TAC

Scene Safety in Mixed Venue Environments

May 1, 2021 By TAC 2 Comments

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As time goes on money gets tighter and clubs dedicated to BDSM only are becoming more scarce or harder to get into. As a result, mixed venue environments are being used more often for events, gatherings, and play parties. Mixed venue environments are places which may be kink friendly but are not solely dedicated to BDSM such as swingers clubs, kink friendly bars/nightclubs, or any other place where we can reasonably believe the crowd around where we will be playing comes from differing lifestyles.

There are plenty of safety considerations when deciding on the type of play and setup for a scene in these environments, it all hinges on forethought and preparation. Stand-off distance, equipment choice/availability, crowd movement around the play space, crowd monitoring, and crowd composition are some of the considerations when setting the scene and deciding on the type of scene you will be running.

Playing Where Not Everyone Knows the Etiquette

“People should know to stay out of our way,” is often the attitude of my fellow Lifestylers who are not as accustomed to working in mixed venues. Except a good portion of the crowd will likely not know the safety standards, may be drinking or using other intoxicants, and likely do not understand the needs of the players for unencumbered space for everyone’s safety, including their own. What we often take for granted, others are naïve of.

Recently I attended a kink night at a swingers club. This was a common event once a month (my first time there) and many of the kink players there were not familiar with the space as they had changed the setup of their “dungeon.” What was previously a fairly open and lighted space was now a tight, crowded, poorly lit area. So overcrowded with equipment it restricted players in ways they might not normally have to deal with in a dedicated dungeon. In addition, as aforementioned, there were plenty of intoxicated people around to throw a wrench in the works.

A spanking bench was set up dead center in a 20’ x25’ “dungeon” surrounded by a set of stocks, two St. Andrews Crosses, a medical table, flogging post, and a rather large snake looking things which I have no name for. There were no dungeon monitors to prevent anyone from encroaching on play. Out in another area there were two suspension rigs hanging above the dance floor barely ten feet apart without any cordon around the space to keep people at a distance.

To those who might not know better, it might look like a very cool set up. However, the reality was this space was ripe for someone becoming injured, including bystanders. As a result, players were unable to freely engage in activity without being constantly encroached on; no suspensions happened but plenty of rather loopy people walked up and started using the steel suspension rings like a jungle gym to the chagrin of the two rope tops trying to get something going; and actual scenes were few. But plenty of people brought budget toys to go after each other in manners I would rather not describe. Not a single first aid kit was in sight.

I did speak with the venue owners later in the evening to express my concerns. To their credit, they were more than willing to help make changes in the future to improve both safety and the ability to play. They just did not know what they did not know. Not their fault, but I am surprised no one had taken them aside before and had this conversation.

Before I go farther, I am not blaming anyone. There are a vast number of people entering kink who simply do not know and have not seen what can happen when things go wrong. I am just focusing on what I was able to determine as potential problem areas and try to address how to play safer in similar venues should you choose to attend one.

The new reality for many of us is we must learn to work within the spaces available to us for our kinky gatherings. Whether we like it or not. For some, they are the only spaces available to them.

About Some of the Considerations.

Stand-off distance: Depending on the space available, we may not be able to run a scene with a single-tail or other long implements. How much room is available will drive, partially, the type of toys we may be able to use. Or we may get to where we are setting up and have to change what we have planned. Bring options so you can adjust as needed. We need the length of our implement, plus the length of our arm, plus 18 inches for a minimum safe distance regarding swing path (from where we will be standing, not from the center of the furniture in use). There also needs to be at least four feet around where our bottom will be so no one can reach in and touch them.

If possible, we should border the play space with rope or tape at waist height to create our standoff. If this is not possible, we might have to get creative with how to create the standoff. Or enlist the help of a couple other players to DM for you, and in turn, DM for them to help keep the look-e-loos at bay.

Equipment/Furniture: Whether you bring your own, or the kink furniture is being provided, it all takes up space. Where it is placed within the play space and what angle it is placed can maximize your room available without having to impinge on the rest of the venue. Regardless of what we want, it is not likely the space provided for play will be able to be expanded (indoors) and your choice of implement may need to change accordingly.

