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Displaying items by tag: Legal

December 4, 2014 - Motion on behalf of the National Coalition for Sexual Freedom for leave to file a brief as amicus curiae in support of appellant's petitioin for grant of review. 

Clict to open the filed motion

March 26, 2014 – Washington DC. – NCSF has filed an amicus brief in a military case involving a marine who engaged in a consensual threesome and because of that was convicted of adultery, attempted consensual sodomy and indecent conduct, a "crime" based solely on undefined sexual conduct inconsistent with "common propriety."

Click to open Subject Index, Table of Authorities & Amicus Brief

Click to open Miles Motion

Click to open Miles Brief

Click to open Goverment Brief

Click to open Defense Response

Published in CC Legal

Indictments found and returned in the Superior Court Department on July 23, 2007.

The cases were tried before Richard E. Welch, III, J.

After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.

James L. Sultan for the defendant.

Kenneth E. Steinfield, Assistant District Attorney, for the Commonwealth.

CORDY, J. Based on an assault that occurred during the evening of June 6, 2007, at a home in Hamilton, a jury in the Superior Court convicted the defendant of attempted murder in violation of G. L. c. 265, § 16; armed home invasion in violation of G. L. c. 265, § 18C; assault and battery by means of a dangerous weapon in violation of G. L. c. 265, § 15A (b); and assault and battery in violation of G. L. c. 265, § 13A.(1) A divided panel of the Appeals Court affirmed the convictions, Commonwealth v. Carey, 79 Mass. App. Ct. 587 (2011), and we granted the defendant's application for further appellate review.

On appeal, the defendant contends that the assault constituted a consensual sexual encounter. He thus argues that, in light of the decision of the United States Supreme Court in Lawrence v. Texas, 539 U.S. 558, 577-578 (2003) (Lawrence), the trial judge committed constitutional error by not instructing the jury that consent is a defense to the crimes of armed home invasion and assault and battery by means of a dangerous weapon. The defendant also claims that the judge erred by admitting certain evidence regarding materials retrieved from his home computer. This evidence included eight photographs and one ninety-second "video clip" (video), each depicting a nude or partially nude woman being strangled seemingly to death; an Internet article reporting the successful appeal of a man convicted of four strangulation murders; and testimony regarding the number of images stored on the computer "that were strangulation-oriented or had strangulation themes," as well as testimony about Internet searches and the number of files saved on the computer that concerned asphyxiation.

Click to download a PDF of the case.

Published in CC Legal

"When the Levee Breaks: A guide to dealing with and avoiding arrest and prosecution in BDSM scenes." 

"When the Levee Breaks" is a companion to the NCSF publication, "The Aftermath," and is a guide to provide a perspective for those who have, through mistake, misunderstanding, or a fleeting lapse of reason, committed an act of criminally actionable sexual assault.  It is not intended to provide a defense for indefensible acts. "When the Levee Breaks" also provides information on how to better protect oneself against arrest and prosecution.

Click to get a PDF of "When the Levee Breaks"


"The Aftermath: A guide for victims of sexual assault and/or intimate partner violence in the BDSM community,"  by Natalie Quintero

"The Aftermath" is a compilation of advice that is regularly provided to victims who ask for help through NCSF's Incident Reporting & Response project. This guide will educate anyone in the BDSM community who has been victimized on what one might expect to experience after an assault, what one's options are, things to consider when weighing options and making decisions on what to do next, what one might expect if one decides to report the experience, as well as the resources available to assist in coping with and healing from abuse.

Click to get a PDF of "The Aftermath"

In most BDSM assault cases, the testimony of a complaining witness (the injured person) is central to the case, and often there is conflict on the issue of consent between the defendant and the complaining witness. However, even where both participants agree that the acts in question were consensual, the courts have held that consent cannot be a defense.  Thus, in Commonwealth v. Appleby, a 1980 Massachusetts case, the court said:

“Grimm’s consent to assault and battery upon him by Appleby by means of a dangerous weapon cannot absolve Appleby of the crime…”Commonwealth v. Appleby, 380 Mass.296, 311, 402N.E.2d 1051,1061 (Mass. 1980).

Click to open Massachusetts v Appleby PDF

 

Published in CC Legal

An early, and typically bad, example of a pure “consent is no defense” ruling is People v Samuels, a 1967 California decision.  In that case, Martin Samuels was convicted of assault based on his conduct in a film of an apparently consensual BDSM scene.  The court not only rejected the consent defense, but also appeared to hold the view that any such consent would be “some form of mental aberration”:

Even if it be assumed that the victim in the ‘vertical’ film did in fact suffer from some form of mental aberration which compelled him to submit to a beating which was so severe as to constitute an aggravated assault, defendant's conduct in inflicting that beating was no less violative of a penal statute obviously designed to prohibit one human being from severely or mortally injuring another.

People v. Samuels  250 Cal.App.2d 501, 514, 58 Cal.Rptr. 439, 447 (Cal.App. 1967)

The Samuels decision was cited as recently as 2006, in People v Febrissy.

