The United States District Court for the Eastern District of Virginia released its decision in the case of Doe v. George Mason University et al. and, for some reason, they felt compelled to weigh in on whether there is a constitutional right to engage in consensual BDSM sex. Their answer is, ‘no.’
In the case of Doe v. George Mason University et al., a George Mason student was expelled for allegedly having sex with a woman without her consent because he failed to stop their BDSM sex after his partner said the ‘safe word.’
The plaintiff alleged that the George Mason University administration “‘disregarded’ the BDSM context of the relationship and how it ‘affected matters like consent and related issues’ and treated a BDSM relationship as ‘per se sexual misconduct,’” and thus violated his right to engage in consensual sexual activity as well.+
There is no question, forcing sex on an unwilling partner is rape and is reprehensible in any capacity. However, the court’s ruling went on to address consent as well.
In their decision, the court addressed the entire practice known collectively as “BDSM,” which is an acronym for the acts it entails, namely bondage, discipline, dominance, submission, sadism, and masochism.
The court found that banning or outlawing consensual BDSM is justified as it will ‘protect’ any future participants who may be harmed by their decision to engage in such acts.
“A legislative restriction on BDSM activity is justifiable by reference to the state’s interest in the protection of vulnerable persons, i.e. sexual partners placed in situations with an elevated risk of physical harm,” stated the ruling.
The slippery logic used by the court for their justification, in this case, is dangerous. The court claims since there is no deeply rooted history in BDSM, then the federal government has every right to ban it, in spite of the act being entirely consensual. ...
Besides the interesting free speech and due process holdings, the federal district court’s decision in Doe v. Rector & Visitors of George Mason Univ. also discusses whether there is a constitutional right to engage in consensual BDSM sex. No, says, the court, rejecting the view that Lawrence v. Texas creates a general constitutional right to adult noncommercial sexual autonomy.
The plaintiff student was expelled for allegedly having sex with a woman without her consent, by refusing to stop a BDSM sexual act when his sexual partner said the safe word. But his claim was that, in adjudicating the case, the university administration “‘disregarded’ the BDSM context of the relationship and how it ‘affected matters like consent and related issues’ and treated a BDSM relationship as ‘per se sexual misconduct,’” and thus violated his right to engage in consensual sexual activity as well. This gave the court occasion to consider whether there is such a right; here is how the court responded:
...In this respect, the conclusion … that there is no deeply rooted history or tradition of BDSM sexual activity remains relevant and important to the analysis. Also relevant and important to the analysis is the absence of a history of impermissible animus as the basis for the restriction at issue here. Sexual activity that involves binding and gagging or the use of physical force such as spanking or choking poses certain inherent risks to personal safety not present in more traditional types of sexual activity. Thus, as in Cruzan and Glucksberg, a legislative restriction on BDSM activity is justifiable by reference to the state’s interest in the protection of vulnerable persons, i.e. sexual partners placed in situations with an elevated risk of physical harm.
Accordingly, consistent with the logic of Lawrence, plaintiff has no constitutionally protected and judicially enforceable fundamental liberty interest under the Due Process Clause of the Fourteenth Amendment to engage in BDSM sexual activity.
Relationships come in all shapes and sizes. There’s the myriad online dating apps to check out for romantic prospects, long engagements and, if we’re really lucky, we’ll have a chance to uncrown America’s longest-married couple. But what about the relationships that fall outside the spectrum of what’s considered “normal” (as if that’s actually a thing anymore)? According to a new study on relationships in America, open relationships are NBD.
The new study from Avvo, an online attorney directory, discovered that 51 percent of adults aged 18-23 (college-aged) and 57 percent of adults aged 24-32 (post-college) reported not being “morally opposed” to being in an open relationship, compared to 44 percent of adults 33 years and older.
So what accounts for the higher acceptance in younger generations? Are we all just young and dumb in love? University of Washington sociologist and sexologist Dr. Pepper Schwartz told Avvo, “When we’re young and out in the world on our own for the first time, we’re more apt to experiment with our romantic relationships and be open to new experiences when it comes to love and sex.” ...
When lying in bed with a guy after a recent date, he brought up Jian Ghomeshi. I wasn’t surprised; we’d both been following the courtroom drama tweet by tweet every day for weeks.
He wrapped his hands playfully around my neck and kissed me. “Are you OK with this?” he asked, “I don’t want to get Ghomeshi’d.”
By “this,” he meant that he wanted to make sure he had my consent.
He used Ghomeshi’s name as a verb, to ensure I wouldn’t report him to the police for lightly choking me.
This Ghomeshi-as-a-verb reference is something I’m now used to, because other dates have used it as well.