Mixed venue spaces are geared more for the social, than they are for play. There may be other impediments such as tables and chairs, a bar, couches etc. which may limit where we can move kink furniture. Coordinating with local management to set up a play space for a limited time may or may not be an option, but it does not hurt to ask.

Crowd Movement Around the Play Space: Pay attention to the major routes of movement around your potential space. Which way are people traveling? Where are they going? Is it a route to essential services such as restrooms, a first aid station, or (chuckles) the bar? If you are able, pick a play space, or set up the play space so people only need to move on one side or another. Again, keep in mind your backswing area and over travel area for certain types of toys.

At one mixed venue club we attend regularly, our group takes over an elevated stage which is just about the right amount of room for a spank bench or horse and enough standoff to conduct flogging. Being bordered on three sides by couches (occupied by our friends) we are able to control the space fairly well.

Crowd Monitoring: We may need not just a Dungeon Monitor but someone to pay attention to what the crowd is doing. Often others in the immediate area will not understand what they are seeing and may try to encroach on the space in one way or another. The DM must have the ability to watch both play and monitor the crowd. In some cases, there may need to be more than one DM for the scene. Regardless, our DM needs to have the understanding that many of the people around them, do not know what is safe, needed, or expected. The ability to keep a cool head and explain things calmly will help greatly.

Crowd Composition: Let’s face it, some of the play we can get into can seem pretty rough, if not actually rough, to the uneducated observer. Edge type play in a mixed venue is probably not a good idea. Knives, hook suspensions, scat, piss, roman showers, blood etc. can get the average Joe or Jane all worked up and upset. Giving consideration to the crowd you will be in front of, can prevent Joe/Jane from having the compelling need to save your bottom from you and putting your DM in a bad position. Not saying you cannot do these and other things, just saying you should think about it first and plan accordingly.

Be Open to Questions: After the scene, when appropriate for you, be willing to answer questions for those who are curious. This is your opportunity to talk about not just the scene, but why things were set up the way they were, etiquette, as well as other points we simply take for granted. Remember, they likely do not know, be kind.

Final Thoughts

We all want to have the safest play possible, have successful events, and forward a good impression of kink, BDSM, and our Lifestyle. A little extra time and planning can help make that happen. How we conduct our play in mixed venues gives us the ability to be good kink ambassadors. We can show through our actions, how we handle onlookers, and answering questions that kink is more than just slapping people around and skull fucking.

There is always a way to have our fun in these environments, we just have to be flexible about it. So go out and get your kink on!

TAC is a lifestyle writer, dominant, and mentor who contributes to several online educational groups such as the BDSM Alternative Lifestyle Discussion and Education; Information Exchange for Dom/mes, Masters, and Mistresses; and the Virtual Munch. His writing includes information on self-improvement, growth, dominance, trauma, power dynamics and power exchange, and safety. His goal is to continue giving back to a community of friends who have supported him for nearly three decades. He can be found on Fetlife at TAC_1

Fear, Trust, and Finding Your Rhythm As A Top/Dominant

April 24, 2021 By TAC 2 Comments

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Fear is a healthy reaction to the unknown. The right amount keeps us form going overboard. Too much keeps us from experiencing things, and we miss out. It does not matter if it is stepping on a roller coaster, getting in the car for the NASCAR experience, performing a caning, or rigging your first suspension. Fear is the dividing line between what we can do now, and what we can achieve.

Regular posts from bottoms/submissives appear on the boards asking how to help their tops/dominants get over the anxiety of causing pain and potential injury. Sometimes posts from new tops/dominants, asking for help so they can give their submissive what is needed or desired. Fear holds those dominants back. Fear of themselves, fear of causing harm, uncertainty in skill, and possibly not understanding trust during play, not just the dynamic, is a two-way street.

