#bdsm the law
I had a conversation with a cop last night about how they perceive BDSM practices and what you should do if the cops come calling at your door because a neighbor has complained about ‘Loud Noises’ coming from your home. Here is what he told me:
If a cop comes to your door from a noise complaint, and you are in the middle of a BDSM scene, the first thing you need to understand is what the cops are going to be looking for and what kind of action they may take on questioning you. Be HONEST with the cops, tell them that you are engaged in sexual activity and that it is consensual. Both partners should be talking directly to the cop, but if the cop notices the female looking towards her partner before answering questions, this would be taken as a red flag and a sign of potential abuse. So you must break all of your D/s expectations during this conversation. Some Dominants may have rules for their submissive about talking to other men, making eye contact with other men etc… But when dealing with the police at your door, these rules need to be suspended. You should acting like any other vanilla couple that are simply engaging in some kinky sexual practices.
The Cops will most likely separate both partners for questioning, asking what is going on, but paying special attention to the female partner, asking her questions such as; are you here against your will? Are you being hurt? Do you wish to leave? The female needs to make it clear that they are NOT being hurt and are simply taking part in adult sexual activity that IS consensual. They may also ask to come in and have a look around to satisfy themselves that all is well. So be prepared to discretely conceal any whips, floggers, knives etc before opening the door. Providing that the accounts of what is going on they get from both partners match, then the cops will most likely just ask you to keep the noise levels down and be out of your hair quickly. They have much more pressing issues to deal with than interrupting two consenting adults from enjoying themselves in the privacy of their own home.
When I asked the Cop about what would happen if the couple were participating in edge play such as blood play, and the female was bleeding from an inflicted wound, then his answer was loud and clear. The person that inflicted the wound, whether inflicted consensually or not, would be going to jail that night. The law makes no allowances for consensually allowing yourself to be cut, beaten, whipped, flogged etc. The cop gave me this example… If I was called to a fight outside a bar, and a guy was getting beat on by another, but he tried to tell me that they were ‘ALLOWING’ the other to hit them for some reason, it would make no difference to my interpretation of the law. One was being beaten by the other which is against the law. Whether consent was present or not, the aggressor would be locked up.
In this context, we as BDSM practitioners must be very aware of what we do even in the privacy of our own homes. Understand that there can & will be consequences if the Cops see cuts or bruises on one of the partners during questioning. Talk about it together as a couple, take precautions to ensure that neighbors are not given cause to get involved and call the cops for unusual noises.
Play safe & educate yourself.
A good website to look around at too is http://ncsfreedom.org
Here is a link to an article they have entitled “When the Levee Breaks”
“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.”
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more articles in the Library For Kinksters.
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October is Kink Awareness Month. It’s a great time to spread awareness of kink and how to do it safely.
In that spirit I thought this was a piece to share. Kink by it’s very nature exists at the fringe of society. It is misunderstood, and when the uninitiated, or uniformed catch a glimpse of our fun and games, whatever they may be, chances are strong that the authorities will get involved. So if you’re going to be playing then you owe it to yourself and your partner to be prepared for when that happens.
Be prepared, be safe.
