submission, sadomasochism) in U.S. law by ensuring that consent will be recognized as a defense to criminal charges brought under assault laws and other statutes.

Unlike most other sexual issues (rape, for example), BDSM activities—a “scene”, a dungeon party, a Dominant/submissive or Master/slave relationship—can result in a criminal prosecution and conviction even where the activity is entirely consensual. It’s important to remember that most BDSM activities are treated as violence and not sex. This is not speculation; in 2010, NCSF’s incident response help line received 204 requests for help concerning criminal prosecutions.

NCSF’s research of cases throughout the United States revealed that not a single appellate court decision has allowed consent as a defense to a BDSM-based criminal prosecution for assault, sexual abuse, etc. Even where a state law allows the consent defense in cases that do not involve “serious bodily injury,” appellate courts have ruled that the use of nipple clamps or hot wax produces “serious bodily injury”.

The realization that our communities are at risk of criminal prosecution led to the launch of the “Consent Counts” initiative in 2006 at a Leather Leadership Roundtable at NGLTF’s Creating Change. At this Roundtable and one held subsequently at the Leather Leadership Conference, decriminalization of consensual BDSM was determined to be the number one priority of the BDSM/Leather/Fetish communities.  It was subsequently determined that NCSF would take a leadership and coordinating role.  This is, with the related initiative to change the way BDSM is viewed by psychiatry in the DSM criteria, NCSF’s most important project.

Our “Consent Counts” initiative is multi-faceted. We have researched the statutes, court decisions and relevant law review articles in all 50 states, and the results of that research are available on the NCSF website. We are presenting programs and holding meetings with our communities across the country, to build understanding of the issues and to develop consensus on an effective approach to nationwide activism. A national discussion guide has been created to facilitate local discussions to assist in the drafting of a community-wide statement on consent at LLC at Seattle 2013 with the goal of decriminalization and to promote local and national activism.  This aspect of our initiative also includes an EOP focused on Frequently Asked Questions about the criminal law issues and on Best Practices by which individuals and groups can reduce the likelihood of prosecution and—equally important—enable us to argue more effectively that what we do is mutually pleasurable erotic activity (not violence) and
that care is taken to ensure consensuality and avoid excessive stimulation or unintended harm. In addition, NCSF has published primers for both alleged victims and for those accused of consent violations.

The activism aspect of “Consent Counts” will be equally multifaceted. We have already begun reaching out to law enforcement, to legislators and to educators. In the coming year, we will be presenting continuing legal education (CLE) programs to lawyers, working with bar associations and law student groups, and participating selectively with “friend of the court” briefs in legal cases. Further down the road is the development of grass roots activism to change state laws and law enforcement practices.

In all of this, we need your help. You can report BDSM-related criminal investigations and prosecutions to NCSF. Your local groups can host “Consent Counts” presentations and discussions on activism strategies and on community practices that can help avoid criminal problems. As we go forward, we are seeking volunteers for various forms of activism and educational outreach. And, of course, your continuing donations to the NCSF Foundation (tax-deductible) and NCSF are essential for making this project effective.


Because your sexual expression...

  • Can result in discrimination, prosecution, and even violence against you
  • Can cause you to lose your children
  • Can cause you to lose your job or your income
  • Can lead you into a maze of antiquated laws and regulations you never even knew existed
  • Is arbitrarily criminalized by state and local authorities
  • Is used by the radical right to marginalize minority groups
  • Can result in the invasion of your privacy by the government, both within your own home or in educational, social and group environments  
Published in Tabs
DSM-V in the News

DSM-V in the News

  • The DSM-5 Says Kink is OK!

    The DSM-5 Says Kink is OK!   The American Psychiatric Association has depathologized kinky sex – including cross-dressing, fetishes, and BDSM – in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5). Now the paraphilias are considered to be “unusual sexual interests,” while those who have sex with children or people who haven’t consented, or who deliberately cause harm to themselves or others, may be diagnosed with a…






    Tags: DSM
  • Press Release - DSM Update 2/16/10

    The APA Paraphilias Subworkgroup Agrees: Kinky is NOT a Diagnosis!






    Tags: DSM
  • Press Release - Kinky is NOT a Diagnosis 02-02-10

    Press Release - Kinky is NOT a Diagnosis






    Tags: DSM Kinky
  • Action Alert - DSM Petition 10/15/09

    Kinky is NOT a Diagnosis Help make history by signing the DSM Revision Petition now! The diagnoses in the DSM-IV-TR still subject people who practice BDSM, fetishes and cross-dressing to bias, discrimination and social sanctions without any scientific basis. We need 3,000 signatures, but we only have 2,200 now. If you don't speak up and call on the American Psychiatric Association to adhere to empirical research when revising the diagnoses…






    Tags: DSM Leather Fetish
  • Press Release - Sweeden Takes Sexual Behaviors Off Their Disease List

    Sweden takes sexual behaviors off their disease list November 25, 2008 - The Swedish National Board of Health and Welfare is declassifying sexual behaviors as mental illnesses to avoid strengthening prejudice against the behaviors, the Swedish news service Tidningarnas Telegrambyra reported last week. The diagnoses which will soon disappear from the disease registry include sadomasochism, fetishism, fetishistic transvestitism, transvestitism, gender identity disorder in youth, and multiple disorders of sexual preferences. NCSF…






    Tags: DSM Sexual Behaviors
  • Press Release - NCSF Marching Forward

    FOR IMMEDIATE RELEASE National Coalition for Sexual Freedom     Marching Forward: NCSF proactively advocates for sexual freedom   November 19, 2008 - NCSF is proud to be the only group in the country with a national mission committed to changing the political, legal and social environment for those involved with the BDSM, swing and polyamory communities. The new board of NCSF was voted in at the annual Coalition Partner…






    Tags: DSM Incident Response KAP Media Outreach EOP
  • Action Alert - Religious political extremists attack The Task Force for "Leather Leadership Award"

    February 13, 2008 - The American Family News Network posted an inflammatory article condemning the National Gay and Lesbian Task Force for honoring Guy Baldwin with  their Leather Leadership Award at the 20th National Conference on LGBT Equality:  Creating Change, on February 6-10, 2008 (www.thetaskforce.org). According to the February 7th article: Peter LaBarbera, executive director of Americans for Truth commented that he is  not sure if he is more surprised…






    Tags: DSM Creating Change Conference Task Force Award Leather LGBT
Resources
Learn More about DSM-V
ACT Now - Request a workshop about the DSM Revision project
Request a workshop from our Education Outreach Program on this issue.

DSM-V: We're Making a Difference

  • Over 3000 signatures on DSM-V Revision Petition submitted APA
  • NCSF Letter to the Editor published in Archives of Sexual Behavior
  • NCSF has helped successfully lobby for the new proposed changes to the DSM-V which depathologizes BDSM

About DSM-V Revision Project

The DSM Revision project is attempting to depathologize BDSM in the APA Diagnostic and Statistic Manual.

Goal:
The goal of the DSM-V Revision Project is to keep people from being discriminated against and persecuted because the current APA guidelines say BDSM is indicative of mental illness.

Contact:
Susan Wright
,
NCSF Board Member
Director of the DSM-V Revision Project.
susan@ncsfreedom.org

GIVE Now - Support NCSF DSM Revision work
Help fund education efforts to the APA and therapeutic professionals
JOIN Now - Become a member of the NCSF
Join NCSF and help support our work to depatholigize BDSM