Trust in a Scene is a Two-Way Street

One of the tallest mountains a top/dominant can climb, is learning how to trust their bottom/submissive during a scene. Sure, we trust them to say when they are having a hard day, not hiding medical problems, or if they are not in good head space. That kind of trust is easier to understand because we have been practicing it our whole lives. That of a good partnership and friend. In play the bottom/submissive is placing their safety and possibly life in the top’s/dominant’s hands, and they are asking us to let go. To give in to some of our baser instincts which society has trained out of us. To be demanding, to be rough; not just to give, but to TAKE. It can be, and is, awe inspiring and overwhelming all in the same breath.

Learning to trust the bottom/submissive to say when too much, is too much. Pain does not always mean harm, injury, or lasting damage. Some bottoms/submissives crave pain, others may like it mixed in with sensual play. You may be a top/dominant who enjoys delivering pain. Let your submissive help guide you on what works and what does not for them. Take your time to study and learn from others how to play safely without causing harm. All the aforementioned cannot come just from the top/dominant, a book, or even a mentor – but must include communication with and information gained from our bottom/submissive.

Fear is about Me…..not We. Changing Mindset.

Being stuck in the mindset of fear, is all about the individual, not the partnership. The ego saying the top/dominant is supposed to know better, supposed to have all the answers, must make all the decisions. Which leads to, “I am afraid of…… I don’t know how…. I don’t know when… what if I fail,”….etc. versus, “we will experience…. we will find the edges….. we will learn….. together.” Tops/dominants are expected to take on a lot of responsibility, to learn, become proficient, and to lead. The mistake is thinking it can be done in a bubble. Trust your bottom/submissive and their feedback to help shed light where it is hard to see.

“I don’t know my own strength,” or something similar is heard commonly. Expressing a reserve from pushing their own boundaries, let alone that of a bottom/submissive. So what? As tops/dominants we do not need to understand our own strength nearly as much as we do the strength of our bottoms/submissives. Work with them so you know if you can go harder or need to be softer. Physically and mentally.

Finding the mindset to balance the fear is a must. The place in the mind which allows acceptance of the bottom’s/submisssive’s trust and trusting them in return. Leveraging that trust to move past the abstract chains keeping a top/dominant from walking forward into the unknown. Embrace the uncertainty as it will always be there to one degree or another. But lean on trust so experiences are not missed, and the desires of both partners can be fulfilled. To learn as tops/dominants, we are not doing something TO our submissive, we are experiencing something WITH them. We are not causing pain, but delivering sensation which is desired and even craved.

Don’t Just Guess

“I’m not sure what to do….,” Ask. Ask your submissive what they are willing to try. Use imagination when designing play. Trust that when a submissive says, yes, they mean it. Whether subscribing to SSC, RACK, PRICK or the half dozen other paradigms regarding safety in play, having faith in each other, communication and consent are at the heart of all of them. Take time to thoroughly research a kink or aspect of play together before doing it. When the research is done, plans are made, and consent has been given…. accept bottoms/submissives have their own minds, and are making a decision to TRUST you…..so trust them.

“They want me to really go rough with them, but I’m afraid of hurting them…,” Well they are not, or they would not be asking for it. They may want the rush of adrenaline and the high which comes from play. The deep bond which can come from enduring and feeling in ways not normally felt. It can be done without damaging them or causing serious injury. It takes time, practice, research, patience, and seeking their feedback.

Have a Process

When I work with a new bottom or submissive, even if they are experienced, I take it slowly. Everything is discussed beforehand. Not just about the play itself, but what implements will be used; how I will be communicating with them; warning signs and signals; safe words; where the first aid kit will be located etc.

Warming up in the scene; checking in with them throughout asking where their comfort level is; 1 to 10. Watching how they act and react to different implements, how they are used, or different strikes on parts of their body. Both of us learning each other as we go. We do not have to know it all right out of the gate. We do need to have a plan, be focused, and pay attention.

After the scene, sometimes the next day, I will recap the scene with them; ask them what they did and did not like; what went well and what did not; If something was too much or too little; is something they want more of. The point being, with someone new, or as a new top/dominant, we have not learned to read our bottom/submissive yet. This is an opportunity to gain their input and learn.

As time progresses and with becoming more experienced, we will be able to read body language better and see the cues the bottom/submissive gives. Patience, practice, and listening to the bottom/submissive will help get a us to where we need to be. This does not take the place of good communication, but augments it allowing the scene to be more organic.

