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Petition to the American Law Institute - Consent should be a Defense for BDSM activities

on Wednesday, 15 July 2015. Hits 196

Consent should be a Defense for BDSM activities

 

We need your help! Please sign the ALI Petition to reclassify BDSM prosecutions as “sexual contact” instead of criminal assault. It’s all about consent, and the law should reflect that.

 

Sign here!

 

NCSF hopes to collect thousands of signatures and plans to submit our petition in September prior to the next meeting of the American Law Institute which is considering making changes in the Model Penal Code provisions relating to sexual assault.

 

NCSF has urged the ALI Committee to treat BDSM under a category they define as “sexual contact” even if there is no contact with the breasts or genitals.  Under the ALI’s draft proposal, “sexual contact” is not a crime if consent is given for such contact. If consent is not given, sexual contact is a misdemeanor, not a felony. Such treatment of BDSM—as not a crime if consensual and as a misdemeanor if nonconsensual—would be fully consistent with the concept that BDSM is intended to be a mutually pleasurable activity rather than an act of violence. If a rape is committed in a BDSM encounter then it can be prosecuted as felony sexual assault and the fact that BDSM activities were also included will reduce the confusion for prosecutors and courts. Judgment can be made solely in the context of whether there was consent for each act that was committed.

 

A further benefit of our proposal would be that a person who is injured in a nonconsensual BDSM incident would have the shelter of “rape shield” rules, which prohibit introduction of evidence of prior acts and provides the victim anonymity. This protection applies to complaints in sexual assault cases, but not in criminal assault cases. People who are assaulted in a BDSM context typically choose not to report what happened to the police because they will be outed as kinky by the public court documents and they may even face media exposure if their assailant is charged with criminal assault rather than sexual assault.

 

But first we need to persuade the ALI to agree with our proposal, or at least something like our proposal.

 

Petition to the American Law Institute:

 

Consent should be a Defense for BDSM activities

 

I urge the American Law Institute in its consideration of proposals to revise the Model Penal Code (MPC) provisions relating to sexual assault, to provide in the MPC that prosecutions arising from BDSM (bondage, discipline, Dominance & Submission and sadomasochism) conduct be pursued as “sexual contact” rather than as criminal assault. I believe this is appropriate because consensual BDSM is intended to be a mutually pleasurable erotic activity and not a violent assault by one person against another. Criminal prosecution may be appropriate if consent is not given, but consent should be allowed as a defense.

 

Sign here!

 

Background info on the ALI Petition

 

 

Celebrate Consent Month in September!

on Wednesday, 15 July 2015. Hits 132

National Consent Month embraces the freedom of expression that comes with informed consent.

 

Join us by dedicating one of your events or workshops during the month of September to consent. Let us know the date of your event, and we'll put it on our calendar and publicize it on our social media.

 

Go to ConsentMonth.com to see ideas on how your group can celebrate Consent Month. Get free swag to give away at your event like “Got Consent?” ribbons and bracelets.

 

Get your “Got Consent?” T-shirts, mugs and dog tags in the NCSF shop!

 

Submit photos of your Consent Month celebration to our Consent Photo Contest. We’ll post the photos and award the winner top billing on our Consent Month website for the rest of the year. You’ll also be featured in an NCSF media campaign about Consent Month.

 

Consent Month is proudly sponsored by the National Coalition for Sexual Freedom and the Arizona Power Exchange.

 

Thank you for celebrating September as Consent Month!

A Taste of Kink at AASECT

on Monday, 08 June 2015. Hits 368

NCSF thanks AASECT for allowing us to produce A Taste of Kink with the AASECT Alt Sex SIG at their annual conference this past weekend in Minneapolis. 109 members received 3 Continuing Education credits for attending the event which showed demonstrations of BDSM activities and allowed participants to "taste" the sensation.

 

It was an exciting event that has been years in the making by the kink-aware sex educators, counselors and therapists of AASECT. Attendees had the opportunity to talk to kinky people about their relationships, and how and why they enjoy BDSM and fetishes.

 

Thank you to all the MN kink volunteers who gave generously of themselves, welcoming the AASECT members into the inner workings of our community!

 

NCSF Incident Reporting & Response – 1st Quarter 2015 report

on Tuesday, 31 March 2015. Hits 406

By Susan Wright, Director of IRR

 

NCSF’s Incident Reporting & Response received 54 requests for assistance from individuals, groups and businesses in January, February and March. NCSF maintains the confidentiality of those who come to us for help. However we balance that need with the need to report the services we are providing and to provide the community with a record of where the need is the greatest. Here is a breakdown of the cases we assisted on in the first quarter of 2015:

 

Criminal

 

There were 18 requests for assistance with incidents involving criminal law. 12 of those requests were from survivors of a kink-related assault/sexual assault who needed assistance in connecting with kink-aware victim services, education of law enforcement, investigators and prosecutors. 5 were requests for kink-aware defense attorneys and expert witnesses knowledgeable about BDSM vs. abuse. The other incident involved obscenity law.