Click to open California v Samuels PDF

 

Published in CC Legal

Legal cases dealing with the consent counts project.

To date, there is not a single appellate court decision anywhere in this country that has accepted consent as a defense in an assault or abuse prosecution arising from BDSM conduct.  The following overview, from Consent to Harm by Vera Bergelson, is a good summary of the case law:

Since any harmful act that does not fit into the “athletic” or “medical” exception is, by definition, criminal, unless the inflicted injury is not serious, assessment of the seriousness of the victim’s injury determines the outcome of many cases involving consensual harm.  A typical penal statute classifies bodily injury as serious if it “creates a substantial risk of death or causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”  Pursuant to this definition, any short-term, non-life-threatening injury should not be deemed “serious.”  Yet, as the MPC acknowledges, the assessment of the seriousness of harm is often affected by judges’ “moral judgments about the iniquity of the conduct.”  Courts tend to inflate the risk and harmfulness of an activity they want to denounce.  For example, any injury caused during a sadomasochistic encounter has been consistently classified as serious.

28 Pace Law Review 683, 691

 


Case index, click to view the individual case summary and a PDF of the case. 

California v Samuels , 4/28/1967

 Massachusetts v Appleby , 4/1/1980

 Iowa v Collier, 5/25/1985

 Helton v Indiana , 12/1/1993

 New York v Jovanovic , 12/21/1999

 Lawrence v Texas, 6/26/2003

 Nebraska v Van , 11/12/2004

 California v Febrissy, 7/1/2006

 Govan v Indiana, 9/9/2009

 Rhode Island v Gasper, 10/30/2009

United States, Appellee v Miles  3/24/2014


Law Review Articles, click to open the individual PDF of this article.

Sex Is Not A Sport: Consent And Violence In Criminal Law , 2001-2002

Beyond The Pleasure Principle: The Criminalization Of Consensual Sadomasochistic Sex , 2001-2002

Morality-Based Legislation Is Alive And Well: Why The Law Permits Consent To Body Modification But Not Sadomasochistic Sex , 2006-2007

The Right to Be Hurt: Testing the Boundaries of Consent , Febuary 2007 

Pain, Pleasure, And Consenting Women: Exploring Feminist Responses To S/M and Its Legal Regulation in Canada Through Jelinek's The Piano Teacher , 2007 

Consent to Harm , 2007-2008

Autonomy, Dignity, and Consent to Harm , 1/29/2008

The Moral Limits Of Consent As A Defense In The Criminal Law , 2009 


 

Law citations dealing with consent, compiled by the NCSF Consent Counts Project 

Alabama  Alaska  Arizona  Arkansas 
California Colorado  Connecticut  Delaware 
D.C. Florida Georgia Hawaii
Idaho  Illinois  Iowa  Kansas 
Kentucky Louisiana  Maine  Maryland 
Massachusetts Michigan Minnesota Mississippi
Missouri Montana Nebraska Nevada
New Hampshire New Jersey New Mexico New York
N. Carolina N. Dakota Ohio Oklahoma
Oregon Pennsylvania Rhode Island S. Carolina
S. Dakota Tennessee Texas Utah
Vermont Virginia Washington W. Virginia
Wisconsin Wyoming    

Click to download a PDF of this document

State Assault Consent Definitions Cases
AL 13A-6-20 (1st degree) 13A-2-7  13A-1-2   
13A-6-21 (2nd degree) (physical injury, serious physical injury)
13A-6-22 (3rd degree)  
AK 11.41.200 (1st degree)   11.81.900 (serious physical injury, reckless)  
11.41.210 (2nd degree)
11.41.220 (3rd degree)
11.41.250 (reckless endangerment)
AZ 13-1203 Simple Assault      
13-12-4 Aggravated Assault
 
AR 5-13-201 1st degree battery   5-1-102 definitions  
5-13-202 2nd degree battery
5-13-203 3rd degree battery
5-13-204 Aggravated assault
5-13-205 1st degree assault
5-13-206 2nd degree assault
5-13-207 3rd degree assault
 
CA Penal Code 241 Assault, Punishment   Penal Code 7 Words and Phrases defined  
Penal Code 243 Battery, Punishment Penal Code 240 Assault Defined
Penal Code 245 Assault with deadly weapon or force likely to produce great bodily injury Penal Code 242 Battery Defined
   
CO 18-3-202 (1st degree)      
18-3-203 (2nd degree)
18-3-204 (3rd degree)
18-3-208 (reckless endangerment)
CT 53a-59 (1st degree)   53a-3 (serious physical injury, recklessly)  
53a-60 (2nd degree)
53a-61 (3rd degree)
53a-63 (reckless endangerment 1st degree)
53a-64 (reckless endangerment 2nd degree)
DE 11 Del Code 611 (3rd degree) 11 Del. Code 452 Consent of victim to inflictions of physical injury as defense 11 Del Code 222  
11 Del Code 612 (2nd degree)
11 Del Code 613 (1st degree)
11 Del Code 603 (reckless endangering 2nd degree)
11 Del Code 604 (reckless endangering 1st degree)
DC 22-404 (Assault)   No definitions section in this particular subchapter – “Serious bodily injury” defined elsewhere  
22-404.01 (Aggravated Assault)
22-407 (threats of bodily harm)
 