Finding a Rhythm

“I really like flogging, but am I doing it right?” Whatever it is, it rarely gets done right the first time, or even the first ten times. I can cane one submissive one way….. and for another it just does not work for them. It is as much art as it is science. The physical techniques will only get you part of the way. Learning what works for you and a particular bottom/submissive is the art. Some require a soft warm up, others prefer a hard shock to get them focused before warming and building into play. This is a process which requires the participation of both the parties. Don’t be afraid to experiment WITH them.

If you stick with it long enough you will learn your bottom/submissive. Just like playing poker, everyone has tells. Reading them becomes part of that experience. Eventually play/scenes become a dance where only the two of you can hear and understand the music. Talking through things is still important, but you will find the rhythm between the two of you that works.

Putting it All Together

Learning yourself and your bottom/submissive; learning more about the kinks that are of interest; and learning to let go of the fear. These become part of the building blocks for you to begin letting go and truly trusting your partner.

Trust is the daylight which pushes back the boundaries of fear. Trust in your bottom/submissive will pay off in your own self confidence because it frees you to be who you are. It is ok to be anxious when pushing forward into unknown territory. Just realize you are not doing it alone, but with your partner. Trust them, and they will trust you.

An Analysis Of BDSM’s Old Guard

April 10, 2021 By TAC 2 Comments

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The More Things Change, They Stay the Same

“I have problems with the way in which the distinction between ‘Old Guard’ and ‘New Guard’ is sometimes deployed. While there are many differences between leather/SM as it was practiced in the 1950’s and as it is practiced today, the shorthand terms can exaggerate and oversimplify our past and present.

Most of the alleged differences popularly thought to differentiate ‘Old Guard’ and ‘New Guard’ – formality versus informality, strict etiquette versus a more casual style of social interaction, deliberate training versus less organized acquisition of skill and knowledge – are more a matter of degree than absolute distinctions.” (Old Guard, New Guard; Cuir Underground; Gayle Rubin; 1998)

Even though this was published 23 years ago, it is as true today as it was then. Just change the terminology from “Old Guard” and “New Guard” to “New Guard” and “The New Generation.” Nothing which is being done today, is new. It has come full circle back to the beginning of Leather and kink in the 50’s and 60’s. Not quite back to the free for all and burgeoning organization(s); more of an organized chaos where there is less emphasis on exclusive organization and more on the individual and the sharing of information. Leather, both organized and unorganized, was near the beginning of a more overt kink culture in the United States. Their ideas, culture, and some of their traditions are still defining our journeys today, whether we want to admit it or not.

The Spirit of Kink Preserved

“All through this Handbook I will be at great pains to point out that much of what I have to say is opinion….. Your reaction may be entirely different, and your desires may exceed or fall short of the action I describe. This is exactly as it should be. No one – Larry Townsend or anyone else – can even begin to set the standards for your sexual needs and/or behavior.” (The Original Leatherman’s Handbook; Larry Townsend; 1972) This was the spirit of kink from the beginning which still pervades today. That there was not and will not be one way, one true way, or one way to be/conform to. Kink has been and still is a rare bastion of freedom in a world where everything we do from the wearing of socks to what shop we buy our coffee from becomes scripted.

If you are interested in, or are part of, a clan/house/family in BDSM you most likely have agreed to a structure and set of rules to be part of that organization. All well and good. However, all of that is dependent on being in the organization. Not kink, not Leather, not BDSM. It is their way, and possibly yours. I am not arguing against organizations, only saying that the structure and rules, are not kink dependent, they are organizationally dependent. Kink is its own animal; wild, untamed, and free. How it is expressed by the multitudes is up to each individual which can include a thousand rules, or none at all.

There Are No Magical Answers – Only History

There is still a lot of debate regarding what, if anything, the “Old Guard” was. I hear some people talk today about how they are like the “Old Guard.” How, if three generations back they were confused as to what it really was? Guy Baldwin, in a speech he gave in Tacoma, WA (September 20, 2014) referred to the subject by characterizing it as the, “….single most troublesome, misunderstood, divisive, and distracting issue to bedevil our leather world, and for succeeding generations: of course, I refer to The Old Guard.” (Full text of the speech available here Old Gods Die Hard | by Leatherati | Leatherati Online)

Even Jack Rinella stated he was a relative latecomer to Leather (circa late 70’s). Having done research into this subject himself he freely opined he had a hard time pinning down what the, “Old Guard,” was and he was much closer to the source than we are today.