 

Professionals

 

13 professionals and organizations asked NCSF for information and resources to assist in them in providing their services to kinky clients. These included victim services, medical clinics, therapists, prosecutors and college professors. We also provided information and resources to 2 kink activists to assist in their training of professionals in their area.

 

Groups

 

There were 12 requests for help involving BDSM and swing groups. 6 groups asked for advice on banning members and dealing with consent violations. 4 groups asked for assistance in setting up a club and dealing with zoning. 2 groups needed assistance with reporters who wanted to attend one of their events.

 

Child Custody

 

There were 8 requests for help with child custody in which BDSM was brought in to contest custody. That is an increase from the 4th quarter of 2014 in which there were 6 requests for help with child custody. We assisted in family court cases in Virginia, Indiana, Ohio, Texas, Georgia, Arkansas and Canada.

 

Discrimination

 

There were 2 requests for help with kink-related discrimination. One person is being denied hospital visitation and the other needed help finding a kink-aware therapist in her area.

 

Civil law incidents

 

Only 1 request for help with a threatened outing, involving their FetLife profile.

 

 

If you need NCSF’s help because of discrimination or to remove kink as a barrier to service, please contact our Incident Reporting & Response today! Email This e-mail address is being protected from spambots. You need JavaScript enabled to view it

ABM Agenda , Baltimore MD

on Thursday, 19 March 2015. Hits 334

WEEKEND AGENDA
Annual Meeting of the NCSF Board and Coalition Partners
March 20-22. 2015
 
Friday, March 20th
5:30 pm – 6:30 pm Board Meeting
7:00 pm – Midnight Meet and Greet - at MaxVilla in Baltimore hosted by Mistress Max Rulz
 
Saturday, March 21st
8:30 am – 9:00 am Coffee, Welcome and Introductions
9:00 am – 10:30 am Reports on the State of the Coalition
10:30 am – 10:45 am Break
10:45 am – Noon Reports continued
Noon – 1:00 pm Working Lunch, Open Discussion Time
1:00pm – 4:15 pm The Future.
In depth discussion regarding questions on reports
Program Analysis
Consent Violation and Coming-Out Discussions for our EOP
Surveys 
Stakeholders Analysis
Future Directions
4:15 pm – 4:45 pm Wrap-Up Discussion
4:45 pm – 5:00 pm Evening Instructions and Adjourn for the day
7:00 pm – 3:00am Evening of Decadence, Sponsored by DC Sub Club, hosted by Judy Guerin (aka MsAriel) VIP from 7-9pm, with Play Party following
 
Sunday March 22nd
9:00 am – 9:15 am Coffee and Welcome
9:15 am – 10:00 am Elections and Appointed Nominee Discussions
10:00 am – 11:00 am Budget and Financial Planning
11:00 am – 11:45 am Fundraising Focus – Engage the CPs
11:45 am – Noon Statement from the Chair, Closing Remarks and Adjourn
Noon – 1:30 pm Lunch and New Board Meeting
2:00 pm - 4:00 pm Consent Discussion at the Baltimore Playhouse
4:00 pm - 8:00 pm Play Party at the Baltimore Playhouse

Stalled by UUA, Leather & Grace Seeks Mediation

on Tuesday, 17 February 2015. Hits 379

NCSF has supported our Coalition Partner, Leather & Grace, as they have worked to gain greater tolerance for kinky members and staff of the Unitarian Universalist Association. Unitarian Universalists have a long history of courage in tackling issues around human sexuality, yet the UUA's current leadership has not responded well to Leather & Grace's concerns.

 

"Communication with the UUA has been a struggle since Leather & Grace got off the ground in 2011," reports L&G's Moderator, Desmond Ravenstone. "The litany of issues basically comes down to our perceiving a lack of clarity, responsiveness and credibility on the part of the Association’s leadership and their designated liaison."

 

In response, L&G's leadership has selected an outside intermediary, for the purpose of helping negotiate a covenant of right relationship with the Association.

 

"The UUA appoints Right Relationship Teams at its annual General Assembly, to deal with issues of conflict and miscommunication," Ravenstone explained. "Based on that model, we recommended that someone be appointed to serve a similar function in our case. But that was rejected, and the bulk of the problems faced by kink-identified UUs still remain. So we’ve taken it upon ourselves to find someone willing to fulfill this task, and to ask the UUA’s leadership to respect our wishes that any further communication be channeled to that intermediary."

 

Many difficulties stem from the refusal of their designated liaison to communicate L&G's questions and suggestions to various UUA departments, compounded by non-committal and evasive answers from UUA leaders to a number of questions. Issues reported by kinky UUA staff, for example, took two years to be resolved. Meanwhile, L&G has repeatedly pointed out a major problem with the criteria for recognizing "related organizations," which the UUA's senior administrators have failed to address.

 

"We will continue our mission of educating and building greater awareness among all UUs," Ravenstone affirmed. "But our experience with the UUA's current administration has led to a serious erosion of trust, and it will take sincere effort to repair this breach. We believe the intermediary we've found will be able to help. It's now up to the UUA to take the next step."

Join NCSF!

on Friday, 13 February 2015. Hits 398

The National Coalition for Sexual Freedom is fighting for your rights. Please support us by joining today!

