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Displaying items by tag: consent

FOR IMMEDIATE RELEASE

National Coalition for Sexual Freedom

NCSF Survey on Consent

The National Coalition for Sexual Freedom (NCSF) wants to hear from you! Please take our Consent Counts survey and tell us what you think about consent: www.ncsfreedom.org/survey.html

As part of decriminalizing BDSM in the legal codes, we need to be able to articulate a clear definition of consent that the BDSM communities believe in. The results of this survey will assist in the creation of a statement on consent that will be presented for the consideration by the BDSM communities at LLC in Seattle in 2013.

NCSF needs your input on defining consent. What do we mean by consent? When is consent invalidated? Does “safe, sane, consensual” still work as a community creed? Are there behaviors that the BDSM communities don’t accept? What is your experience with consent in the BDSM communities?

To participate in discussions of consent online with kinky people both in the US and around the world, join our Consent Counts group at https://fetlife.com/groups/46202  NCSF is committed to supporting and encouraging people to discuss ethical consent so we can move to a more thorough understanding of what consent is, and can provide better education for people who are interested in exploring their sexuality.

NCSF has actively participated in changing the social discourse of BDSM since 1997. The term “consenting adults” is a commonly accepted standard for sexuality today due in a large part to our work. NCSF has pledged to continue to lead the change in political discourse until all consenting adults need not fear prosecution or victimization because of their sexual behavior.

Published in Press Releases

NCSF Launches the Next Chapter for Consent Counts

February 27, 2012

The National Coalition for Sexual Freedom (NCSF) announces two new publications as part of its nationwide campaign, Consent Counts. The Consent Counts Project was launched by the BDSM-leather-fetish communities in 2006 to decriminalize consensual BDSM in U.S. law by ensuring that consent will be recognized as a defense to criminal charges brought under assault laws and other statutes. "For the past 18 months, NCSF's Consent Counts Project has almost exclusively focused on the legal and policy issues surrounding decriminalization of BDSM activities," says Leigha Fleming, NCSF Chairperson. "We have learned that the Consent Counts project also needs to do more to work within our own communities to better understand and articulate what consent is and to better educate about the importance of prior informed and ongoing consent."

NCSF is proud to announce the publication of two new guides "The Aftermath: A guide for victims of sexual assault and/or intimate partner violence in the BDSM community," by Natalie Quintero, and "When the Levee Breaks: A guide to dealing with and avoiding arrest and prosecution in BDSM scenes." "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.

"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.

Both guides are now available on the NCSF website: www.ncsfreedom.org/consentcounts.html

You can join the NCSF Consent Counts community at FetLife to talk about these two new NCSF guides online! Join our Consent Counts group www.fetlife.com/consentcounts to discuss issues of consent with kinksters both in the US and around the world."Sexual abuse and intimate partner violence are a real problem in the kinky community. The nature of BDSM greatly increases the importance of having a clear definition for consent when addressing these issues - both inside our community and at the legal and legislative levels," says James Lennon, VP of FetLife. "That's why FetLife has decided to partner with the NCSF on the Consent Counts project. Together, we can make the BDSM community a safer place for everyone."

"The Aftermath" and "When the Levee Breaks" are only a couple of the tools developed by NCSF as part of our Consent Counts Project.  In the coming year, Consent Counts will be presenting continuing legal education (CLE) programs to attorneys, prosecutors and law students, and participating selectively with "friend of the court" briefs in legal cases.To date, the Consent Counts Project has completed a review of the relevant laws in all 50 states and on the Federal level, and has developed educational programs and outreach materials. These resources, including a state-by-state guide of relevant consent related assault laws, the appellate legal cases involving criminal prosecution of BDSM as assault as well as some of legal cases relevant to the alternative sexuality communities have been posted on the NCSF website under Resources,

The final piece of the expanded Consent Counts project will be released by March 15, 2012. To facilitate a community-wide discussion on and about consent, Consent Counts has created a Community Discussion Guide and a survey that groups, munches, individuals and events around the country can use to create a framework for the thoughtful examination of the nuances of consent. 

What do we mean by consent?  When is consent invalidated? Does "safe, sane, consensual" still work as a community creed? Are there behaviors that the BDSM community doesn't accept? FetLife, an NCSF Coalition Partner, is generously providing a space for NCSF to facilitate this discussion within FetLife at www.fetlife.com/consentcounts. In addition, the survey will be available online via the NCSF website. Responses will be collected and collated and used to develop a community statement on consent that will be presented at the Leather Leadership Conference (LLC) in Seattle in 2013. For more information, go to www.ncsfreedom.org or contact Judy Guerin, Director, Consent Counts at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Published in Press Releases

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

How You Can Help

    • Work to change antiquated laws
    • Work to change the social climate about sexual issues
    • Promote acceptance of safe, sane, and consensual alternative sexual practices among consenting adults
    • Oppose censorship of consensual sexual expression
    • Fight for freedom of academic expression about sexual issues
    • Help communities and individuals facing the threat of prosecution or legal action
    • Support the right of adults to express their sexuality, gender identity and orientation freely and openly without fear
    • Learn more about NCSF

Why You Should Care

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