They did not refer to themselves as, “Old Guard,” and by admission (through available essays and writing) many who were around in that era freely stated it was chaotic, a jumble of expectations getting loosely defined by organizations which began to form over time. Feeling their way through life, just as we are now. Figuring it out as we go along. There was no roadmap to help them preordain the way it would turn out as many historians would like us to believe.

Yet, there are many aspects of that era which survive today and things which we have added along the way. This forms an ever-evolving way of looking at and practicing kink. Where there was once S/M now there is BDSM which was not coined until decades later. Where safety and accountability were certainly mentioned in points of S/M history; Safe, Sane, and Consensual became a watch phrase born in the early 80’s. Early on there were not even Tops or bottoms let alone Dominants/Masters and submissves/slaves. All of this evolved through time. Much of which during can be considered in the, “New Guard,” era. If there is such a thing.

Even through evolution, the best ideas and values seem to survive.

Honesty and Integrity: “Real Leatherman keep their word: they do not borrow or lend money; they conduct their affairs with honor and integrity – they don’t lie.”

Recognition of experience: “Experience in the Scene determines social seniority (Top or bottom), not age, not size, not amount of leather worn, and not offices held in organizations, awards received or titles won.”

Courtesy: “….all are expected to observe rules of social courtesy – bad manners are inexcusable and can lower one’s status in the Scene….”

(The Old Guard History, Origins and Traditions; Drummer Magazine; Late 80’s; Guy Baldwin)

These are just a few examples of values set early on in the kink scene, which survive today. A quasi roadmap which did not exist in the 50’s. At least today, we have these bits and parts to lean on as a tacit guide. We may not be standing on the shoulders of giants, but path was certainly forged for us (and still is being forged) by some rather brave individuals.

Without their contributions to kink and the Scene, we may not have some of the generally accepted values today. Those values and contributions, in my opinion, are what lead people today to have a certain reverence for the past, keep us guessing about what it was really like, and if we are doing it “right” today.

Does it really matter?

Yes….. and no. It matters if you are like me; who understanding where we came from, can help inform us why we are the way we are today. If you are one who just likes to forge ahead without putting a whole like of pondering into it, maybe not. But those basic values and concepts which run through our community such as respect, courtesy, honesty, integrity, safety, etc inform our lives and the way we practice kink. Even for those who may not realize (or care about) how it all began.

Lessons hopefully passed on and learned; some traditions preserved and better ways of doing things being thought of every year and incorporated; and a spirit of freedom are at the heart of what it is that we do. An oral (sometimes written) history. Knowledge passed from the older generation to the younger in hopes they will carry the torch and keep improving on it. Some of the changes over the years have chapped my ass. But that is the nature of change and, “The New Generation,” certainly has the right to live kink in a way that makes the most sense for them.

We have a more conscious way for kink which fits with this era. One which is much more inclusive, much more safety conscious, and dare I say, much more, “out.” I cannot say the last decade has been entirely comfortable for me since the release of Fifty Shades of Grey (2011) popularized kink, but it has been certainly exciting, as well as exhausting. I look forward to the developments coming in the next ten years.

Note: For more information on the authors referenced in this article, please visit the links included below (in order of reference):

Gayle Rubin – Gayle Rubin – Wikipedia

Larry Townsend – Larry Townsend – Wikipedia

Guy Baldwin – Guy Baldwin – Wikipedia , Guy Baldwin – Leather Hall of Fame

Jack Rinella — Jack Rinella’s Home Page (leatherviews.com)

If You Aren’t Enjoying It, Why Do It?