FL 784.011 Assault      
784.021 Aggravated Assault
784.03 Battery, Felony battery
784.045 Aggravated Battery
 
GA 16-5-20 Simple Assault   Definitions contained within the statutes  
16-5-23 Simple Battery
16-5-23.1 Battery
HI 707-710 Assault 1st degree 702-734 Consent to Bodily Injury 707-700 definitions related to offenses against the person  
707-711 Assault 2nd degree
707-712 Assault 3rd degree
707-713 Reckless Endangering 1st degree
707-714 Reckless Endangering 2nd degree
ID 18-902 Assault   18-101, 18-101A (both are “Definitions” sections)  
18-904 Battery 18-901 “Assault”
18-906 Aggravated Assault 18-903 “Battery”
18-908 Aggravated Battery 18-905 “Aggravated Assault”
  18-907 “Aggravated Battery”
IL 720 ILCS/21-1 Assault   720 ILCS 5/2 et seq. contains definitions – no good definitions of “serious bodily injury”  
720 ILCS/21-2 Aggravated Assault
720 ILCS/21-3 Battery
720 ILCS/21-4 Aggravated Battery
720 ILCS/21-5 Reckless Conduct
IN 35-42-2-1 Battery   35-41-1-4 “Bodily Injury”  
35-42-2-1.5 Aggravated battery 35-41-1-25 “Serious bodily injury”
35-42-2-2 Criminal recklessness  
IA 708.1 Assault Defined   708.1 Assault Defined  
708.2 Penalties for Assault
KS 21-3408 Assault 21-3201 Criminal Intent 21-3110 Definitions  
21-3410 Aggravated Assault 21-3204 Guilt without criminal intent
KY 508.010 (1st degree)   500.080 Definitions  
508.020 (2nd degree)
508.025 (3rd degree)
508.030 (4th degree)
508.060 (wanton endangerment 1st degree)
508.070 (wanton endangerment 2nd degree)
 
LA 14:38 Simple Assault   14:2 definitions  
14:37 Aggravated Assault 14:33 Battery Defined
  14:36 Assault Defined
ME Tit. 17A Sec. 207 Assault   Title 17A Sec. 2 (Bodily Injury, Serious Bodily Injury, Recklessly)  
17A sec. 208 Aggravated Assault
17A Sec. 211 Reckless Conduct
 
MD 3-202 (1st degree) 3-207 (dismissal possible if both victim and defendant agree) 3-201 Definitions  
3-203 (2nd degree) 3-209 defenses
3-204 reckless endangerment  
MA Ch. 265 sec. 13A Assault or Assault and Battery   None direct, but analogous to ch. 265 sec. 13K  
MI 750.81 Assault   “Serious Injury” defined in the caselaw  
750.81a w/infliction of serious injury
 
MN 609.221 (1st degree)   609.02 Definitions  
609-222 (2nd degree)
609-223 (3rd degree)
609-2231 (4th degree)
609.224 (5th degree)
 
MS 97-3-7 Simple and Aggravated Assault      
MO 565.050 (1st degree) 565.08 565.002 (Serious physical injury)  
565.060 (2nd degree)
565.070 (3rd degree)
MT 45-5-201 Assault 45-2-211 Consent as a Defense 45-2-101 General definitions  
45-5-202 Aggravated Assault
45-5-207 Criminal Endangerment
45-5-208 Negligent Endangerment
NE 28-308 (1st degree)   28-109 (Serious Bodily Injury)  
28-309 (2nd degree)
28-310 (3rd degree)
NV 200.471 Assault, Definitions, Penalties      
200.481 Battery, Definitions, Penalties
NH 631:1 (1st degree) 626:6 Consent (similar to MPC) 625:11 General definitions  
631:2 (2nd degree)
631:2-a (Simple assault)
631:3 Reckless Conduct
NJ 2C:12-1 (Assault) 2C:2-10 (Lifted from the MPC) 2C:3-11 (bodily harm, serious bodily harm)  
2C:12-2 (reckless endangerment)
NM 30-3-1 Assault   30-1-12 (Great Bodily Harm)  
30-3-2 Aggravated Assault
30-3-3 Assault with intent to commit violent felony
30-3-4 Battery
30-3-5 Aggravated Battery
NY Penal Law 120.00 (3rd degree)   Penal Law 10.00 (Serious Physical Injury,  
Penal Law 120.05 (2nd degree)
Penal Law 120.10 (1st degree)
Penal Law 120.20 (Reckless Endangerment 2nd degree)
Penal Law 120.25 (Reckless Endangerment 1st degree)
NC 14-32.4 (Assault inflicting serious injury, Strangulation)   Definitions contained in the assault statutes  
14-33 (Misdemeanor assults, batteries, affrays)
ND 12.1-17-01 Simple Assault 12.1-17-08 Consent as a Defense (very similar to MPC) 12.1-01-04 General Definitions  
12.1-17-01.1 Assault
12.1-17-02 Aggravated Assault
12.1-17-03 Reckless Endangering
OH 2903.13 Assault 2901.21 Requirements for Criminal Liability 2901.01  
2903.11 Felonious Assault
2903.12 Aggravated Assault
2903.14 Negligent Assault
OK 644 Assault and Battery   641 Assault  
645 Assault and Battery with a Dangerous Weapon 642 Battery
646 Aggravated Assault and battery  
647 Punishment for Aggravated Assault and Battery  
OR 163.160 (4th degree)   161.015 Definitions  
163.165 (3rd degree)
163.175 (2nd degree)
163.185 (1st degree)
 
