Lack of definitions

Most sexually related acts that might be considered an offense are very hard to proof. That is a direct result of the lack of definitions. For example: if pornography is illegal it may be very hard to actually proof that something is pornography, since hardly any law provides a clear definition. Convictions in this area are usually not the result of clear proof, but of defendants pleading guilty as a result of social stigma and pressure and maybe commercial interests. It is very hard and requires a lot of courage (and in some countries, such as the USA or the UK, a lot of money) to stand up against such accusations because of the social pressure and the potential implications.”Prevention measures”, such as the temporary removal of children from their parents, as is frequently done in the USA, will complicate the situation considerably.

In the event of BDSM that is even more difficult. Strange as it may seem, defending oneself against accusations in the event of erotic power exchange in fact is very simple in most countries and regions. The plain lack of clear definitions and the fact that almost all opinions and external (expert) advice will be based on predominantly outdated scientific material (material that in other cases would probably not be accepted by any court because of exactly that reason) make it relatively simple to build a solid defense case. However, people compelled to build such a defense usually lack the courage and support to do so.

The most powerful example of exactly HOW outdated some of the information, used in erotic power exchange related cases is, is the basic definition itself. Frequently the original definitions of “sadism” and “masochism” will be used, as provided by Krafft-Ebing in the “Psychopatia Sexualis”. This book – unfortunately STILL in use – was published in the late 19th (!!!!) century and has not been revised since. Other, frequently produced, definitions are the ones provided by Freud (dating from the early 20th century).

The lack of clear legal and/or scientific definitions is “Damocles’ Sword” in this case. On one hand the erotic power exchange community, trying to provide accountable information, often cannot do so, simply because it is not available and cannot be produced easily either. As a result, the “community” itself heavily contributes to the fear and to the uncertainty when it comes to prosecution or even investigation. The considerable amount of incomplete information or total misinformation, assumptions and “interpretations” again contributes to the darkness and in fact rubs in the stigma, even within the community. As a result, in many areas people are driven by fear and assumption, not by information and they may hide their emotions and activities, rather than being more or less open about them and confident with themselves. The lack of research and the fact that scientific research is usually limited to individual cases, therapies and prejudged assumptions by therapists (who usually are only seeking to promote their “therapy”), is at the root of all this.

To Be Continued…

The above article is a reprint from our information/educational site Kink Culture.
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