 

For the month of February, as Fifty Shades of Grey sweeps the nation, NCSF is holding a membership drive in honor of the BDSM activists, authors and organizers who have helped pave the way for greater tolerance for all kinky people. As a coalition, NCSF is proud to bring together groups, businesses and professionals so we can work together to eliminate discrimination.

 

Join Now!

 

What does NCSF do for you?

 

Media Outreach Program influences the discussion about kink by giving interviews, posting Media Updates, and training people on how to talk about kink and nonmonogamy.

 

Consent Counts works to decriminalize BDSM and educate our own communities about consent.

 

Educational Outreach Program presents workshops every year around the country on consent, BDSM and the law.

 

Kink Aware Professionals is a free referral list for kink aware doctors, mental health professionals, lawyers and more.

 

Incident Reporting and Response helps individuals, groups and businesses who are being discriminated against because they are kinky, and provides resources and education for professionals about kink.


NCSF relies on you! For only $25 per year, you can support the rights of consenting adults. Your group or business can join as a Supporting Member or Coalition Partner.


Join or renew your individual membership at:

https://ncsfreedom.org/get-involved/join.html

 

Annual Coalition Partner Meeting

on Tuesday, 20 January 2015. Hits 613

NCSF’s 2015 Coalition Partner Meeting will take place in Baltimore, MD, on March 21-22.

 

The Coalition Partners will meet to vote on the Board of Directors for NCSF, approve the 2015 budget, and brainstorm on NCSF’s projects and goals for the coming year.

 

The CP Meeting will be held at the Ramada BWI Airport hotel at 7253 Parkway Drive, Hanover MD 21076. Rooms are $87/night plus tax. To make a reservation you must call the hotel directly at: 410-712-4300 There is a shuttle from/to the airport and Amtrack.

https://ssl.gstatic.com/ui/v1/icons/mail/images/cleardot.gifhttps://m.ramada.com/hotels/maryland/hanover/ramada-bwi-airport-arundel-mills/hotel-overview

 

On Saturday, the NCSF CP Meeting is 8:30am-5pm with lunch provided, with the meeting continuing on Sunday from 8:30-noon.

 

The following are educational, social and fundraising events for NCSF that everyone is invited to attend:

 

· Friday 3/20.  Join NCSF at MaxVilla in Baltimore hosted by Mistress Max Rulz—food, drinks and play in the dungeon. 7pm-12am. $15 admission—all proceeds benefit NCSF.  Tickets must be purchased in advance. Tickets are available at https://nationalcoalitionforsexualfreedom.wildapricot.org/event-1843285.  Please bring a valid ID.  Directions will be emailed to ticket holders.

 

· Saturday, 3/21.  Join NCSF for a special evening of decadence at one of the finest private dungeons on the East Coast located in Silver Spring, MD, sponsored by the DC Sub Club and hosted by Judy Guerin (aka MsAriel). There will be a VIP portion from 7-9pm with NCSF and local scene celebrities, followed by a play party until 3am for $50 admission.  Enjoy hors d’oeuvres, wine, beer and a buffet dinner. Tickets are also available for the play party from 9pm-3am for $25 that includes food and drinks. All proceeds benefit NCSF. Tickets must be purchased in advance:  https://nationalcoalitionforsexualfreedom.wildapricot.org/event-1843289 Please bring a valid ID.  Directions will be emailed to ticket holders.

 

· Sunday, 3/22.  Join NCSF for a workshop at Baltimore Playhouse from 2-4pm, free of charge. BDSM & the Law: Everything You Need to Know, with a panel of Kink Aware attorneys and advocates. Have a question? Now is the time to ask! How do you protect yourself or house party? Where are the lines drawn when it comes to consent violations? How do you deal with consent violations that aren’t assault? What about contracts? We will be taking your questions ahead of time until March 1st so ask us what you want to know about kinky sex and the law. Send your questions to This e-mail address is being protected from spambots. You need JavaScript enabled to view it FetLife event page: https://fetlife.com/events/314546

 

· Sunday, 3/22.  Open play at Baltimore Playhouse from 4-8pm, the largest play space in the U.S. Admission $10.

 

 

Transportation can be provided for Board Members and Coalition Partner representatives to any of these events.

 

We hope to see you there!

 

For more information, contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Latest Reader Comments

  • in a bdsm community
    it is important to keep verbal abuse and arguments to a minimum.

    bdsm community

    26. July, 2015 |

  • i often think it would be helpful to advise such people in terms they'll understand: if you alienate given sector of the population,...

    Ian

    22. July, 2015 |

  • NCSF posts Media Updates on articles that we want people to comment on. Whether they're positive or negative articles, we help drive...

    NCSF

    25. June, 2015 |

  • Someone dropped the ball on this whole story. How did he get a license in Virginia with what happened in Florida? Simple. He got the...

    Guest

    23. June, 2015 |

  • I agree. I would highly recommend NCSF not repost articles defaming feminists.

    Angela Anderson

    08. June, 2015 |

  • Females didn't 'submit'. They were overtaken without choice.

    Many anthropological studies fail to mention the native ancient...

    Sacchiridites

    04. June, 2015 |