PA 2701 Simple Assault Seemingly allowed in the caselaw 2301 Definitions  
2702 Aggravated Assault
2705 Reckless Endangerment
RI 11-5-1 Assault with intent to commit felonies (incl. sodomy)      
11-5-2 Felony Assault
11-5-3 Simple Assault, Battery
 
SC No statute?      
SD 22-18-1 (Simple Assault)   22-1-2 (Serious bodily injury)  
22-18-1.1 (Aggravated Assault)
TN 39-13-101 Assault 39-13-104 Consent (very much like MPC) 39-11-106 Definitions  
39-13-102 Aggravated Assault
39-13-103 Reckless Endangering
TX Penal Code 22.01 Assault Penal Code 22.06 Consent as a defense to assaultive conduct Penal Code 1.07  
Penal Code 22.02 Aggravated Assault
 
UT 76-5-102 Assault 76-5-104 Consensual Altercation 76-1-601 Definitions  
76-5-103 Aggravated Assault
VT 13 VSA 1023 Simple Assault   13 VSA 1021 Definitions  
13 VSA 1024 Aggravated Assault
13 VSA 1025 Recklessly endangering
 
VA 18.2-57 Assault and Battery      
WA 9A.36.011 (1st degree)   9A.04.110 (Bodily Harm, Great Bodily Harm)  
9A.36.021 (2nd degree)
9A.36.031 (3rd degree)
9A.36.041 (4th degree)
9A.36.050 (Reckless Endangerment)
WV 61-2-9 Malicious or unlawful assault; assault; battery      
WI 940.19 Battery, Substantial Battery, Aggravated Battery   939.22 Words and Phrases Defined  
940.23 Reckless Injury 939.24 Criminal Recklessness
WY 6-2-501 Simple Assault, Battery   6-1-104 (Bodily Injury, Serious Bodily Injury, Recklessly)  
6-2-502 Aggravated Assault, Battery
6-2-504 Reckless Endangering

 

 

 

 

By Susan Wright

The 2008 survey saw a total of 3,058 responses collected. Of those, 2,412 respondents resided in the United States (83.4%). Of the remaining 480 respondents, a total of over 42 other countries were represented. Where appropriate, the data is compared to the 1998 Violence & Discrimination Survey Against Sexual Minorities which collected over 1,000 responses to similar questions over the course of a year. The 1998 survey did not cover business or event-related experiences of harassment, nor did it ask about Internet experiences. The 2008 survey also included more questions about sexual activity and identity.

Table 1. Gender 2008 1998
Women 51% 46%
Men 45% 51%
Transgender 5% 1%
Intersexes 1% 2%

 

Table 2. Sexual Orientation
2008 1998
Heterosexual 41% 40%
Bisexual 35% 36%
Gay/lesbian 22% 22%
Other 7% 4%

 

A total of 1,146 (37.5%) respondents indicated that they had either been discriminated against, had experienced some form of harassment or violence, or had some form of harassment or discrimination aimed at their BDSM-leather-fetish-related business. Of the respondents who reported some form of persecution,

  • 476 (41.5%) identified as male
  • 615 (53.7%) identified as female
  • 9 (.8%) identified as intersexed
  • 78 (6.8%) identified as transgendered

(Sexual orientation, like gender, was a question which required some answer, but allowed respondents to choose as many as they felt might apply, so the percentage totals more than 100%.)

Of the 1,146 respondents who indicated that they had either been discriminated against or had experienced some form of harassment or violence,

  • 380 (33.2%) identified as heterosexual,
  • 440 (38.4%) identified as bisexual
  • 292 (25.5%) identified as gay or lesbian.
  • 97 (8.5%) indicated that they identified in some other way from heterosexual, bisexual or gay/lesbian.

(Sexual orientation, like gender, was a question which required some answer, but allowed respondents to choose as many as they felt might apply, so the percentage totals more than 100%.)