March 21, 2021 By TAC 2 Comments

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Not everyone is cut out to be balls deep in this lifestyle and there is nothing wrong with that. I have seen more posts than I can count in educational groups about people who are absolutely miserable trying to be a slave/submissive or master/dominant. Why? The definition of stupidity is doing the same thing over and over again and expecting a different result. Somewhere in the same post is often a statement, “I think I am just going to give it all up.” Again…WHY? Because it has to be all or nothing? Hogwash!

You do not have to be a fulltime “lifestyler” in a dynamic to enjoy what BDSM and kink have to offer. There is no rule saying you must be all in or get out.

Like a menu at a Chinese restaurant, you can find enjoyment in the pieces and parts that are on offer. So what if a Total Power Exchange is not for you. Maybe you just like taking or giving over control once a month. Who cares if you are not a massive pain slut and would rather a good tickle. Good for you. The world would be a boring place if everybody was meeting a, “kink standard.”

Make your own mosaic of what fits you and roll with it. If you are unhappy as a submissive and hate having rules, you might be a kinkster who just likes to bottom occasionally as a play partner. Great! If you are a Dom/me who is struggling and frustrated constantly, same deal. Maybe being the occasional top is for you. There have certainly been points in my kink life where I backed off the lifestyle and just spent some time playing.

If you do change from one role to another, you can always change back, or into something completely different. Being a certain something or that if you are that something, a certain way, in not required. No matter what the peanut gallery has to say.

If you are one of the many out there who have found yourself in limbo, frustrated, and confused. Have hope. There is a place and kink for damn near anybody in our carnival of paraphilias. So do not jump out of the clown car just yet.

Take Time to Define Your Needs

Take some time to really evaluate yourself and your needs. Without comparing yourself to anyone else. What kinks pique your interest? What makes you feel good/bad? What are the things you are unsure about? Why are you unsure about them? What are the things you absolutely have to have? How often? Etc.

As I said, without comparing yourself to anyone else. You are the one unique you. There is no expectation that you become Super-Master Single-Tail Esquire, or the ultimate slave. Do not worry about living up to an image you have in your mind or what you think everyone else in kinktopia will consider, “legitimate.” Just be you.

And if you have not got that figured out yet…… so what? You will get there. Be patient.

It can be OK to just play.

Not everyone has to have a deep personal connection when they are practicing their kink. Sometimes play for play’s sake, is a good thing. As long as it’s safe and with someone you can trust. It is how we figure out what we like; by trying things out.

I have several play partners (bottoms) who are friends, but not romantic interests at all. The scenes are rarely emotional. What they want one in a while is to get broken down, beat, and sometimes humiliated. Seems to recharge their batteries and they are good for a couple of weeks. After the scene, we go back to being just friends. I do not view them as less than a dedicated submissive, or somehow inferior in the lifestyle. That is just them, and I accept them for who and what they are.

When you are ready, explore!

Like those bottoms I described, you have a niche, even if you have not found it yet. Explore different things, with different people if you can. How one person tops in fire play can be completely different from someone else. Conversely, if you are a top who enjoys impact, not all masochist bottoms are going to get your motor running. Sometimes physical and/or intellectual chemistry matters.

There are plenty of kink inventory charts out there for reference. Pick one and start making a bucket list. We do it with everything else in life why not this? Make friends in the community and start learning who is good at what and who likes what. Share your goals with people. A lot of people in our little world want to be helpful and for others to have good experiences. You might be surprised how easy it is to check some of those kinks off your list.

Do not be afraid of change.

Everything changes, as much as we do not want it to at times. Learn to embrace it. Who you are today regarding kink, is not who you are going to be two years from now, let alone ten. Your experiences will mount, preferences evolve, and your skill/knowledge will be greater. All of this is a good thing. Try not to hold on too tightly to the way things are now. If you do, you may get stuck in a rut and find yourself being disappointed in the future. Our partners are growing and changing also, so we need to be looking forward and evolving with them (for long term relationships).

To borrow a cliché, it’s not the destination, it is the journey. Enjoy where you are now. In the future, look back on it fondly, but do not let what might have been weigh you down. There is always a new adventure right around the next corner. If you spend too much time looking back, you might miss it.

Sometimes things just end.

