BDSM, CONSENT AND THE LAW

Suing for Silence - Sexual Violence and Defamation Law - GET THE BOOK (USE CODE SILENCE FOR A DISCOUNT)

Bonus Resources

United States:
BDSM, Kink and Sexual Assault
National Coalition for Sexual Freedom: Is this sexual assault? Fact sheet (US)

Is erotic choking legal in your state? Learn the sexual violence laws in your state

General Sexual Violence Resources:
Sexual Violence Law Centre
National Sexual Violence Resource Centre
National Sexual Assault Hotline: 1.800.656.HOPE (4673)

Canada:
Legal Resources
Independent Legal Advice – Some provinces and territories across Canada offer “Independent Legal Advice” that will provide people who have experienced sexual violence access to legal advice from a lawyer.

LEAF has a comprehensive overview of legal programs for sexual and intimate partner violence
across Canada

Additional Readings:
Canadian Law
Craig, E. (2021). The legal regulation of sadomasochism and the so-called “rough sex defence”. Windsor Yearbook of Access to Justice 37(2), 402-427. 

Khan, U. (2016) Take my breath away: Competing contexts between domestic violence, kink and the criminal justice system in R v. J.A., Onati Socio-Legal Series, 6 (6), 1408-1422. 

Canadian Bar Association (Alberta Branch) (2016). Hot for kink, bothered by the law: BDSM and the right to autonomy.

Zanin, A., (2014). In healthy, consensual BDSM, saying ‘yes’ is just the beginning. Globe and Mail. 

How did it hurt? Distinguishing Intimate Partner Violence in and BDSM in Relationships. Rachel Anne Kieran & Elisabeth Sheff

Consent to Harm CBC Podcast Part 1
Consent to Harm CBC Podcast Part 2

(Part II is specific to is specific to BDSM and sex work)

Significant Case Law
R v J.A. 2011 SCC 28, [2011] 2 S.C.R. 440 – “advanced consent” and breath play /erotic asphyxiation 

R v Welch 1995 282 ONCA – sexual assault causing bodily harm – is consent of the complainant/victim a valid defence for bodily harm under the criminal code?
R v KDH 2012 – look up

Distinguishing BDSM/Kink from Sexual Violence Moser, C. (2023) Differentiating sexual violence from BDSM. The Journal of Sexual Medicine.

Dunkley, C.R. & Brotto, L.A. (2019) The role of consent in the context of BDSM. Sexual Abuse.