The sexual orientation of respondents who were discriminated against or had experienced some form of harassment or violence is compared in Table 6.1 to the total percentage of respondents who identified their orientation. It is interesting to note that Gay/lesbian, Bisexual and Other respondents have slightly higher rates of persecution than their average percentage of total respondents, while Heterosexuals are less likely to be discriminated against.

Table 3. Sexual Orientation
and Discrimination
Total Percent
2008
Respondents
Percent
Persecuted
Gay/lesbian 22% 25.5%
Bisexual 35% 38.4%
Heterosexual 41% 33.2%
Other 7% 8.5%
Total 105% 105.6%

 

In 1998, the survey asked: "Are you completely 'out' about your involvement in sexual minority practices? "62% stated they were not "completely out." That is statistically almost the same as the 59.5 and 59.7% of respondents in the current survey who said they weren't out to work and/or family. 
 
11.3% (346) of the total number of respondents (3,058) reported being discriminated against by professional or personal service providers. That is 30% (346) of the respondents who were discriminated against (1,146). Those respondents could check one or more of the specific ways they were discriminated against (Table 8.), with 48.8% discriminated against by a medical doctor, and 39.3% discriminated against by a mental health practitioner.
 

Table 4. Discrimination by Professionals
Medical doctor 48.8%
Mental health practitioner 39.3%
Police or govt. employee 25.4%
Other Professional service provider 8.4%
Lawyer 7.8%
Other Personal service provider 6.1%
Dentist 1.7%
Building contractor 1.7%
Accountant 1.2%
Other 6.9%

 

In total, 203 (6.6%) respondents stated their business had been harassed or discriminated against.

Respondents could check one or more of the specific ways they were discriminated against
(Table 5.).

Table 5. Business Discrimination
Negative media coverage 26.1%
Harassment by police/author 22.2%
Harassment by neighbors 20.7%
Harassment by organizations 20.2%
Loss of lease 17.7%
Refused credit card services 14.8%
Loss of business 13.8%
Refused insurance coverage 8.9%
Loss of occupancy certificate 4.9%
Arrest 3.0%
Fines 2.0%
Other 24.6%


When asked, "Have you curtailed your use of the Internet for fear of prosecution?" More than one-third of the respondents, 1,065 (34.8%) of the 3058 respondents, said "yes". Respondents could check one or more of the specific ways they curtailed their Internet use (Table 10.).

Table 6. Curtailed Internet Use
Didn't post image 71.5%
Didn't visit website 45.7%
Didn't post text 43.4%
Didn't link to website 38.7%
Didn't join email group 31.0%
Posted 18-over warn 25.7%
Barred users 16.1%
Didn't add meta-text 8.0%
Other 11.0%

 

9.3% of respondents, 285 out of the total returned surveys, reported that US 2257 had an impact on their use of the Internet. Of the 1,065 respondents who indicated that they had curtailed their use of the Internet regarding BDSM activities, 214 (20.1%) reported that US 2257 was a significant reason for that curtailment. 

When respondents who experienced violence and/or harassment were asked, "Did you press charges?" 90% said no as compared to 96% of the respondents in the 1998 survey who did not press charges. 

Table 7. Reasons Declined To Press Charges
Fear of further harassment 41.0%
Fear of family disapproval 24.1%
Fear of job safety 22.2%
Fear of legal repercussions 21.9%
Fear of losing child custody 10.6%

 

Copyright Susan Wright, Survey of Violence & Discrimination Agaisnt Sexual Minorities (2008)
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 
917-848-6544

 

Published in BDSM Survey
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Resources for Media

Resources for Media

Includes vital statistics on alternative sexual expression, interview contact list, and a selection of articles from national publications.

Community Resources

Community Resources

Includes tips on how to speak to the media, sound-bites on alternative sexual expression, and a primer on how to write a letter to the editor.

"NCSF" in the News

"NCSF" in the News

CDA Media Reports

CDA Media Reports

Media reports covering the Communications Decency Act lawsuit launched by co-plaintiffs NCSF and Barbara Nitke.

  • NEWSBYTES - December 19, 2001

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  • San Francisco Bay Guardian - January 14, 2002

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  • San Francisco Frontiers - January 23, 2002

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  • Ynot News - January 2, 2002

    Can David Beat Goliath in the Battle of Obscenity? Part 2   By Judd Handler   Ynot News, January 2, 2002   Last week's editorial featured an interview with John Wirenius, lead counsel for the National Coalition for Sexual Freedom and Barbara Nitke, an adult content photographer. Wirenius, on behalf of the NCSF and Nitke, filed a lawsuit on December 11 against Attorney General John Ashcroft seeking to overturn Internet…






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  • Ynot News - December 20, 2001

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  • Wired - December 12, 2001

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    Tags: Media CDA
  • Spectator Magazine - January 11, 2002

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  • New York Press - August 28, 2002

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  • New York Newsday - July 25 2005