In the wide world of kink, there has been a massive influx of those who want to jump in the deep end feet first but have not figured out how to swim yet. Most dynamics are doomed before the ever get started. Poor communication skills, unrealistic expectations, or just plain not being committed take them down on a regular basis.

If this has happened to you, do not be too hard on yourself. Do he honest. Look at yourself and own your part in why something went sideways. Then commit to being better and make a plan to do so. Breakups are almost never one sided. Even if your partner was silent on the issue, you have an idea of the things you need to work on.

While you are a free radical, practice your communication and being honest to a fault. Think about your expectations and if they are realistic. Where they may have been with one partner, they may or may not be with your next.

Not every dynamic has to be a forever one. I have entered into dynamics where we both knew it had an expiration date for differing reasons. They are looking for their forever man/woman/partner; or they have a primary (poly) and are wanting to learn/gain experience for a time – are a couple of examples. As long as you both know what those reasons are and are comfortable with the arrangement, go for it. Something to keep in mind the next time you are vetting if you dive back in the pool.

Above all, enjoy yourself.

If you are not having fun anymore, there is a reason. Take a beat and figure out what that is. There is a ton of crap in our regular lives to drag us down, kink should not be among them. What it is that we do should build us up! Inspire self-confidence; be a means to learn about ourselves; and be a reasonably safe haven from the mundane world. Yes, there are going to be rough patches. Those are opportunities to grow and change. Take them for what they are, learn, and move forward.

BDSM and Kink can be as fun as you want it to be. Sure, it takes some effort and self-reflection at times to keep it on track. In the end, that effort is worth it. Better than being stuck in a negative loop wishing things were better.

Be the genuine you. Be in control of your own destiny, and Be adventurous. When you are 80 and looking back, it will put a smile on your face.

The Fallacy Of Consent Defense

March 7, 2021 By TAC 3 Comments

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But They Said Yes!! – The Fallacy of Consent as a Legal Defense

Consent is a cornerstone of Kink and BDSM. So much so it has been ingrained in how we talk about play since the 80’s when Safe, Sane, and Consensual was coined. But what are we consenting to if we do not really understand all the risks? One of those risks is legal. What are we up against if things go terribly wrong?

If you are the type that is just into a little slap and tickle, you probably have nothing to worry about. But if you are thinking about getting into heavy play, or are playing heavy already, keep reading.

Since BDSM and Kink have come more into the mainstream in the last decade, the light shown on what we do has become immense, and not all of it good. In fact, if you include the Hollywood portrayals of our lifestyle it has been somewhat damaging to the community. Public opinion is still very mixed, and the majority out there still have a limited understanding of BDSM, or worse, completely the wrong idea.

This public attitude toward our lifestyle is reflected in the courts.

What is a Consent Defense?

According to University of Minnesota Law School, a consent defense is when the accused claims they have the consent of the alleged victim. But for it to work, it has to meet several criteria:

Consent was given knowingly and willingly by a person who could legally give it.
In most jurisdictions consent can only work as a defense to a crime in the case of sexual conduct.
The alleged crime does not result in serious bodily injury or death. (definition of serious bodily injury varies by state)

We must be able to claim the person consented, the act was sexual in nature, and it did not result in serious bodily injury. Which might work, if things have not gone horribly wrong, such as broken bones, near asphyxiation, lacerations, heavy bleeding etc. All of which are potential risks for heavy players. Again, risk is the driver here. The bigger the risk you take in play, the more likely things will go badly, and the less likely consent will be a defense you can use.

Will a Consent Defense work for me?

I would not count on it. There have been many legal opinions handed down at the federal level which have all but made the consent defense impossible to use in a case where Kink and BDSM are involved. In the United States harming another person is considered to be a crime, regardless of how the harm came to be. A person cannot legally give their consent to a criminal act.

