Lecture 10 JS130 Sex and Justice PDF

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JS 130 Sex & Justice
Michael Vallerga
TuesThurs 3:00 - 4:15
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09/24/19 Kink, BDSM, and The Law What is Kink? ● Socially constructed ● Consensual ● Sometimes alone, sometimes with others ● Sometimes sexual, sometimes not ● Sometimes about power, sometimes not Why do people do kink? ● Exploring Identity ● Stress Relief ● Letting Go of Responsibility ● Not having to make voice ● Feeling empowered ● Sexual pleasure ● Testing and proving oneself ● Spirituality and Religious Practice ● Living out fantasy Review: Laws Regarding Assault ● The Model Penal Code (MPC) 211.1 ○ Simple assault: a person is guilty of simple assault if he: ■ Attempts to cause of purposely, knowingly or recklessly causes bodily injury to another or ■ Negligently causes bodily injury to another with a deadly weapon; or ■ Attempts by physical menace to put another in fear of imminent serious bodily injury Allowed Context for Consent as a defense to assault laws ● Medical ● Body mod ● Sports ● Stunt people Status of Kink In The U.S Legal System ● Kink has never been recognized by the courts as one of these exceptions ● Even if all involved parties agree that acts are consensual, consent is still not recognized as a valid defense ● Kink is not constitutionally protected as a form of sexual expression How does kink even show up?

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Bitter breakups and divorces If the events are filmed Actual cases of assault Noise complaints Mandated reporting by medical professionals

“Paddleboro” (Addleboro, Massachusetts) ● Arrested 30 people ● Dropped case, no one willing to testify However, Kinky Survivors of Assault are Especially Underserved by the Law ● No state has legal protections for employment discrimination against kinky people ○ Survivors fear being outed if they report ● Police officers and prosecutors often don’t understand kink practices ● Someimes also sex workers, and worry about being prosecuted for that Review: Consent 101 ● Affirmative Consent ○ With all involved parties ○ Fully informed ○ Freely given ○ Enthusiastic ○ Lucid Consent in the Kink Community ● SSC (Safe, Sane, and Consensual) ○ Kink activities should only take place if they are completely safe, consensual ■ Choking should not happen ● RACK (Risk-Aware Consensual Kink) ○ Even risky kink activities are acceptable is fully informed of the risks, willing to accept those risks, and consenting freely ● PRICK (Personal Responsibility Informed Consensual Kink) ○ Participants in kink activities must take personal responsibility to be fully informed Strategies for Managing Consent within Kink Communities ● Safewords ● Aftercare ● Dungeon Monitors ● (Occasionally) Scene Content Warnings ● Negotiation Thorny Issues in Kinky Consent ● Informed vs. Non Informed

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○ Being kidnapped Consent with strangers Sex on drugs Sex while sleeping...