    New York judges refuse to say Internet obscenity law is unconstitutional By LARRY NEUMEISTER Associated Press Writer, July 25, 2005, 7:58 PM EDT  NEW YORK -- A special three-judge federal panel on Monday refused to find unconstitutional a law making it a crime to send obscenity over the Internet to children. The Communications Decency Act of 1996 had been challenged by Barbara Nitke, a photographer who specializes in pictures of…






    Tags: Media CDA
  • New York Daily News - July 15, 2002

    Fotog vs. Feds in Obscenity Law: Files suit to keep photos on Web by Veronica Vera New York Daily News, July 15, 2002 Photographer Barbara Nitke is used to being behind the lens, but if legal matters heat up, she may soon find the government focusing on her. Nitke is ready to step into the foreground as the chief plantiff in Barbara Nitke and the National Coalition for Sexual Freedom…






    Tags: Media CDA
  • Nerve - December 11, 2001

    Nerve December 11, 2001 Photographer Barbara Nitke and the National Coalition for Sexual Freedom (NCSF) filed a lawsuit today, claiming the Internet censorship provision of the Communications Decency Act (CDA) violates the First Amendment right to free speech. The provision stipulates that "local community standards" will judge whether or not something is indecent. Yet attorney John Wirenius argues that "By allowing the most restrictive jurisdiction to define what speech can…






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  • CNN - December 20, 2001

    Lawsuit targets last scraps of Net-obscenity law By Sam Costello (IDG News) CNN, December 20, 2001 The National Coalition for Sexual Freedom (NCSF) and artist Barbara Nitke have filed a lawsuit challenging the remaining provisions of the Communications Decency Act, much of which was struck down by the U.S. Supreme Court in 1997. The act, or CDA, was passed in 1996 and was the first U.S. law designed to allow…






    Tags: CDA Media
  • Adult Video News - February, 2002

    NCSF Tackles "Community Standards" For The Web By Mark Kernes Adult Video News, February Issue Washington, DC The National Coalition for Sexual Freedom may not be a household name, even in the adult entertainment industry, but if their recently-filed lawsuit succeeds, they may go down in history as the first group to secure Americans' core constitutional speech rights.  NCSF is based in the nation's capital [~] in fact, only a…






    Tags: Media CDA News
  • ABC News - July 29, 2002

    Love or Obscenity? S/M Photographer Challenges Internet Decency Standards By Dean Schabner ABCnews.com, July 29, 2002 When Barbara Nitke wanted to put her photographs of loving couples on the Internet, she thought she should check into the laws first. That's because Nitke's recent photographs have been focused on how some couples express their love through sado-masochism. What Nitke found after reading up on Internet law and talking to lawyers was…






    Tags: Media CDA
NCSF Newsletters

NCSF Newsletters

A quarterly newsletter produced by the NCSF staff to inform our communities about the important work our coalition is doing.

  • NCSF Newsletter: 1st Quarter 2015

    NCSF Newsletter 1st Quarter, 2015 edited by Julian Wolf In this issue Mid-Atlantic Region Hosts the Coalition Partner Meeting NCSF Thanks! Daily Flogger Satire Dommes of the DC Sub Club Do it Again! Guest Blog: Disclosure and Outness as a Therapist Incident Reporting & Response Media Updates Representing on FetLife   The Mid-Atlantic Region hosts NCSF's Coalition Partners Annual Meeting   The National Coalition for Sexual Freedom held its annual Coalition…





    Written on Tuesday, 14 April 2015 11:25
    Tags: Newsletter News newletters
  • NCSF Newsletter: 4th Quarter 2014

    NCSF Newsletter 3rd Quarter, 2014 edited by Julian Wolf In this issue 2014 Roundup NCSF Thanks! Incident Reporting & Response Daily Flogger Satire Guest Blog: Out To The Doctor? Are You Ready for 50 Shades? Media Updates Representing on FetLife NCSF's 2014 Roundup         2014 has been a year of progress for NCSF and for people who are kinky and nonmonogamous. The national conversation about gay marriage, consent, and…





    Written on Monday, 05 January 2015 14:08
    Tags: Newsletter News newletters
  • NCSF Newsletter: 3rd Quarter 2014

    NCSF Newsletter 3rd Quarter, 2014 In this issue NCSF Mental Heath Survey Incident Reporting & Response NCSF Thanks! Merchant Services Question A Touch of Humor Media Updates Representing on FetLife NCSF Mental Health Survey Please take the NCSF Mental Health Survey! We would like to know more about your BDSM practices, mental health and relational violence experiences:   https://www.surveymonkey.com/s/FZ2XDMP    NCSF is working with researchers at Sam Houston University's Department of Psychology and Philosophy who will compare our responses to…





    Written on Friday, 19 December 2014 16:32
    Tags: Newsletter News newletters
  • NCSF Newsletter: 2nd Quarter 2014

