I was invited to a BDSM party recently. I went and saw lots of "whipping" and "spanking" is it legal?

Question

Was I breaking the law by being there and not stopping it?

Answer 1

It was legal as long as everyone consented to participate and there was no prostitution. Isn't this a great country??!!

Answer 2

If we assume that the activities of a BDSM party (usually called a dungeon party) were illegal, unless there is some kind of Good Samaritan law, you are under no legal obligation to intervene in the "crime" being commited. Also, merely being at the site of such a party is not a crime in and of itself. Therefore, in any case, you were not in violation of the law.

As to the question of whether SM acts are legal, it does technically depend on the jurisdiction. Some localities will consider it to be assult, even if the "victim" is a willing participant. However, this rarely becomes an issue unless it spills over from the private actions of the participants, such as creating a nuisance in a neighbourhood or if minors are involved. Most prosecuting offices will not bother with what is perceived as a victimless crime unless there is some kind of public pressure.

In short, you need not worry about any legal consequences. However, I would suggest that you keep your experience reasonably private, since while there may not be any legal problems, the unfortunate stigma of the BDSM world would be enough to possible effect relationships with others for the worse.

Answer 3

You were not breaking the law by being there. The party wasn't illegal but alot of states have laws that could be used to prosecute BDSMers. As far as stopping it? That is a HUGE no-no at a BDSM party. If you were concerned that something was getting out of hand, you should find the host, or ask someone who Dungeon Monitor is. Address your concerns to them and if a scene needs stopping they will be the ones to do it. Also, a good host will provide an area for guests who might not be comfortable with the goings-on to chill out if they are squicked by a scene.

Answer 4

Depends which country/state you were in. The law here in the UK is that - in theory - assault is assault, even if both parties are consenting. Some years ago in a famous case (known as the Spanner case) some guys who were getting together for consensual BDSM were found guilty and given short jail sentences.

But in practice that rarely happens, and it's highly unlikely that anyone would make a fuss about consenting adults (over 16 in the UK) spanking or paddling each other. 'Whipping' might be more serious, but not if you just mean martinets, belts or floggers.

Do you join in? And did you enjoy it?

Answer 5

As long as it's consenting adults in private, and there is no secret video or audio taping, no drugs, etc, then I wouldn't worry. However, people engaging in this kind of play need to be careful to keep the law away. Here's why:

Most states' laws consider that giving consent to engage in BDSM is proof that one is not mentally competent to give consent. Get it? No SANE person would consent to this stuff, so other participants are found guilty of taking advantage of a crazy person, which is just as criminal as taking advantage of a child or mentally retarded person.

If there is ever a police or medical emergency at a BDSM scene, get the whips and chains, latex and leather OUT OF SIGHT and get your stories straight, or all you "consenting adults acting in the privacy of your homes" could be facing criminal charges.

Answer 6

Of COURSE it is legal. Otherwise it would have proably been rape, since who would go to a BDSM party not planning to be spanked and whipped. I mean by asking this it almost makes you sound like you hadn't heard of BDSM. If you are offended by peoples kinky sexual tastes so don't go to parties like that. Now if it goes to far and someone is killed, it would still be manslaughter.

Answer 7

Hum, It's legal, what else were they doing? I don't like the idea of whipping, but spanking is a great turn on for some.

Answer 8

No you were not breaking the law assuming these people were consenting adults.

Where was this party? I want an invite next time!

Answer 9

I thought BDSM was a road side recovery thing? No? Oh well. I don't think spanking is illegal, and at least now you can say you've been there, it'd make a great conversation peice!

Answer 10

As long as you are a willing participant, there is nothing illegal about it. I met a self proclaimed "slave", last summer, at my tattoo shop. Her Master/Owner wanted her branded, but she only wanted a tattoo (and we do not do brandings). She wore a collar around her neck with a lock and everything. I was shocked. I asked her, when he walked far enough away, if she was doing this willingly. She said, "Oh yeah, we have a contract. It's a lifestyle and if he wants me branded, I agreed to it, even though I think it is unnecessary." She assured me that she was never forced into anything if she felt strongly against it. She said they had agreed upon certain aspects of their relationship and it was on paper, signed and sealed...all legal and binding. Strange to most of us, but true. If it made you uncomfortable I suggest you not go again.

Answer 11

No it was not breaking the law as long as everyone were consenting adults and it was not in a public place where others who wished not to be involved were at.