In this situation, I responded by playfully telling him he had my consent, as I wrapped my hand around his. Some laughter ensued and we carried on with our encounter, as he ominously mentioned how creepy and sexy it was that the newspaper next to my bed had an image of Ghomeshi on the cover.
This case is topical. It’s what we’re ingesting as pop culture in Toronto. During the first two weeks of February, I — as many curious Canadians were — was refreshing my Twitter feed ad nauseam, following every tweet from the Toronto journalists in the courtroom during Ghomeshi’s trial.
Because of that, it’s made me self conscious and hyper aware with my dating prospects. I’m thinking about every action and every word.
Just the other night, I got an unprompted text from another suitor, who’d likely had one too many libations. The first text read: “Let me Ghomeshi all over your face.” The second: “I won’t let big ear’s teddy watch (sic)” The third: “No?” The Fourth: “Go top (sic) far?”
I’ve sent and received my share of late night texts, but this unprompted one caught me by surprise. It made me shake my head as I acknowledged a handful of single men referring to the case in a facetious way.
I finally replied: “Too far.”
An apology text came after, “Hey, sorry. I’m trying to have fun drunk text exchanges. It’s a bit early for us. I was not trying to offend.”
But, by then, I was a bit taken aback and stuck with a not-so-becoming visual in my head. ...
It was rounding 1 a.m. as I teetered my way across a tiny stage, covered in damp dollar bills.
Daisy Ducati was tugging at the leash attached to the leather collar around my neck, pulling me down to my hands and knees. A small but lively audience had gathered around the private stage in the back of Little Darlings, the North Beach strip club known for its nude dances and explicit VIP shows. The handful of testosterone-fueled young men, full of bashful bravado, egged Daisy on. They got noticeably nervous, however, when she ordered them to spank me and clothespin money to my breasts.
"Yes, Ma'am," they would say, almost hypnotized, and open up their wallets a little wider. The dollar bills they threw into the air fluttered down and stuck to my skin, melting into my sweat-soaked body like snowflakes.
There's nothing quite like being on a stage naked and having people throw money at you. Of course, not every night at the strip club is full of make-it-rain magic, but a good night can feel like you're channeling supernatural powers of femininity, using mind-control and body glitter to dismantle the patriarchy.
This was one of those nights. Daisy and I were feature dancing, so we got to live it up as the stars of the show. We were making excellent money and having a blast. Near the end of the night, Daisy caught my eye as we played in front of the crowd. The spark of electricity that passed between us communicated a mutual understanding that the pole, the high heels, and especially the money may as well have been sex toys. Our girl-on-girl tease show had transformed into an edgy, erotic scene that had both of us genuinely aroused.
Hours later, when the club had finally closed, we poured our tired bodies into a taxi, trying in vain to conceal the giant trash bags filled with cash. We held hands and looked out the window at the moonlight shining over the bay, and I let out a dreamy sigh, happy I had accepted her invitation to sleep over. Later, as we counted our money in bed, she teased me with a violet wand.
I do many types of sex work, but porn and escorting are my bread-and-butter. As with any kind of high-end sales, I do my best to make people think about the money as little as possible. All finances are negotiated prior to bookings, and once I'm with a client, I focus as much as possible on staying present to ensure we have the best time we possibly can together.
Talking about money is awkward for most people, never mind perfect strangers from different backgrounds trying to negotiate an erotic, semi-illegal transaction. It can be a hot mess if not handled with care.
I grew up working class. I was raised on federally distributed commodity foods, and I am deep in student-loan debt. Sometimes I feel as though my clients, who usually make upwards of six figures, can somehow smell the generations of poverty on me — in the way I hold my fork or how I pronounce certain words.
Sex work has been my life-hack for hauling myself, rung by rung, up the class ladder. But social climbing is a game rigged by the patriarchy. Once I realized that most women are destined to deal with different forms of objectification while living in a man's world, regardless of what career they choose, I made the choice to capitalize on its spoils.
For the last six years, I've thrown myself into the hustle of the adult industry — the one industry where women are the top earners — marketing myself as "The Whore Next Door," an approachable, all-American girl with a nerdy heart and a pervy mind. I do my best to deflate the power of the money my clients give me — to make it seem like an afterthought — when in fact, it's the main event. Rarely, if ever, do I discuss money with my clients. Thus far, this approach has served me well.
But in the past year, something began to shift. I came to realize that as a sex-positive person who is also an adult industry professional, my sex drive is not a constant. Rather, it's an ever-evolving tidal wave of weird. And the more knowledge I amass, the more curious I become.
I do occasionally explore power exchange and kink with my clients, but it is always on their terms, as I am providing a service to them. If they desire a BDSM fantasy with me in the role of mistress, it's their fantasy. I have simply been cast as the leading lady. Though I may enjoy my time with clients, and even play director now and then, I am temporarily under their employ, not their mistress.