    NCSF Newsletter 2nd Quarter, 2014 In this issue Go to the Cops Poly in the Vanilla World Meet Your Board Coalition Corner Media Updates Available for Your Event Representing on FetLife  Go to the Cops  Susan Wright You CAN go to law enforcement to report assault even if you're kinky. I get so mad when I hear people say, "You can't go to the cops," or "They'll treat you badly because…





    Written on Thursday, 18 December 2014 10:16
    Tags: Newsletter News newletters
  • NCSF Newsletter: 1st Quarter 2014

    NCSF Newsletter 1stQuarter, 2014 In this issue Erotic Awakenings Take the Consent Violations Survey 2014 Annual Meeting Meet Your Board DC Professional Dominatrixes Rock NCSF Expands Its Legal Resources Polyamory as Orientation? Amicus Brief in Support of Consensual Nonmonogamy Representing on FetLife Erotic Awakening interviews NCSF Board Member Jsin  Listen to NCSF Board Member Jsin's interview about NCSF that took place at the recent Beat Me in St. Louis. Hear what…





    Written on Thursday, 18 December 2014 09:45
    Tags: Newsletter News newletters
  • NCSF Newsletter: 4th Quarter 2013

    NCSF Newsletter 4th Quarter, 2013 In this issue Happy New Year! NCSF's Consent Violations Survey 2014 Annual Meeting Meet Your Board Sexual Freedom in the News An Obituary for Leigha Fleming Representing on FetLife Happy New Year!   From all of us at the NCSF we hope you had a wonderful holiday season and your new year is already great.   Return to Top Coming Soon! NCSF's Consent Violations Survey  …





    Written on Thursday, 18 December 2014 04:10
    Tags: Newsletter News newletters
  • NCSF Newsletter: 2nd Quarter 2013

    NCSF Newsletter 2nd Quarter, 2013 In this issue Come talk about BDSM and consent! The DSM-5 Says Kink is OK! Why Support or Join NCSF? Representing on FetLife  Come Talk about BDSM and consent! NCSF's Consent Counts project is holding discussions around the country to gather your input on our Consent Statement so we can move forward to change laws and perceptions of BDSM. Kinky people still have significant legal, political and…





    Written on Thursday, 18 December 2014 03:49
    Tags: Newsletter News newletters
  • NCSF Newsletter: 1st Quarter 2013

    NCSF Newsletter 1st Quarter, 2013 In this issue NCSF's Coalition Partners Join Together for Consent Summit Meet the Board NCSF presents at Yale Law School's RebLaw NCSF Launches Fire Recovery Fund Testing the Waters Coalition Corner Representing on FetLife 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…





    Written on Thursday, 18 December 2014 03:26
    Tags: Newsletter News newletters
  • NCSF Newsletter: 4th Quarter 2012

    NCSF Newsletter 4th Quarter, 2012 In this issue NCSF 2013 Coalition Partner Meeting in Phoenix Scholarships Available for Annual Meeting Support from a Leather Bar Meet Your Board: Candidates for Reelection Foundation Liaison to Present at Poly Living Coalition Corner Representing on FetLife  NCSF 2013 Coalition Partner Meeting in Phoenix, Arizona, on February 8-10   Please mark this date in your calendars.   In order to make reservations at the Drury Inn & Suites…





    Written on Thursday, 18 December 2014 03:00
    Tags: Newsletter News newletters
  • NCSF Newsletter: 3rd Quarter 2012

    NCSF Newsletter 3rd Quarter, 2012 In this issue NCSF 2013 Coalition Partner Meeting in Phoenix Representing on FetLife International Swingers Day NCSF at FetFest Coalition Corner Meet Your Board!  NCSF 2013 Coalition Partner Meeting in Phoenix, Arizona, on February 8-10   Please mark this date in your calendars!   In order to make reservations at the Drury Inn & Suites Phoenix Airport and get the group rate of $109, please reference group #2151272 when you…





    Written on Thursday, 18 December 2014 02:44
    Tags: Newsletter News newletters
Press Releases

Press Releases

  • NCSF’s 2014 Roundup

    NCSF’s 2014 Roundup    2014 has been a year of progress for NCSF and for people who are kinky and nonmonogamous. The national conversation about gay marriage, consent, and even Fifty Shades of Grey are transforming mainstream attitudes. The change in the American Psychiatric Association’s DSM-5 stating that BDSM is a healthy form of sexual expression has also had a significant impact on both the courts and public opinion about…





    Written on Sunday, 28 December 2014 15:51

  • National Coalition for Sexual Freedom: Are you ready for the Fifty Shades of Gray Movie?