The notable cases which have gone against consent as a defense date back to the People v. Samuels (1967) in a California case where Martin Samuels after his consent defense was rejected by the court was convicted of assault for participating in a film which included a BDSM scene. (Crim. No. 5577. First Dist., Div. Two. Apr. 28, 1967./ 250 Cal. App. 2d 504). To more recently Doe v. Rector and Visitors to George Mason University where the court ruled there is no constitutional right to engage in BDSM. If that is the case, then there are no legal defenses to it either. In fact, the opinion of the court stated,

“Sexual activity that involves binding and gagging or the use of physical force such as spanking or choking poses certain inherent risks to personal safety not present in more traditional types of sexual activity. Thus, as in Cruzan v. Glucksberg, a legislative restriction on BDSM activity is justifiable by reference to the state’s interest in the protection of vulnerable persons, i.e. sexual partners placed in situations with an elevated risk of harm.

Accordingly, consistent with the logic of Lawrence, plaintiff has no constitutionally protected and judicially enforceable fundamental liberty interest un the Due Process Clause of the Fourteenth Amendment to engage in BDSM activity.” (United States District Court for the Eastern District of Virginia, Alexandria Division, Case No. 1:15-cv-209)

Not only is the court stating you have no constitutional rights pertaining to BDSM, the court asserts a state has the potential ability to restrict it, or even criminalize it if they deem it in the interest of public welfare.

The current trend is not getting better for BDSM legally, at least not on the federal level. Unfortunately, it is case law like this which will be referenced in the future should we find ourselves being tried by a jury of our “peers.”

Marriage and Domestic Partnership can complicate things even more:

We would think being in a loving, trusting union might shield us somewhat. It probably does to some extent as far as our partner is concerned. However, most states in the US can charge someone with domestic abuse regardless of whether the, “victim,” is cooperative or not. Medical providers are mandatory reporters, as well as other professionals, and if they see what they believe to be signs of abuse, they are legally obligated to report them.

Is there light at the end of the legal tunnel?

There has been headway on the legal front. Several states, such as New Jersey, have added laws to their books which may not alleviate criminal charges altogether, but reduce them so the penalties are not as severe. (Everyday Health Is BDSM Legal in US and Other Places, Sept. 19, 2019, Julie Marks)

There are also organizations which are working hard to lobby for more kink friendly laws. However, support for them is limited. (here is my no to subtle pitch) If you care about the lifestyle and kink, get involved with one. It does not have to be out in the open, it could be a five-dollar donation. Small bits of help add up to moving mountains, as long as we all get involved.

What do we do to protect ourselves?

Know the law where you live. If you are going to engage in risky behavior, have an idea of the penalties for it and what the legal downside is. Do some research in your local area to see if there are kink friendly professionals who provide services. Lawyers, doctors, mental health professionals etc. They are much less likely to report something they understand as not being abusive. The National Coalition for Sexual Freedom (ncsfreedom.org) has populated a database where kink friendly professionals can register. It is not a golden egg, but it is a start.

Refrain from playing intoxicated or impaired. Whether it be a legal, prescribed, or an illegal substance, it does not matter. Our judgment can be severely impaired making safety a serious concern and, legally, we cannot give consent if we are impaired.

For the new or less initiated, do not play with people you do not know well and trust. All it takes is someone you barely know getting their feelings bent out of shape and off they go to show their newly acquired bruises to their favorite law enforcement officer. For the love of Pete…. do not play with random strangers you do not know at all.

Get first aid training. No, it does not cover the big stuff, but you can possibly prevent some small injuries, from becoming serious ones. Marks happen, know wound and welt care to prevent them from becoming a significant injury.

Know what you are doing so you can play as safely as possible. If you are into rope, get yourself to rope classes. If whips excite you, click the red x in the corner of your screen, close Youtube, and find someone in your community who really knows the skills and safety which goes with it. Pick an implement or type of play, the advice is the same. Get real mentorship and/or training from a reputable source. Online is great, but it generally only scratches the surface.

Unless you are a very light player, try not to buy ultra-cheap gear. I have seen more than one submissive get serious splinters from a budget paddle disintegrating on their rear end; a cane end go flying into an audience; or rope lose its bite creating a dangerous constriction.

The last bit of advice is take it slow and have fun. I do not want to scare the pants off everyone, but you should learn the risks, even the legal ones, which go with play. Take your time and learn your craft. In the process you will develop relationships with people you can trust and who trust you.

Oh…. Did I say…HAVE FUN!

TAC

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