However, six years of holding sex and money so close together in my mind has changed my relationship to both. Now, there is no more denying it: Money turns me on.
It turns all of us on — that's capitalism. But more specifically, during the exchange of power that happens when men, who wield the bulk of the power and privilege in our society, relinquish their money to women who hold substantially less power and earning potential, I feel something stir and flutter inside me.
A constant power exchange exists in a strip club between dancer and client, as the former encourages the latter to spend increasing amounts of money as the night presses on. Grinding my hips on his thighs, whispering, "Do you wanna get another dance?" breathily into his ear even though I already know the answer, and feeling him willingly place a little slice of his power into my underwear in the form of crisp, green paper — it feels edgy, brave, and sometimes intensely erotic.
"Financial domination is very intimate, and personal," says Penny Barber, a San Francisco dominatrix, porn star, and author, in her talk on the subject for Kink University. "It's almost more intimate than having sex with someone. It's the ultimate way to control someone's time on this planet." ...
Ask Me About Polyamory is the first print collection of the webcomic Kimchi Cuddles by polyactivist Tikva Wolf that got an Indiegogo boost last year and considerable Patreon support, currently at $1255 a month. Publishing from Thorntree Press in September, it has had a strong critical response, especially from the group it concerns itself with.
Gentlepeople, if you only buy one book about polyamory, I encourage you to buy this one. Skip the long wordy explanations writers like myself delight in. You don’t need them. Proving that a picture is indeed worth a thousand words, Tikva has captured the essence of poly life in these delightful comics.- PolyamoryOnPurpose
Because it doesn’t solely concern itself with a mainstream audience, it’s much more nuanced and detailed about the concerns and tribulations of polyamorous relationships. Which means it ends up being far more informative. ...
Non-Profit Outreach Education and Research Organization
Center for Positive Sexuality
is Pleased to Partner on Journal with National Coalition for Sexual Freedom!
LOS ANGELES (March 1, 2016) – On the heels of celebrating the one-year anniversary of their Journal of Positive Sexuality,launched in February 2015, the Center for Positive Sexuality teams up with the National Coalition for Sexual Freedom, a known champion of sexual freedoms and privacy rights for all adults. With similar visions, but slightly different audiences, the two groups' messages of sex positivity, consent, education, and acceptance can be shared more broadly.
Center for Positive Sexuality Director of Research Dr. DJ Williams reports, ”With this sponsorship the Journalwill reach a wider audience and acquire more submissions to publish. This will also improve our research,as we’ll have an outlet to promote our studies and surveys. Partnering with NCSF makes sense. They have a broad audience who share similar interests.”
Established in 2007, the Center for Positive Sexualityreceived 501c3 Non-Profit status in 2013 and has been presenting educational panels to local colleges, universities, and professionals debunking myths andreplacing them with truths and lived experiences on a range of issuessuch as kink/BDSM, non-monogamy, sex and aging, sex and disability, gender spectrum, and others.
The National Coalition for Sexual Freedom (NCSF) was formed in 1997 by a small group led by Susan Wright under the auspices of the New York SM Activists. The goal was to fight for sexual freedom and privacy rights for all adults who engage in safe, sane and consensual behavior. Today, NCSF has over 50 Coalition Partners made up of groups and businesses who serve BDSM, swing and polyamory practitioners. Over the years, NCSF has formed alliances with other organizations that defend sexual freedom rights: Free Speech Coalition, the ACLU, American Association of Sex Educators, Counselors and Therapists, Society for the Scientific Study of Sexuality, National Gay and Lesbian Task Force, and the Gay and Lesbian Activist Alliance, among others.
In its first year of publication, the open-access Journal of Positive Sexualitypublishedthree issues with a total of 12 articles, reaching over 30 countries worldwide.
The Journal of Positive Sexualityis free to access and download, andis multi-disciplinary, peer-reviewed and easy to read (articles are no longer than 8 pages) all from a sex positive lens.
For many clinicians in the mental health field as well as much of the lay public, those who engage in intense sensation play of BDSM (bondage and discipline, dominance and submission, sadism and masochism) are often co-mingled and conflated with behaviors of those who engage in self-harming behavior. As a result, individuals who belong to the BDSM subculture are often pathologized, as well as misunderstood in clinical settings, and so may find themselves without adequate psychological care. In order to address this issue, we are conducting a study comparing the experiences and behaviors of those who engage/have engaged in intense sensation play in the context of kink/BDSM and those who engage non-suicidal self-injury.
We are inviting those who engage/have engaged in intense sensation play in the context of kink/BDSM and/or those who engage/have engaged in non-suicidal self-injury to participate in this survey. Please click the link below to take the survey now, and feel free to distribute the link widely to friends, peers, colleagues, and/or groups.