    Does your media agency have resources for these special interest pieces?  Contact the National Coalition for Sexual Freedom for interviews and information on kink and open relationships. NCSF is the national advocate for consensual adult sexual expression.    Why kink?   There has been a significant interest in BDSM sparked by the wildly successful Fifty Shades of Grey.  Similar topics appeared in recent TV Shows from CSI to House to Desperate Housewives, and even animated shows such as American Dad.      Furthermore many…





    Written on Friday, 19 December 2014 12:30

  • 50 Shades of NCSF Palm Cards

    Are You Ready for Fifty Shades? To coincide with the launch of the movie, get your Fifty Shades of Kink palm cards from NCSF to put out at your club or in local sex shops and bookstores so that people who are looking to find out more about kink know where to go. Contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it to request your cards. NCSF’s Fifty Shades of Kink resource page is for people who…





    Written on Friday, 12 December 2014 15:16

  • GayLawNet Joins Forces with NCSF

    NCSF’s Kink Aware Professionals joins forces with GayLawNet   NCSF has expanded the reach of its Kink Aware Professionals by collaborating with GayLawNet, which now offers a way for lawyers in their database to self-identify as Kink Aware Professionals:  gaylawnet.com/attorneys/ussolc.html   “Whenever someone can’t find a lawyer in NCSF’s KAP list, I always refer them to GayLawNet,” says Susan Wright, spokesperson for NCSF. “Many of their gay-friendly lawyers are eager…





    Written on Monday, 01 December 2014 15:10

  • Tides Awards NCSF $1,500 Grant

    NCSF Receives Grant Award NCSF is proud to announce the receipt of a $1,500 grant awarded by Tides Foundation. About Tides #TidesProject “Since 1976, Tides Foundation has worked with over 15,000 individuals and organizations in the mutual endeavor to make the world a better place. These include foundations, donors, corporations, social investors, nonprofit organizations, government institutions, community organizations, activists, social entrepreneurs, and more. We break down the walls between entrepreneurs…





    Written on Monday, 24 November 2014 15:01

  • NCSF Mental Health Survey

    NCSF Mental Health Survey Please take the NCSF Mental Health Survey! We would like to know more about your BDSM practices, mental health and relational violence experiences: https://www.surveymonkey.com/s/FZ2XDMP NCSF is working with researchers at Sam Houston University’s Department of Psychology and Philosophy who will compare our responses to two other sample populations – one college-aged and the other LGBT. NCSF will use these results to help with our advocacy, benefiting…





    Written on Thursday, 11 September 2014 14:57

  • Military Court Accepts NCSF's Amicus Brief

    Military Court Accepts NCSF’s Amicus Brief in Support of Consensual Nonmonogamy April 24, 2014 – Washington, DC – The Navy and Marine Corps Court of Criminal Appeals has accepted NCSF’s amicus (“friend of the court”) brief advising the court that prosecutors are avoiding the Supreme Court decision, made in Lawrence v. Texas, that moral judgment is not a basis for criminalizing consensual sexual conduct, and that consensual sex should only…





    Written on Sunday, 31 August 2014 14:51

  • Ombudsman Committee Established

    NCSF Appoints Members of the Ombuds Committee   June 3, 2014 - NCSF is proud to announce these appointments to the Ombuds Committee: Desmond Ravenstone, James Huesmann and Bjorn Paulee. The Ombuds Committee handles complaints and concerns regarding the conduct of NCSF officers and staff, and the operations of NCSF institutions. The NCSF Ombuds Committee shall be established as an Advisory Committee, as per NCSF bylaws, to review Coalition administration…





    Written on Tuesday, 03 June 2014 14:47

  • NCSF Files Amicus Brief in Military Court

      NCSF Files Amicus Brief in Support of Consensual Nonmonogamy March 26, 2014 – Washington D.C. – NCSF has filed an amicus brief in a military case involving a marine who engaged in a consensual threesome and because of that was convicted of adultery, attempted consensual sodomy and indecent conduct, a "crime" based solely on undefined sexual conduct inconsistent with "common propriety."   In its brief, NCSF points out that…





    Written on Thursday, 03 April 2014 14:42

  • Annual CP meeting 2014

      NCSF’s Coalition Partners Come Together in Nashville, TN   March 24, 2014 – The National Coalition for Sexual Freedom held its annual Coalition Partner meeting in Nashville, TN from March 14-16, 2014. The Coalition Partners voted in the new Board of Directors for NCSF, approved the 2014 budget, and brainstormed on NCSF’s projects and goals for the coming year.   “The annual meeting gives NCSF's Coalition Partners the opportunity…





    Written on Monday, 24 March 2014 14:34


Support this program!

Media Outreach: We're Making a Difference

  • NCSF has successfully changed the discussion in the media by debunking stereotypes about BDSM, swinging, and polyamory
  • NCFS has developed a strong media outreach and training program for its coalition, supporting, and other partners.
  • NCSF has successfully become through dedicated advocacy, the leading media authority on BDSM, swinging, and polyamory

 

About Media Outreach

The Media Outreach Program is designed to reach outward to educate media and respond to media stories about alternative sex. In addition it is designed to reach inward to our own constituents to teach and train them in how to respond and deal with media effectively.

Program Goals:
The goal of the goal of the Media Outreach Program is to change the public discussion about alternative sexuality and to educate and support our members when they have occasion to deal with the media.
    Contacts:
    Support this program!
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    Reach out!